July/August 2011 Volume 7 Issue 25
Editorial
Since the Federals Government's appointment of an Expert Panel to consult with Australians on the proposal to recognise Indigenous Australians in the Australian Constitution, the question has been: what kind of recognition? In particular, many people have questioned what the proposed Constitutional change will mean for improving the relationship between Australia’s First Peoples and the nation; will the change just be symbolic or something more substantive ? Consequently, the Indigenous Law Centre (‘ILC’) has devoted this Special Edition to exploring these very questions.
In this Special Edition, we open with an article by the President of the Law Council of Australia, Alexander Ward. The article explores the advantages and disadvantages of some of the proposed changes to the Constitution.
Megan Davis shares her views about the importance of the recognition of Aboriginal and Torres Strait Islander people in the Constitution.
Melissa Castan writes an informative piece focused on the Constitution's deficiencies and problems with the races power (s 51(xxvi)), and the need to replace it with a clear federal power to make laws for the benefit of Aboriginal and Torres Strait Islander peoples
George Williams takes us through a discussion of process in a paper appropriately entitled How to win the referendum to recognise Indigenous peoples in the Australian Constitution. Complimentary to this piece is an article written by Paul Kildea which focuses on Achieving Citizen Engagement in the Referendum on Indigenous Recognition.
AJ Brown and Ron Levy explore the option of recognising Indigenous people in the constitution in conjunction with local government in an informative piece entitled A tale of two questions? Argument for coordinated constitutional reform in Australia.
The National Congress of Australia’s First People’s Co-Chair Jody Broun shares the views of Congress Members and Delegates whilst outlining the role that Congress will play in the constitutional reform process.
Kristyn Glanville reflects on the ILC’s Constitutional Open Forum held at the University of New South Wales. Participants included Professor Megan Davis, Mick Gooda, Professor George Williams, Les Malezer and Paul Kildea.
We hope you enjoy this edition and the free poster timeline of Australian constitutional developments and welcome any feedback you may have.
April Long
Editor
CONTENTS
At the risk of Rights: Does True Recognition Require Substantive Reform? by Alexander Ward
Constitutional Reform and Aboriginal and Torres Strait Islander People: Why do we want it now? by Megan Davis
Constitutional Deficiencies in the Protection of Indigenous Rights: Reforming the 'Races Power' by Melissa Castan
How to win the referendum to recognise Indigenous peoples in the Australian Constitution by George Williams
Recognising Indigenous Peoples in the Preamble: Implications, Issues and Interpretation by Anne Winckel
Achieving Citizen Engagement in the Referendum on Indigenous Recognition by Paul Kildea
A tale of two questions? An evidence based argument for coordinated constitutional reform in Australia by AJ Brown and Ron Levy
Shaping Change: the National Congress of Australia’s First Peoples explores the path towards Constitutional Reform by Jody Broun
Recognition of Indigenous People in the Constitution: What will it take to bring about change? Indigenous Law Centre (ILC) Open Forum by Kristyn Glanville
Indigenous Constitutional Recognition Vox Populi: Voice of the people by Daniel Threlfall
Archives of the ILB from Volume 1, Issue 1 (1981) to 6 (27) 2007 are available online at http://www.austlii.edu.au/au/journals/AboriginalLB and http://www.austlii.edu.au/au/journals/ILB/.
