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Why it's time to recognise Indigenous peoples in the Constitution
1Anthony Mason Professor, Scientia Professor and Foundation Director, Gilbert + Tobin Centre of Public Law, Faculty of Law, University of New South Wales, Sydney, NSW, Australia george.williams@unsw.edu.au.
The Australian Constitution requires changes to recognize Aboriginal and Torres Strait Islander peoples. Amending the Constitution is necessary to address the ongoing discrimination faced by Indigenous Australians.
Area of Science:
- Constitutional Law
- Indigenous Studies
- Public Policy
Background:
- The Australian Constitution currently lacks explicit recognition of Aboriginal and Torres Strait Islander peoples.
- Existing constitutional provisions may inadvertently permit discriminatory practices against Indigenous Australians.
Purpose of the Study:
- To outline the rationale for amending the Australian Constitution to include recognition of Indigenous peoples.
- To identify specific constitutional alterations required for this recognition.
Main Methods:
- Analysis of the Australian Constitution's current text and historical context.
- Review of proposed amendments and their legal implications.
- Examination of the socio-political arguments for constitutional reform.
Main Results:
- The Constitution does not formally acknowledge the unique status of Aboriginal and Torres Strait Islander peoples.
- Specific amendments are proposed to ensure recognition and prevent discrimination.
Conclusions:
- The Australian Constitution's failure to recognize Indigenous peoples necessitates reform.
- Constitutional change is crucial to address historical injustices and ensure equality.
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