Constitutional recognition of Australia's first peoples : theories and comparative perspectives / edited by Simon Young, Jennifer Nielsen, Jeremy Patrick.

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Publication details:
Annandale, N.S.W. : The Federation Press, 2016.
Record id:
87248
Subject:
Constitutional law -- Australia.
Aboriginal Australians -- Legal status, laws, etc.
Torres Strait Islanders -- Legal status, laws, etc.
Aboriginal Australians -- Government relations.
Torres Strait Islanders -- Government relations.
Contents:
Breaking the Silence: The Importance of Constitutional Change
Recognition, Referendums and Relationships: Indigenous Worldviews, Constitutional Change, and the 'Spirit' of 1967
Reforming the Australian Constitution: An Overview of Recognition Proposals
'Political Timetables Trump Workable Timetables': Indigenous Constitutional Recognition and the Temptation of Symbolism over Substance
Constitutional Amendment and the Issue of Trust
Is Australia Ready to Constitutionally Recognise Indigenous Peoples as Equals?
The Race Power, Federalism and the Value of Subsidiarity for Indigenous Peoples
A Survey of Arguments against the Constitutional Recognition of Indigenous Australian Peoples
Constitution as Dialogue: Legal Pluralism and the American Experience
Rights-based 'Recognition': The Canadian Experience
Beyond Recognition: Promoting Indigenous Peoples and their Laws in the South Pacific
Indigenous Australians and Constitutional Reform: Learning from a Very British Experience
Constitutional Recognition of Indigenous Peoples in New Zealand and Ecuador
Appendix.
Summary:
"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 11 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." -- Publisher's website.
Note:
Includes index.
ISBN:
9781760020781
Phys. description:
xxiv, 280 pages ; 24 cm