| Description |
1 online resource (xxiii, 298 pages) |
| Contents |
Intro -- Preface -- Contents -- About the Author -- Table of Cases -- 1 Terminology, Values and Identity -- 1.1 Introduction -- 1.2 A Question of Terminology -- 1.3 Factors Inhibiting Constitutional Reform in Australia -- 1.4 A New Terminology -- 1.5 Differential Treatment of Indigenous People -- 1.6 Absence of Debate on Constitutional Theory in Australia -- 1.7 A Theoretical Basis for the Constitution -- 1.8 Rawls' Theory of Justice as a Fundamental Constitutional Value -- 1.9 Rawls' Theory and Communal Rights -- 1.10 Indigenous Value-Systems |
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1.11 Realisation of the United Nations Declaration on the Rights of Indigenous Peoples -- 1.12 Who is Indigenous? -- 1.12.1 The Question of Identity -- 1.12.2 Evolution of the Legal Definition -- 1.12.3 The Three-Part Test in the Courts -- 1.13 A Critique of the Three-Part Test -- 1.13.1 Conflation of the Elements -- 1.13.2 Descent -- 1.13.3 Identification -- 1.13.4 Acceptance -- 1.13.5 A New Test -- 1.13.6 The New Test and the UNDRIP -- References -- 2 How We Got Here-The Reform Debate From 2010 to 2015 -- 2.1 Introduction -- 2.2 Previous Reform Proposals |
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2.3 The Expert Panel on Constitutional Recognition of Indigenous Australians -- 2.3.1 The Establishment of the Expert Panel -- 2.3.2 A Preamble -- 2.3.3 Provisions in the Constitution Which Mention Race-Sects. 25 and 51(xxvi) -- 2.3.4 A Right not to Be Discriminated Against on Grounds of Race -- 2.3.5 Indigenous Peoples and the Institutions of Government -- 2.3.6 Agreement-Making -- 2.3.7 Sovereignty -- 2.3.8 Recommendations on Processes -- 2.3.9 The Government's Response to the Report of the Expert Panel |
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2.4 The Joint Select Committee on Recognition of Aboriginal and Torres Strait Islander Peoples -- 2.4.1 General Recommendations -- 2.4.2 A New Legislative Power to Replace s 51(xxvi) -- 2.4.3 A Right not to Be Subject to Racial Discrimination -- 2.4.4 An Indigenous Advisory Body -- 2.4.5 Scrutiny by the Parliamentary Human Rights Committee -- 2.4.6 Sovereignty and Treaty Aspirations -- 2.4.7 A Constitutional Convention or a Parliamentary Process? -- 2.4.8 Evaluation -- 2.4.9 Reaction to the Report -- 2.5 Conclusion -- References -- 3 Sovereignty and the Impact of Colonisation |
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3.1 Sovereignty and the Political Debate -- 3.2 Sovereignty as a Legal Concept -- 3.2.1 International Law -- 3.2.2 Domestic Law -- 3.3 Early Cases on the Effects of Colonisation -- 3.4 Cases After Cooper v Stewart -- 3.5 Mabo (No 2) v Queensland -- 3.6 Cases After Mabo v Queensland (No 2) -- 3.7 The Position in Other Jurisdictions -- 3.7.1 United States of America -- 3.7.2 New Zealand -- 3.8 Implications of Mabo v Queensland (No 2) for the Current Sovereignty Debate -- 3.9 Self-determination Within the Framework of Crown Sovereignty -- References -- 4 Treaty-Making and Its Limitations |
| Summary |
This book examines whether Australia's constitution should be reformed so as to enable the country to fulfil its obligations under the United Nations Declaration on the Rights of Indigenous Peoples, which it ratified in 2009. The book surveys the history of the constitutional status of Australia's Indigenous peoples from the time of colonisation through to the current debate on "indigenous constitutional recognition." However, it argues that the term "indigenous constitutional recognition", implying that mere acknowledgement of the existence of Indigenous peoples is sufficient to meet their legitimate expectations, misrepresents the nature of the project the country needs to engage in. The book argues that Australia should instead embark upon a reform programme directed towards substantive, and not merely symbolic, constitutional change. It argues that only by the inclusion in the constitution of enforceable constitutional rights can the power imbalance between Indigenous Australians and the rest of society be addressed. Taking a comparative approach and drawing upon the experience of other jurisdictions, the book proposes a comprehensive constitutional reform programme, and includes the text of constitutional amendments designed to achieve the realisation of the rights of Australia's Indigenous peoples. It ends with a call to improve the standard of civics education so as to overcome voter apprehension towards constitutional change. |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Description based on online resource; title from digital title page (viewed on December 07, 2023) |
| Subject |
Indigenous peoples -- Civil rights -- Australia
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Constitutional law -- Australia
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Constitutional law.
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Indigenous peoples -- Civil rights.
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Australia.
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| Form |
Electronic book
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| ISBN |
9819971217 |
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9789819971213 |
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