Constitutional Recognition Of First Peoples In Australia
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Constitutional Recognition Of First Peoples In Australia
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Author : Simon Young
language : en
Publisher:
Release Date : 2016
Constitutional Recognition Of First Peoples In Australia written by Simon Young and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Aboriginal Australians categories.
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.
Constitutional Recognition
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Author : Dylan Lino
language : en
Publisher:
Release Date : 2018
Constitutional Recognition written by Dylan Lino and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
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
A First Nations Voice In The Australian Constitution
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Author : Shireen Morris
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-08-06
A First Nations Voice In The Australian Constitution written by Shireen Morris and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-06 with Law categories.
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.
Recognising Aboriginal And Torres Strait Islander Peoples In The Constitution
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Author :
language : en
Publisher:
Release Date : 2012
Recognising Aboriginal And Torres Strait Islander Peoples In The Constitution written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Constitutional history categories.
"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."
Sharing The Sovereign Indigenous Peoples Recognition Treaties And The State
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Author : Dominic O'Sullivan
language : en
Publisher: Springer Nature
Release Date : 2020-12-21
Sharing The Sovereign Indigenous Peoples Recognition Treaties And The State written by Dominic O'Sullivan and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-21 with Political Science categories.
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.
A Rightful Relationship
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Author : Amy Preston-Samson
language : en
Publisher:
Release Date : 2017
A Rightful Relationship written by Amy Preston-Samson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
"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." --
Upholding The Big Ideas
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Author :
language : en
Publisher:
Release Date : 2018
Upholding The Big Ideas written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Aboriginal Australians categories.
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.
Interim Report
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Author : Australia. Parliament. Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples
language : en
Publisher:
Release Date : 2014
Interim Report written by Australia. Parliament. Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Aboriginal Australians categories.
Australian Public Law
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Author : Gabrielle Appleby
language : en
Publisher: Oxford University Press, USA
Release Date : 2014
Australian Public Law written by Gabrielle Appleby and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Public law categories.
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.
No Small Change
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Author : Frank Brennan
language : en
Publisher: University of Queensland Press
Release Date : 2015-05-01
No Small Change written by Frank Brennan and has been published by University of Queensland Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-01 with Social Science categories.
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