A First Nations Voice in the Australian Constitution

Law

A First Nations Voice in the Australian Constitution

By Shireen Morris
Hart Publishing February 2022

Specifications

ISBN-13
9781509944521
Publisher
Hart Publishing
Publication
February 2022
Format
Paperback
Jurisdiction
Australia ? Countri(es) for reference only

Details

This book makes the legal and political case for Indigenous constitutional recognition through a constitutionally guaranteed First Nations voice, as advocated by the historic Uluru Statement from the Heart. It argues that a constitutional amendment to empower Indigenous peoples with a fairer say in laws and policies made about them and their rights, is both constitutionally congruent and politically achievable. A First Nations voice is deeply in keeping with the culture, design and philosophy of Australia's federal Constitution, as well as the long history of Indigenous advocacy for greater empowerment and self-determination in their affairs. Morris explores the historical, political, theoretical and international contexts underpinning the contemporary debate, before delving into the constitutional detail to craft a compelling case for change.

Table of Contents

1. Introduction
I. Background
II. Structure of this Book
2. The Historical, Political and Theoretical Context
I. The Problem of Purpose
II. Historical Context
III. Political Context
IV. Theoretical Context
3. Understanding Objections to a Racial Non-Discrimination Guarantee
I. Introduction
II. The Expert Panel's Racial Non-Discrimination Recommendation
III. Objections to a Racial Non-Discrimination Clause
IV. Responding to the Objections
V. Is a Qualified Power the Answer?
VI. Conclusion
4. International Inspiration
I. UN Declaration on the Rights of Indigenous Peoples
II. New Zealand
III. Canada
IV. Sámi Parliaments: Norway, Sweden and Finland
V. Conclusion
5. The Legislative Possibility of Reserved Indigenous Seats in Parliament
I. Introduction
II. Constitutional Constraints
III. How Much Legislative Flexibility Does the Constitution Confer?
IV. What Does this Mean for Reserved Indigenous Seats?
V. Conclusion
6. The Case for a First Nations Voice in the Constitution
I. Introduction
II. Re-Capping the Case for Change
III. Distinguishing the Inter-State Commission and ATSIC
IV. Assessing Options for Constitutional Amendments
V. Legislative Mechanisms to Enhance Impact
VI. Addressing Political Objections
VII. Conclusion
7. Conclusion
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