Download or read book Constitutionalism of Australian First Nations written by Maria Salvatrice Randazzo and published by Taylor & Francis. This book was released on 2022-07-29 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book considers Australian First Nations constitutionalism by drawing on the chthonic constitutional traditions of three distinct Australian First Nations legal orders: the Warlpiri, Yolngu, and Pintupi legal orders, in the endeavour of identifying, via a comparative analysis, a core of similarities to be drawn upon and articulate an emergent legal theory common to the three legal orders. The comparative analysis is undertaken at the most foundational levels of their legal traditions, via the prism of a legal paradigm elaborated with reference to an Australian Indigenous cosmological, ontological, and epistemological standpoint. The proposed legal theory comprises a broad overview, general concepts, normative principles, and general working principles. In so doing, the book expounds how Australian First Nations constitutionalism unfolds into holistic orders of spiritual, political, and legal authority that are explainable in terms of legal theory. At the most foundational level, such elaboration may help delineate normative and legal constitutional patterns throughout Indigenous Australia.

Download or read book A First Nations Voice in the Australian Constitution written by Shireen Morris and published by Bloomsbury Publishing. This book was released on 2020-08-06 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book It s Our Country written by Megan Davis and published by Melbourne Univ. Publishing. This book was released on 2016-05-02 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of constitutional recognition of Indigenous Australians has become a highly political and contentious issue. It is entangled in institutional processes that rarely allow the diversity of Indigenous opinion to be expressed. With a referendum on the agenda, it is now urgent that Indigenous people have a direct say in the form of recognition that constitutional change might achieve. It's Our Country: Indigenous Arguments for Meaningful Constitutional Recognition and Reform is a collection of essays by Aboriginal and Torres Strait Islander thinkers and leaders including Patrick Dodson, Noel Pearson, Dawn Casey, Nyunggai Warren Mundine and Mick Mansell. Each essay explores what recognition and constitutional reform might achieve—or not achieve—for Indigenous people.

Download or read book Shaping Nations written by Linda Cardinal and published by University of Ottawa Press. This book was released on 2002-03-01 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: As questions concerning nationhood and national identity continue to preoccupy both Canada and Australia, Shaping Nations brings together the work of Australian and Canadian scholars around five core themes: constitutionalism, colonialism, republicanism, national identity, and governance.

Download or read book A National Conversation about Aboriginal and Torres Strait Islander Constitutional Recognition written by and published by . This book was released on 2011 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: "... Despite progress in the understanding and respect between Aboriginal and Torres Strait Islander peoples and other Australians, the unique contribution of Indigenous Australians to our national life is not reflected in the nation's founding document, the Australian Constitution ... In December 2010 Prime Minister Julia Gillard appointed an Expert Panel on Constitutional Recognition of Indigenous Australians to lead a national conversation about making the recognition of Indigenous Australians in the Constitution a reality. This paper has been written to encourage all Australians to express their views on how to acknowledge Aboriginal and Torres Strait Islander peoples in the Constitution. In the coming months the Australian people will be consulted on a range of ideas for recognising Indigenous peoples in the Constitution ... This paper aims to provide a starting point for this national conversation. It discusses the importance of constitutional recognition of Aboriginal and Torres Strait Islander peoples, provides general information on Australia's Constitution and the process of constitutional reform, and poses some questions designed to promote public discussion." -- P. 5.

Download or read book Constitutional Recognition of First Peoples in Australia written by Simon Young and published by . This book was released on 2016 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Everything you Need to Know About the Referendum to Recognise Indigenous Australians written by Megan Davis and published by NewSouth. This book was released on 2015-02-01 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Recognising Indigenous Peoples in the Australian Constitution written by George Williams and published by . This book was released on 2011 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Unfinished Constitutional Business written by Australian Institute of Aboriginal and Torres Strait Islander Studies and published by Aboriginal Studies Press. This book was released on 2005 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative approach to the Indigeneity and the experience of colonisation. From Australia to the Solomons, to the USA to Canada, the experience of colonisation in those colonies involved either the introduction of a common law system or an introduced civil law system.

Download or read book Indigenous Aspirations and Structural Reform in Australia written by Harry Hobbs and published by Bloomsbury Publishing. This book was released on 2021-01-28 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can the Australian state be restructured to empower Aboriginal and Torres Strait Islander peoples and ensure that their distinct voices are heard in the processes of government? This book provides an answer to that question for Australia and provides guidance for all states that claim jurisdiction and authority over the traditional lands of Indigenous peoples. By engaging directly with Indigenous peoples' nuanced and complex aspirations, this book presents a viable model for structural reform. It does so by adopting a distinctive and innovative approach: drawing on Indigenous scholarship globally it presents a coherent and compelling account of Indigenous peoples' political aspirations through the concept of sovereignty. It then articulates those themes into a set of criteria legible to Australia's system of governance. This original perspective produces a culturally informed metric to assess institutional mechanisms and processes designed to empower Indigenous peoples. Reflecting the Uluru Statement from the Heart's call for a First Nations Voice, the book applies the criteria to one specific institutional mechanism – Indigenous representative bodies. It analyses in detail the Aboriginal and Torres Strait Islander Commission and the Swedish Sámi Parliament, a representative body for the Indigenous people of Sweden. In examining the Sámi Parliament the book draws on a rich source of primary and secondary untranslated Swedish-language sources, resulting in the most comprehensive English language exploration of this unique institution. Highlighting the opportunities and challenges of Indigenous representative bodies, the book concludes by presenting a novel and informed model for structural reform in Australia that meets Indigenous aspirations.

