Contours and prospects for Indigenous recognition in the Australian Constitution and why it matters

Journal article


Brennan, Frank Tenison. (2016) Contours and prospects for Indigenous recognition in the Australian Constitution and why it matters. Australian Law Journal.
AuthorsBrennan, Frank Tenison
Abstract

The Australian Constitution does not mention Aboriginal and Torres Strait Islander peoples. Amendment of the Constitution is notoriously difficult to achieve. The 1967 referendum deleted the two adverse references to Aboriginal people. The 50th anniversary of that referendum provides an impetus for the Australian Parliament to consider a further referendum after the 2016 election. The 2012 Expert Panel recommended the insertion of a racial non-discrimination clause in the Constitution. Such a clause is unworkable and unachievable. Constitutional recognition of an Indigenous body advisory to Parliament has also been suggested. A legislative trial of such a body is warranted and should precede any attempt at constitutional entrenchment. The preamble of the Commonwealth of Australia Constitution Act should not be altered. A preamble for the Constitution should be considered only when it is severed from the Imperial Act. Now is the time to consider the insertion of an Acknowledgment of Aboriginal and Torres Strait Islander peoples, their history and aspirations at the commencement of the Constitution. The Commonwealth Parliament's s 51 power to make laws could then include the power to make laws with respect to the peoples and matters acknowledged.

Year2016
JournalAustralian Law Journal
Web address (URL)http://www.westlaw.com.au/maf/wlau/app/document?docguid=I9b291c5c426d11e6b8f3f870462e5362&tocDs=AUNZ_AU_JOURNALS_TOC&isTocNav=true&startChunk=1&endChunk=1
Research GroupThomas More Law School
EditorsA. Twomey
Permalink -

https://acuresearchbank.acu.edu.au/item/8v417/contours-and-prospects-for-indigenous-recognition-in-the-australian-constitution-and-why-it-matters

Restricted files

Publisher's version

  • 8
    total views
  • 0
    total downloads
  • 2
    views this month
  • 0
    downloads this month
These values are for the period from 19th October 2020, when this repository was created.

Export as

Related outputs

The Church's view on human rights
Brennan, Frank. (2017) The Church's view on human rights. In In M. Deeb and C. V. Freitas (Ed.). Dominicans and human rights: Past, present and future pp. 63 - 81 ATF Theology.
Human rights and the national interest: The case study of asylum, migration, and national border protection
Brennan, Frank Tenison. (2016) Human rights and the national interest: The case study of asylum, migration, and national border protection. Boston College International and Comparative Law Review.
The 1916 Rising: A View from Australia
Brennan, Frank Tenison. (2016) The 1916 Rising: A View from Australia. Studies: An Irish Quarterly Review.
Reflections on Laudato Si’
Brennan, Frank. (2015) Reflections on Laudato Si’. In Economic and ecotheological responses to Laudato Si' pp. 45 - 54 ATF Theology.
Church-state issues and the Royal Commission
Brennan, Frank. (2013) Church-state issues and the Royal Commission.
Religion, multiculturalism and legal pluralism
Brennan, Frank. (2011) Religion, multiculturalism and legal pluralism. In In N. Hosen and R. Mohr (Ed.). Law and religion in public life: the contemporary debate pp. 69 - 94 Routledge.
Involving civil society in constitutional reform: An overview of the Australian National Human Rights Consultation and the Proposed National Human Rights Framework
Brennan, Frank Tenison. (2011) Involving civil society in constitutional reform: An overview of the Australian National Human Rights Consultation and the Proposed National Human Rights Framework. In In C. Morris, J. Boston and P. Butler (Ed.). Reconstituting the Constitution pp. 267 - 287 Springer Verlag.
Human rights as a challenge to national policies that exclude refugees: two case studies from southeast Asia
Brennan, Frank Tenison. (2010) Human rights as a challenge to national policies that exclude refugees: two case studies from southeast Asia. In Driven from Home: Protecting the Rights of Forced Migrants pp. 97 - 114 Georgetown University Press.
Acting on conscience: How can we responsibly mix law, religion and politics?
Brennan, Frank Tenison. (2007) Acting on conscience: How can we responsibly mix law, religion and politics University of Queensland Press.
An Australian fence-sitter's reading of Huscroft's living tree concerns
Brennan, Frank. (2006) An Australian fence-sitter's reading of Huscroft's living tree concerns. University of Queensland Law Journal. 25(1), pp. 25 - 37.
An Australian Fence-Sitter's Reading of Huscroft's Living Tree Concerns
Brennan, Frank. (2006) An Australian Fence-Sitter's Reading of Huscroft's Living Tree Concerns. University of Queensland Law Journal. 25(1), pp. 25 - 37.
Tampering with asylum: A universal humanitarian problem
Brennan, Frank. (2003) Tampering with asylum: A universal humanitarian problem University of Queensland Press.