Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution PDF Download
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Author:
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages :
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Book Description
"Current multiparty support has created a historic opportunity to recognise Aboriginal and Torres Strait Islander peoples as the first peoples of Australia, to affirm their full and equal citizenship, and to remove the last vestiges of racial discrimination from the Constitution. The Expert Panel was tasked to report to the Government on possible options for constitutional change to give effect to Indigenous constitutional recognition, including advice as to the level of support from Indigenous people and the broader community for these options. This executive summary sets out the Panel's conclusions and recommendations" [taken from executive summary]; report contains draft Bill for an Act to alter the Constitution to recognise Aboriginal and Torres Strait Islander peoples and their cultures, languages and heritage, to replace racially discriminatory provisions and to include a prohibition of racial discrimination. "The Act may be cited as the Constitution alteration (Recognition of Aboriginal and Torres Strait Islander peoples) 2013."
Author:
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages :
Get Book Here
Book Description
"Current multiparty support has created a historic opportunity to recognise Aboriginal and Torres Strait Islander peoples as the first peoples of Australia, to affirm their full and equal citizenship, and to remove the last vestiges of racial discrimination from the Constitution. The Expert Panel was tasked to report to the Government on possible options for constitutional change to give effect to Indigenous constitutional recognition, including advice as to the level of support from Indigenous people and the broader community for these options. This executive summary sets out the Panel's conclusions and recommendations" [taken from executive summary]; report contains draft Bill for an Act to alter the Constitution to recognise Aboriginal and Torres Strait Islander peoples and their cultures, languages and heritage, to replace racially discriminatory provisions and to include a prohibition of racial discrimination. "The Act may be cited as the Constitution alteration (Recognition of Aboriginal and Torres Strait Islander peoples) 2013."
Author: Bain Attwood
Publisher: Aboriginal Studies Press
ISBN: 0855755555
Category : History
Languages : en
Pages : 201
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Book Description
On 27 May 1967 a remarkable event occurred. An overwhelming majority of electors voted in a national referendum to amend clauses of the Australian Constitution concerning Aboriginal people. Today it is commonly regarded as a turning point in the history of relations between Indigenous and white Australians: a historic moment when citizenship rights -- including the vote -- were granted and the Commonwealth at long last assumed responsibility for Aboriginal affairs. Yet the constitutional changes entailed in the referendum brought about none of these things. "The 1967 Referendum" explores the legal and political significance of the referendum and the long struggle by black and white Australians for constitutional change. It traces the emergence of a series of powerful narratives about the Australian Constitution and the status of Aborigines, revealing how and why the referendum campaign acquired so much significance and has since become the subject of highly charged myth in contemporary Australia. Attwood and Markus's text is complemented by personal recollections and opinions about the referendum by a range of Indigenous people, and historical documents and illustrations.
Author: Simon Young
Publisher:
ISBN: 9781760020781
Category : Aboriginal Australians
Languages : en
Pages : 280
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Book Description
Darryl McCarthy (a Mardigan man from South West Queensland)Women's Business Reproduced with permission of the artist © Darryl McCarthy_______________________________________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 10 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.
Author: Megan Davis
Publisher: NewSouth
ISBN: 1742241948
Category : Political Science
Languages : en
Pages : 152
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Book Description
This book explains everything that Australians need to know about the proposal to recognise Aboriginal peoples in the Constitution. It details how our Constitution was drafted, and shows how Aboriginal peoples came to be excluded from the new political settlement. It explains what the 1967 referendum – in which over 90% of Australians voted to delete discriminatory references to Aboriginal people from the Constitution - achieved and why discriminatory racial references remain. With clarity and authority the book shows the symbolic and legal power of such a change and how we might get there. Concise and clear, it is written by two of the best-known experts in the country on matters legal, indigenous and constitutional. Recognise is essential reading on what should be a watershed occasion for our nation.
Author: Gabrielle Appleby
Publisher: Oxford University Press, USA
ISBN: 9780195525656
Category : Public law
Languages : en
Pages : 0
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Book Description
Introduces students to key principles, concepts, institutions in Australian Public Law, provides solid foundation for study of constitutional & administrative law. Explained through analysis of mechanisms of power & control, including discussions of functioning of institutions of government & contemporary issues. Authors at Uni of Adelaide.
