Download or read book Constitutional Recognition written by Dylan Lino and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
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 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 256 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 Sharing the Sovereign Indigenous Peoples Recognition Treaties and the State written by Dominic O'Sullivan and published by Springer Nature. This book was released on 2020-12-21 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains how recognition theory contributes to non-colonial and enduring political relationships between Indigenous nations and the state. It refers to Indigenous Australian arguments for a Voice to Parliament and treaties to show what recognition may mean for practical politics and policy-making. It considers critiques of recognition theory by Canadian First Nations’ scholars who make strong arguments for its assimilationist effect, but shows that ultimately, recognition is a theory and practice of transformative potential, requiring fundamentally different ways of thinking about citizenship and sovereignty. This book draws extensively on New Zealand’s Treaty of Waitangi and measures to support Maori political participation, to show what treaties and a Voice to Parliament could mean in practical terms. It responds to liberal democratic objections to show how institutionalised means of indigenous participation may, in fact, make democracy work better.
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 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 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 Australian Public Law written by Gabrielle Appleby and published by Oxford University Press, USA. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution written by and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "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."
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 The Break Up of Australia written by Keith Windschuttle and published by . This book was released on 2016-10-01 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Achieving Social Justice written by Larissa Behrendt and published by Federation Press. This book was released on 2003 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new work argues that a broad Indigenous rights framework is crucial to achieving positive change in the socio-economic disadvantage into which Indigenous Australians are born. It explains why addressing problems in Indigenous communities at a practical level needs to be done in conjunction with rights protection.
Download or read book A Rightful Place written by Noel Pearson and published by Black Inc.. This book was released on 2017-08-03 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: The nation has unfinished business. After more than two centuries, can a rightful place be found for Australia’s original peoples? Soon we will all decide if and how Indigenous Australians will be recognised in the Constitution. In this essential book, several leading writers and thinkers provide a road map to recognition. Starting with the Uluru Statement from the Heart, these eloquent essays show what constitutional recognition means, and what it could make possible: a political voice, a fairer relationship and a renewed appreciation of an ancient culture. With remarkable clarity and power, they traverse law, history and culture to map the path to change. The contributors to A Rightful Place are Noel Pearson, Megan Davis, Stan Grant, Rod Little and Jackie Huggins, Damien Freeman and Nolan Hunter, Warren Mundine, and Shireen Morris. The book includes a foreword by Galarrwuy Yunupingu. A Rightful Place is edited by Shireen Morris, a lawyer and constitutional reform fellow at the Cape York Institute and researcher at Monash University.
Download or read book A Rightful Relationship written by Amy Preston-Samson and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Australia is struggling to forge a new relationship between Aboriginal and Torres Strait Islander peoples, non-Indigenous Australians and Australian governments based on mutual understanding, recognition and respect. Constitutional recognition is currently being considered as a step towards such a relationship. Reaching agreement on how to institutionalize such recognition is proving difficult. The greatest disagreement is over whether or not legislative power in relation to Aboriginal and Torres Strait Islander peoples should be limited, for instance, by an express prohibition on discrimination or by a requirement that the laws be beneficial. However, this focus on whether or not legislative power should be expressly limited fails to acknowledge that the majoritarian nature of our current parliamentary model suffers from a democratic legitimacy problem. That is, it does not give Aboriginal and Torres Strait Islander peoples an adequate say over laws and measures that affect their rights and interests. This thesis argues that: first, a deliberative democratic, rather than liberal/nationalist accommodationist, approach addresses this legitimacy problem in a way that eases the tension between majoritarian democracy and rights entrenchment; and second, democratic experimentalism offers a promising framework for institutionalizing such a deliberative approach. Rather than focusing on Parliament or the courts, it focuses on the public sphere acting through legally empowered deliberative forums to solve problems in a way that is constitutive of a new relationship characterized by mutual understanding, recognition and respect." --
Download or read book People Power written by George Williams and published by UNSW Press. This book was released on 2010 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Closely examines Australia's referendum record, and explains why success has been so rare. It includes interviews with leading proponents for constitutional change, alongside political cartoons, advertising and brochures from key referendum campaigns.
Download or read book Upholding the Big Ideas written by and published by . This book was released on 2018 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Statement from the Heart was made at Uluru on 26 May 2017. It called for a First Nations' Voice to Parliament and a Makarrata Commission. The Referendum Council's final report was delivered to the Prime Minister and Leader of the Opposition on 30 June 2017. It recommended amending the Australian Constitution to make provision for a First Nations' Voice to Parliament and adopting a Declaration of Recognition outside the Constitution. Neither the Statement nor the final report provided comprehensive details about implementing their proposals. Over the last twelve months, Uphold & Recognise has worked with the PM Glynn Institute at Australian Catholic University to provide the detail for how the big ideas discussed at Uluru and in the Referendum Council's final report might be realised. They have been guided by a strategic committee comprising Professor Megan Davis, Sean Gordon, and Noel Pearson. The result of their work is a set of options for how each of these proposals might be implemented. Two options are suggested for hearing Indigenous voices, for makarrata, and for adopting a declaration. It is intended that these options might form the basis for further consultation with Australia's Indigenous peoples and in turn inform Australia's parliamentarians of constitutionally conservative options for realising Indigenous aspirations.
Download or read book No Small Change written by Frank Brennan and published by University of Queensland Press. This book was released on 2015-05-01 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1967, Australians voted overwhelmingly in favor of removing from the Constitution two references that discriminated against Aboriginal and Torres Strait Islander people. Though these seemed like small amendments, they were an impetus for real change: from terra nullius to land rights, and from assimilation to self-determination. Nearly 50 years later, there is a groundswell of support for our Indigenous heritage to be formally recognized in the Constitution. With the prospect of a new referendum in the near future, Frank Brennan considers how far Australians have come—and yet how much work lies ahead. He looks through the prism of history to examine what we can learn from our successes and failures since 1967, from the efforts of the Council of Aboriginal Affairs to the Gove land rights case and the Aboriginal Tent Embassy. He also assesses the way forward: how the upcoming referendum might provide fresh momentum for governments and Indigenous Australians to negotiate better outcomes. Written by one of the most respected commentators on legal and human rights issues, this book makes a vital contribution to the understanding of Indigenous affairs. It will generate crucial debate on how Australians should acknowledge the history that for too long has gone unrecognized