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Constitutionalism of Australian First Nations

Constitutionalism of Australian First Nations
Author: Maria Salvatrice Randazzo
Publisher: Taylor & Francis
Total Pages: 273
Release: 2022-07-29
Genre: History
ISBN: 1000609901

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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.


A First Nations Voice in the Australian Constitution

A First Nations Voice in the Australian Constitution
Author: Shireen Morris
Publisher: Bloomsbury Publishing
Total Pages: 222
Release: 2020-08-06
Genre: Law
ISBN: 1509928936

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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.


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.


Shaping Nations

Shaping Nations
Author: Linda Cardinal
Publisher: University of Ottawa Press
Total Pages: 347
Release: 2002-03-01
Genre: Political Science
ISBN: 0776616900

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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.


A National Conversation about Aboriginal and Torres Strait Islander Constitutional Recognition

A National Conversation about Aboriginal and Torres Strait Islander Constitutional Recognition
Author:
Publisher:
Total Pages: 28
Release: 2011
Genre: Constitutional law
ISBN:

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"... 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.


Everything you Need to Know About the Referendum to Recognise Indigenous Australians

Everything you Need to Know About the Referendum to Recognise Indigenous Australians
Author: Megan Davis
Publisher: NewSouth
Total Pages: 152
Release: 2015-02-01
Genre: Political Science
ISBN: 1742241948

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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.


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 New Constitution for Australia

A New Constitution for Australia
Author: Bede Harris
Publisher: Routledge
Total Pages: 449
Release: 2013-03-04
Genre: Law
ISBN: 1135315922

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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.


Unfinished Constitutional Business?

Unfinished Constitutional Business?
Author: Australian Institute of Aboriginal and Torres Strait Islander Studies
Publisher: Aboriginal Studies Press
Total Pages: 321
Release: 2005
Genre: Law
ISBN: 0855754664

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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.