The Constitution for the Commonwealth of Australia, through which the Australian colonies were federated in 1901, was written and approved by what was a uniquely democratic process at the time. Delegates to a Constitutional Convention were directly elected by the voters of four colonies, in early 1897. These voters included South Australian women who had been enfranchised in 1894: although only a minority, their participation was significant, and it led to discussion about the interests of women in the Constitution and in Federation generally, in all the colonies. When the Constitution had been completed by the elected delegates, it was submitted to the voters for their approval in a referendum in 1898.

 Before the referendum took place, a copy of the Constitution was officially sent to all the electors in New South Wales, and made available to the electors in the other colonies. The referendum was the first occasion in history in which popular approval was directly sought for the constituting document of a new nation. When the referendum did not succeed in 1898, the Constitution was amended to meet the interests of the voters of New South Wales in particular, and a second referendum, this time successful, was held in 1899. In Western Australia, the referendum took place in mid-1900, and West Australian women, enfranchised in 1899, voted.

 Although the Constitution had to go to the Imperial Parliament for enactment, in order to become a legally binding 'contract' between the federating colonies, it was clear from political discussion at the time, as well as from provisions in the Constitution itself, that the Parliament would only pass the Constitution if the voters had first given it their approval. A statement of the original approval was entrenched in the Constitution's Preamble, and the principle was transmitted into the means for constitutional alteration. Alteration can only be effected by referendum, in which approval for a Parliamentary proposal to change the Constitution is sought.

 These processes and principles were unique, indeed very controversial in the 1890s; many fears were expressed that election of delegates would lead to inappropriate choices and result in a Constitution written by a 'mob'. Others thought that a referendum would be 'revolutionary' and would undermine the Parliament. The mechanism of the referendum was especially associated with Labor Party policy in that period, and some critics were afraid that its adoption represented 'socialist' influence.

 The Constitution itself, while it did not enshrine for example, adult suffrage, did contain a number of unusually democratic features for the time: both Houses of the Commonwealth Parliament were to be directly elected and plural voting was ruled out. The system of representative government established by the Constitution has been held by the High Court to contain an implied guarantee of freedom of political communication.

 In writing and approving their Constitution, Australians showed themselves willing to continue their tradition of experimentation in seeking the best form of democratic representation and democratic participation in fundamental political decisions. Although they drew upon the range of existing federal Constitutions in writing the Australian Constitution, they went further than all the others in introducing democratic principles into this process and its product. It is not commonly recognised how daring these experiments were thought to be, and what a real risk the politicians took in subjecting themselves to them. While the Convention elections returned almost all politicians or ex-politicians, there was no guarantee that this would be the outcome. This, and the referendums that followed, represented an extraordinary act of democratic trust.

Email: Helen Irving