Also of concern is s25, referring to races which may be disqualified from voting by the State. As a result of the Racial Discrimination Act 1975 (Cth) no State could do this, however the fact that it implies it could be contemplated as seen by some as reason to repeal it (Nettheim 1997).
The Australian Constitution also has very few absolute individual rights, and even these only exist through interpretation. Although s51 (xxxi) ensures just compensation from any acquisition of property by the Commonwealth, it does not protect the individual from acquisition by the state, as evidenced in Tunnock v. the State of Victoria (1951) 84 CLR 42. S116 mostly guarantees freedom of religion, provided the law is not broken (Adelaide Company of Jehovah's Witnesses Inc. v Commonwealth (1943) 67 CLR 116). Finally, s92 guarantees an individual freedom from discrimination based on State. The lack of individual rights has prompted many to wonder whether Australia would not benefit from a Bill of Rights, perhaps based on the United States or Canadian model. .
However, the fact remains that the Australian Constitution is somewhat difficult to alter. In 1902, when the first constitutional case was brought before the courts (Wollaston's Case (1902) 28 V.L.R. 357, 383 per Madden C.J.) it was remarked that s128 provided "a very easy method of amending the Constitution". However by 1976 it was clear this was not the case; more held the belief that, "constitutionally speaking, Australia is the frozen continent" (Sawer 1967). Australia has now held over 40 referendums, yet only eight have successfully been carried. .
There have been several theories put forward as to why referendums are so unsuccessful in Australia. Colin Howard (1972) pointed the blame toward the strict stipulations in s.128, labeling it "a major obstacle to constitutional amendment" and concurring with the Report of the Joint Committee on Constitutional Review (1959) that reducing the requirement from a majority of voters at least four states to simply a majority of all voters in a majority of states (Howard 1972, Australian Parliament Joint Committee on Constitutional Review 1959).
