Constitutional Recognition of Indigenous Australians
LWB242 Constitutional Law
Research Assignment: Recognising Aboriginal and Torres Strait Islander Peoples within the Commonwealth Constitution
Tutor: John Pyke
(Wednesday 11:00 – 12:00)
Simon Sive
N6378498
Introduction
During the 2010 Federal election, both major political parties campaigned on indigenous affairs. Following the ALP’s victory, Prime Minister Gillard established an independent Expert Panel to “to investigate how to give effect to constitutional recognition of Aboriginal and Torres Strait Islander peoples.”
Two schools of thought have dominated the national conversation of how this should be achieved. One view is that an amendment to the preamble of the constitution will provide safe and symbolic recognition. The alternative view is that more substantive reform is required to secure equality before the law. On January 16 2012, the Panel presented the Prime Minister their report and proposed five amendments to the Commonwealth Constitution.
This paper will evaluate the five proposals and the reasons offered by the Panel. Each amendment will be analysed on its symbolic significance and potential legal ramifications. Finally this paper will conclude on how to best give Indigenous Australians recognition within the constitution.
Constitutional Recognition
For the panel, constitutional recognition of Indigenous Australians means removing provisions in the Constitution that contemplate racial discrimination. Whether intended or not, the five proposals address the broader issues of racial discrimination and equality before the law within the Commonwealth Constitution.
Repealing section 25
In its report, the Panel indicates that 97.5% of all submissions approve of repealing section 25. Section 25 reads:
For the purposes of the last section, if by the law of any State all persons of any race are disqualified from voting at elections for the more numerous House of the Parliament of the State, then, in reckoning the number of
Research Assignment: Recognising Aboriginal and Torres Strait Islander Peoples within the Commonwealth Constitution
Tutor: John Pyke
(Wednesday 11:00 – 12:00)
Simon Sive
N6378498
Introduction
During the 2010 Federal election, both major political parties campaigned on indigenous affairs. Following the ALP’s victory, Prime Minister Gillard established an independent Expert Panel to “to investigate how to give effect to constitutional recognition of Aboriginal and Torres Strait Islander peoples.”
Two schools of thought have dominated the national conversation of how this should be achieved. One view is that an amendment to the preamble of the constitution will provide safe and symbolic recognition. The alternative view is that more substantive reform is required to secure equality before the law. On January 16 2012, the Panel presented the Prime Minister their report and proposed five amendments to the Commonwealth Constitution.
This paper will evaluate the five proposals and the reasons offered by the Panel. Each amendment will be analysed on its symbolic significance and potential legal ramifications. Finally this paper will conclude on how to best give Indigenous Australians recognition within the constitution.
Constitutional Recognition
For the panel, constitutional recognition of Indigenous Australians means removing provisions in the Constitution that contemplate racial discrimination. Whether intended or not, the five proposals address the broader issues of racial discrimination and equality before the law within the Commonwealth Constitution.
Repealing section 25
In its report, the Panel indicates that 97.5% of all submissions approve of repealing section 25. Section 25 reads:
For the purposes of the last section, if by the law of any State all persons of any race are disqualified from voting at elections for the more numerous House of the Parliament of the State, then, in reckoning the number of