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Constitutional Recognition of Australia’s First Peoples: Theories and Comparative Perspectives

Constitutional Recognition of Australia’s First Peoples: Theories and Comparative Perspectives

Author: Simon Young; Jennifer Nielsen; Jeremy Patrick
Publisher: The Federation Press
ISBN: 9781760020781
Published In: November 2016
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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This collection of essays explores the history and current status of proposals to recognise Aboriginal and Torres Strait Islander Peoples in the Constitution of Australia. The book had its genesis in a colloquium co-hosted by the University of Southern Queensland and Southern Cross University, attended by scholars from Australia and overseas and prominent participants in the recognition debates. The contributions have been updated and supplemented to produce a collection that explores what is possible and preferable from a variety of perspectives, organised into three parts: 'Concepts and Context', 'Theories, Critique and Alternatives', and 'Comparative Perspectives'. It includes work by well-regarded constitutional law scholars and legal historians, as well as analysis built from and framed by Indigenous world views and knowledges. It also features the voices of a number of comparative scholars – examining relevant developments in the United States, Canada, the South Pacific, the United Kingdom, New Zealand and South America. The combined authorship represents 11 universities from across Australia, the United Kingdom, the United States and Canada. The book is intended to be both an accurate and detailed record of this critical step in Australian legal and political history and an enduring contribution to ongoing dialogue, reconciliation and the empowerment of Australia's First Peoples.

Foreword

Preface

Simon Young, Jennifer Nielsen and Jeremy Patrick

Part I: Concepts and Context

Breaking the Silence: The Importance of Constitutional Change

Jennifer Nielsen

Recognition, Referendums and Relationships: Indigenous Worldviews, Constitutional Change, and the ‘Spirit’ of 1967

Ambelin Kwaymullina

Reforming The Australian Constitution: An Overview of Recognition Proposals

Nicky Jones

Part II: Theories, Critique and Alternatives

‘Political Timetables Trump Workable Timetables’: Indigenous Constitutional Recognition and the Temptation of Symbolism Over Substance

Megan Davis

Constitutional Amendment and the Issue of Trust

Sean Brennan

Is Australia Ready to Constitutionally Recognise Indigenous Peoples as Equals?

Asmi Wood

The Race Power, Federalism and the Value of Subsidiarity for Indigenous Peoples

Jonathan Crowe

The Con-stitutional Re-cognition (s)Cam-pain: Recognising First Nations Peoples' Ontological Subordination in the Supreme Colonial Authoritative Piece of Paper

Gordon Chalmers

A Survey of Arguments Against the Constitutional Recognition of Indigenous Australian Peoples

Jeremy Patrick

Part III: Comparative Perspectives

Constitution as Dialogue: Legal Pluralism and the American Experience

Jennifer Hendry and Melissa Tatum

Rights-based ‘Recognition’: The Canadian Experience

Sharon Mascher and Simon Young

Beyond Recognition: Promoting Indigenous Peoples and their Laws in the South Pacific

Jennifer Corrin

Indigenous Australians and Constitutional Reform: Learning from a Very British Experience

Vito Breda