Author: Darryl Cronin
Publisher: Rowman & Littlefield
ISBN: 1786611465
Category : Political Science
Languages : en
Pages : 281
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Book Description
The Australian nation has reached an impasse in Indigenous policy and practice and fresh strategies and perspectives are required. Trapped by History highlights a fundamental issue that the Australian nation must confront to develop a genuine relationship with Indigenous Australians. The existing relationship between Indigenous people and the Australian state was constructed on the myth of an empty land – terra nullius. Interactions with Indigenous people have been constrained by eighteenth-century assumptions and beliefs that Indigenous people did not have organised societies, had neither land ownership nor a recognisable form of sovereignty, and that they were ‘savage’ but could be ‘civilized’ through the erasure of their culture. These incorrect assumptions and beliefs are the foundation of the legal, constitutional and political treatment of Indigenous Australians over the course of the country’s history. They remain ingrained in governmental institutions, Indigenous policy making, judicial decision making and contemporary public attitudes about Indigenous people. Trapped by History shines new light upon historical and contemporary examples where Indigenous people have attempted to engage and dialogue with state and federal governments. These governments have responded by trying to suppress and discredit Indigenous rights, culture and identities and impose assimilationist policies. In doing so they have rejected or ignored Indigenous attempts at dialogue and partnership. Other settler countries such as New Zealand, Canada and the United States of America have all negotiated treaties with Indigenous people and have developed constitutional ways of engaging cross culturally. In Australia, the limited recognition that Indigenous people have achieved to date shows that the state is unable to resolve long standing issues with Indigenous people. Movement beyond the current colonial relationship with Indigenous Australians requires a genuine dialogue to not only examine the legal and intellectual framework that constrains Indigenous recognition but to create new foundations for a renewed relationship based on intercultural negotiation, mutual respect, sharing and mutual responsibility. This must involve building a shared understanding around addressing past injustices and creating a shared vision for how Indigenous people and other Australians will associate politically in the future.
Author: Australia. Law Reform Commission
Publisher: Australian Government Publishing Service
ISBN:
Category : Aboriginal Australians
Languages : en
Pages : 556
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Book Description
Detailed examination of the scope for recognition of customary laws through existing common law rules; human rights and problems of relativity of standards; contact experience; constitutional aspects; marriage and family structures; recognition of traditional marriage; protection and distribution of property; child custody, fostering and adoption; the criminal justice system; customary law offences; police investigation and interrogation; issues of evidence and procedure including unsworn statements, juries and interpreters; proof of customary law including scope of expert evidence; taking of evidence including group evidence, secrecy and privileged communications; customary methods of dispute settlement; special Aboriginal courts and justice schemes; relations with police; traditional hunting, fishing and gathering practices; relevant case law and legislation considered throughout.
Author: Dylan Lino
Publisher:
ISBN: 9781760021818
Category : Law
Languages : en
Pages : 0
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Book Description
Cover image: Clinton Nain, Crowned Target, 2006, acrylic and bitumen on canvas, 152 x 122 cmWhen Australians today debate how to achieve a just postcolonial relationship with the First Peoples of the continent, they typically do so using the language of 'constitutional recognition'. The idea of constitutional recognition has become the subject of community forums and nationwide inquiries, street protests and prime ministerial speeches. Dylan Lino's book provides the first comprehensive study of Indigenous constitutional recognition in Australia.Offering more than a legal analysis, Lino places the idea of constitutional recognition into a broader historical and theoretical perspective. After recounting the history of Australian debates on Indigenous recognition, the book presents an account that views constitutional recognition in terms of Indigenous peoples' struggles to have their identities respected within the settler constitutional order. When studied in this way, constitutional recognition emerges not as a postcolonial endpoint but as an ongoing process of renegotiating the basic Indigenous-settler political relationship.With First Peoples continuing to press for the recognition of their sovereignty and peoplehood, this book will be a definitive reference point for scholars, advocates, policy-makers and the interested public.Dr Dylan Lino, Constitutional Recognition of Australia's Indigenous People: Law, History and Politics (original title), was the winner of the Holt Prize 2017.AUSPUBLAW presents Book Forum on Dylan Lino's Constitutional Recognition: First Peoples and the Australian Settler State, 14 August 2019Dani Larkin provides first post. "Dylan has provided readers and legal professionals alike with a very useful and educational book that better informs current issues surrounding Indigenous constitutional recognition." Click here to readThe Hon Robert French AC provides the second post. "[The book] will inform ongoing debate about constitutional recognition to those who are seriously engaged in it. It also, and particularly, is a valuable addition to the scholarly literature on recognition for First Peoples in Australia." Click here to readDylan Lino replies to reflections from Dani Larkin and the Hon Robert French AC. "Putting a book out into the world is, among many other things, exhilarating and anxiety-inducing. The exhilaration and anxiety come from the prospect of having other people actually read it, especially people with such brilliant minds and careful eyes as Dani Larkin and Robert French. I'm honoured and humbled at the evident brilliance and care with which both Larkin and French have engaged with my book..." Click here to read
Author: George Williams
Publisher:
ISBN: 9780987135346
Category : Aboriginal Australians
Languages : en
Pages : 15
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Book Description
Author: Shireen Morris
Publisher: Bloomsbury Publishing
ISBN: 1509928944
Category : Law
Languages : en
Pages : 339
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Book Description
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.