Download or read book Blackshield and Williams Australian Constitutional Law and Theory written by Anthony Blackshield and published by . This book was released on 2010 with total page 1482 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fifth edition of Australian Constitutional Law and Theory: Commentary and Materials has been thoroughly rewritten. Each chapter has thoroughly reviewed by both authors, with fresh choices made for extracts to bring the book up to date for new materials and scholarshy;ship. The commentary has also been rewritten to provide clearer explanation of concepts and case outcomes. Major new developments have been included by cutting back existing material to focus in more tightly on the key constitutional issues.Also available is the new Abridged edition, click here for details.Major cases added since the last edition include: Attorney-General (Cth) v Alinta Ltd; Bennett v Commonwealth; Betfair Pty Ltd v Western Australia; Clarke v Commissioner of Taxation; Forge v Australian Securities and Investments Commission; Gypsy Jokers Motorcycle Club Inc v Commissioner of Police; K-Generation Pty Ltd v Liquor Licensing Court; Lane v Morrison; Pape v Commissioner of Taxation; R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2); Roach v Electoral Commissioner; Sweedman v Transport Accident Commission; Telstra Corporation Ltd v Commonwealth; Thomas v Mowbray; White v Director of Military Prosecutions; the Work Choices Case; Wurridjal v Commonwealth and XYZ v Commonwealth.As this list indicates, the fifth edition includes the groundbreaking 2009 decision in Pape, as well as the other key decisions of this year such as Clarke, K-Generation, Lane and Wurridjal.Significant changes in this new edition include:A rewritten first chapter to provide a more accessible introduction to the subjectA rewritten and restructured chapter on characterisation to make this difficult area more accessible and to produce a more logical flow of concepts and materialThe separation out of the material on the trade and commerce power into a new chapter on the economic powersMajor changes in the chapter on Indigenous peoples, such as to reflect the United Nations Declaration on the Rights of Indigenous Peoples and the Apology to Australia's Indigenous PeoplesChanges to reflect legislative amendment in areas like citizenship lawRewritten material on federalism, especially in regard to fiscal federalism due to the Intergovernmental Agreement on Federal Financial Relations in force from 1 January 2009New material on the defence power as it relates to terrorism and national securityNew material on the executive, such as in regard to the Crown and the nationhood powerThe division of the material on the separation of judicial power into three chapters (titled: Separation of Judicial Power; Judicial and Non-Judicial Detention and The Judicial Process)Revision of the material on human rights, such as to reflect the national charter of rights debate and the enactment of the Victorian Charter of Human Rights and Responsibilities

Download or read book A New Constitution for Australia written by Bede Harris and published by Routledge. This book was released on 2013-03-04 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2002. The last hundred years have seen many social changes in Australia. The many shortcomings in Australias Constitution have been exposed,leading to the current debate on an Australian republic.

Download or read book Indigenous Peoples and Constitutional Reform in Australia written by Bede Harris and published by Springer Nature. This book was released on 2023-12-01 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: ​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.

Download or read book The Australian Constitution and National Identity written by Anna Olijnyk and published by ANU Press. This book was released on 2023-05-11 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does Australia’s Constitution say about national identity? A conventional answer might be ‘not much’. Yet recent constitutional controversies raise issues about the recognition of First Peoples, the place of migrants and dual citizens, the right to free speech, the nature of our democracy, and our continuing connection to the British monarchy. These are constitutional questions, but they are also questions about who we are as a nation. This edited collection brings together legal, historical, and political science scholarship. These diverse perspectives reveal a wealth of connections between the Australian Constitution and Australia’s national identity.

Download or read book Peacebuilding and the Rights of Indigenous Peoples written by Heather Devere and published by Springer. This book was released on 2016-10-25 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses efforts to advance the rights of Indigenous People within peace-building frameworks: Section I critically explores key issues concerning Indigenous Peoples’ Rights (struggles for land, human, cultural, civil, legal and constitutional rights) in connection with key approaches in peace-building (such as nonviolence, non-violent strategic action, peace education, sustainability, gender equality, cultures of peace, and environmental protection). Section II examines indigenous leaders and movements using peace and non-violent strategies, while Section III presents case studies on the successes and failures of peace perspectives regarding contributions to/ developments in/ advancement of/ barriers to the rights of Indigenous Peoples. Lastly, Section IV investigates what advances have been achieved in Universal Indigenous Peoples’ Rights in the 21st century within the context of sustainable peace.

Download or read book The 1967 Referendum written by Bain Attwood and published by Aboriginal Studies Press. This book was released on 2007 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Trapped by History written by Darryl Cronin and published by Rowman & Littlefield. This book was released on 2021-04-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.