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Constitutional Recognition

Constitutional Recognition
Author: Dylan Lino
Publisher:
Total Pages: 0
Release: 2018
Genre: Law
ISBN: 9781760021818

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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


The Rule of Recognition and the U.S. Constitution

The Rule of Recognition and the U.S. Constitution
Author: Matthew Adler
Publisher: Oxford University Press
Total Pages: 412
Release: 2009-07-30
Genre: Language Arts & Disciplines
ISBN: 0195343298

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A volume of original essays that discusses the applicability of H. L. A. Hart's rule of recognition model of a legal system to U. S. Constitutional law as discussed in his book "The concept of law".


It's Our Country

It's Our Country
Author: Megan Davis
Publisher: Melbourne Univ. Publishing
Total Pages: 236
Release: 2016-05-02
Genre: Philosophy
ISBN: 0522869947

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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.


From Recognition to Reconciliation

From Recognition to Reconciliation
Author: Patrick Macklem
Publisher: University of Toronto Press
Total Pages: 535
Release: 2016-01-01
Genre: Law
ISBN: 1442628855

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In From Recognition to Reconciliation, twenty leading scholars reflect on the continuing transformation of the constitutional relationship between Indigenous peoples and the Canadian state.


Constitutional Recognition of First Peoples in Australia

Constitutional Recognition of First Peoples in Australia
Author: Simon Young
Publisher:
Total Pages: 280
Release: 2016
Genre: Aboriginal Australians
ISBN: 9781760020781

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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.


A First Nations Voice in the Australian Constitution

A First Nations Voice in the Australian Constitution
Author: Shireen Morris
Publisher: Bloomsbury Publishing
Total Pages: 256
Release: 2020-08-06
Genre: Law
ISBN: 1509928944

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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.


Indigenous Constitutional Recognition, Non-discrimination and Equality Before the Law

Indigenous Constitutional Recognition, Non-discrimination and Equality Before the Law
Author: Shireen Morris
Publisher:
Total Pages:
Release: 2011
Genre:
ISBN:

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Discusses issues related to constitutional reform: recognition of existence; removal of structural barriers; the race power Section 51 (xxvi); what is the relevance of 'race'?; entrenching dependency; obligations under international law; current discrimination; proposed reforms to the Constitution; special measures.


Sharing the Sovereign: Indigenous Peoples, Recognition, Treaties and the State

Sharing the Sovereign: Indigenous Peoples, Recognition, Treaties and the State
Author: Dominic O'Sullivan
Publisher: Springer Nature
Total Pages: 220
Release: 2020-12-21
Genre: Political Science
ISBN: 9813341726

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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.


Australian Public Law

Australian Public Law
Author: Gabrielle Appleby
Publisher: Oxford University Press, USA
Total Pages: 0
Release: 2014
Genre: Public law
ISBN: 9780195525656

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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.


A Rightful Place

A Rightful Place
Author: Noel Pearson
Publisher: Black Inc.
Total Pages: 184
Release: 2017-08-03
Genre: Social Science
ISBN: 1925435504

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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.