Example of changing laws

For example, the Native Title Amendment Act 1988 (Commonwealth), the case, known as the wik case, involved whether or not aboriginal Australians had the right to native land over pastoral leases. It was ruled that they can coexist (farmers and aboriginals) on the land, until conflict arises where pastoral rights would take precedence. The federal government and farming corporations felt that this common law created uncertainty, which lead to the creation of the Native Title Amendment Act 1998 (Commonwealth) (statute law). This made it harder for indigenous people to claim native land rights prior to 1994.

How to change laws

Constitutional law

Constitutional law is law made by the constitution of Australia it is generally made by committees of notable leaders and often with a great deal of opinions given from everyday citizens. Commonwealth Constitutional law also has power over statute law when there are concurrent powers and exclusive powers for the commonwealth. This sets a precedent for the commonwealth constitution. The change of a constitutional law has to be put to a vote by the public, of which Is called a referendum.

The 1967 referendum for aboriginal people was the most successful in Australian history, with over 90% of Australians believing that aboriginals should be considered as equal to anyone else in the constitution. This allowed for aboriginals to even be considered as Australian citizens. Within the constitution, it was made to be read as ". . . the people of any race, other than the Aboriginal race in any State, for whom it is deemed necessary to make special laws." Any deletion to the constitution is made by striking out the deleted section. Additions are shown by inserting the new text in bold.