Agreement-making

the need for democratic principles, individual rights and equal opportunities in Indigenous Australia

Research output: Contribution to journalArticle

2 Citations (Scopus)

Abstract

The recent discussion paper published by the government's Expert Panel on Constitutional Recognition of Indigenous Australians posed the addition of an agreement-making power as one of its ideas for reform.1 The Law Council also listed agreement-making as one of its reform options. It has been suggested that such a power could be modelled on s 37 of the Canadian Constitution, which provides a commitment to regular constitutional conferences or other processes to discuss Indigenous rights. Or, the provision could mirror s 105A of the Australian Constitution which allows the Commonwealth to make agreements with the states in relation to debts. Other ideas include a statement of values or recognition of Indigenous people in either the preamble or a substantive section, deletion of racist provisions currently in the Constitution, and the inclusion of a new non-discrimination guarantee for all Australians.
Original languageEnglish
Pages (from-to)187-193
Number of pages7
JournalAlternative Law Journal
Volume36
Issue number3
DOIs
Publication statusPublished - 2011
Externally publishedYes

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