Too much law and not enough theory: A critique of the Commonwealth Constitution

The Commonwealth Constitution has never undergone a process of comprehensive, systemic reform. Yet its institutions fail to give effect to fundamental constitutional theories such as accurate representation of the will of voters, effective control by the legislature over the executive and protection of individual rights. The federal system remains a feature of the Constitution despite its enormous cost. Debate over the republic has failed to address the key issue of codification of the reserve powers. Yet despite these flaws, constitutional reform appears unattainable, due in no small part to the fact that the shortcomings in civics education leave voters ignorant of the constitution and thus fearful of changing what they do not understand. This paper contains a broad discussion of the most pressing constitutional reforms and what is necessary for them to be achieved.