What problem does Indigenous constitutional recognition seek to fix? Is its aim purely symbolic, or does it seek to solve a practical problem? This article argues that characterising the purpose of constitutional recognition as purely symbolic is both substantively incorrect and strategically flawed – it will most likely result in a failed referendum. If the aim is practical, however, as we suggest, then which model presents the best hope for a successful referendum? This article canvases the legal and political calculations involved with each reform option and explains why a constitutionally mandated Indigenous representative body, while no easy sell, nonetheless poses Australia’s best hope of a successful Indigenous recognition referendum.
|Number of pages||10|
|Journal||Australian Law Journal|
|Publication status||Published - 2017|