'Revisiting the Australian Constitution: Reform and Recognition of Aboriginal and Torres Strait Islander Peoples'
Paper
Jones, N.. "'Revisiting the Australian Constitution: Reform and Recognition of Aboriginal and Torres Strait Islander Peoples' ." USQ & SCU Schools of Law and Justice: 'Indigenous Australians and the Constitution Colloquium 2015'. USQ (Toowoomba Campus) 17 - 18 Feb 2015
| Paper/Presentation Title | 'Revisiting the Australian Constitution: Reform and Recognition of Aboriginal and Torres Strait Islander Peoples' |
|---|---|
| Presentation Type | Paper |
| Authors | Jones, N. |
| Conference/Event | USQ & SCU Schools of Law and Justice: 'Indigenous Australians and the Constitution Colloquium 2015' |
| Event Details | USQ & SCU Schools of Law and Justice: 'Indigenous Australians and the Constitution Colloquium 2015' Delivery In person Event Date 17 to end of 18 Feb 2015 Event Location USQ (Toowoomba Campus) Event Venue School of Law and Justice Event Description In 2013, the Federal Parliament created a special Joint Select Committee to investigate whether Aboriginal and Torres Strait Islander peoples should be recognised in the Australian Constitution and, if so, what form that recognition should take. The Committee released its first interim report in July 2014 and a draft bill and final report are expected by June 2015. The USQ/SCU Colloquium on Indigenous Australians and the Constitution will be a forum for scholarly analysis of this issue in both its narrow and broad contexts. |
| Abstract | Abstract: Revisiting the Australian Constitution: Reform and Recognition of Aboriginal and Torres Strait Islander Peoples Many steps have been taken along the path towards reform of Australia’s Constitution to recognise Aboriginal and Torres Strait Islander peoples, notably the successful 1967 referendum and the unsuccessful attempt in 1999 to insert a constitutional preamble. In view of the different milestones, what does the current debate over constitutional recognition of Aboriginal and Torres Strait Islander peoples seek to achieve? This paper considers proposals which have been put forward in recent years by Commonwealth and State parliamentary committees and by Indigenous community leaders. The paper also discusses the substance of the Aboriginal and Torres Strait Islander Peoples Recognition Act 2013 (Cth), especially ‘recognition’ as set out in s 3 and the support from the ‘Australian public’ and ‘Australian people’ which is canvassed in s 4. In the context of the current debate over constitutional reform, the paper considers what the proposed amendments will do, what ‘recognition’ means and what might be the purpose of an ‘act of recognition’. The paper also discusses some of the steps to recognise Indigenous peoples which have been taken in countries such as New Zealand and Canada. |
| Keywords | Aboriginal peoples, Torres Strait Islander peoples, Indigenous, constitutional recognition, constitutional reform |
| ANZSRC Field of Research 2020 | 480702. Constitutional law |
| Byline Affiliations | School of Law and Justice |
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https://research.usq.edu.au/item/1001z5/-revisiting-the-australian-constitution-reform-and-recognition-of-aboriginal-and-torres-strait-islander-peoples
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