Work

The Application of Constitutional Preambles and the Constitutional Recognition of Indigenous Australians

Year: 2013

Type: article

Abstract: The debate on the recognition of Indigenous Australians in the Australian Constitution is more about how, than whether, this should occur. The two main proposals involve the use of a preamble. One proposes symbolic recognition in a new constitutional preamble with a clause prohibiting use of the preamble in constitutional interpretation. The other would give Parliament power to make laws with respect to Indigenous Australians, but qualify it in a preamble so that it could only be exercised for their ‘advancement’. This article draws on comparative experience of the use of preambles in other common law countries to challenge the assumptions underlying each proposal.

Source: International and Comparative Law Quarterly

DOI: 10.1017/s0020589313000092

Author: Anne Twomey

Institution: The University of Sydney

Language: English

Topic: Indigenous Peoples' Rights and Law

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: green

OpenAlex ID: W2021626614

FWCI:

Cites: 28

Cited by: 4

Related to: 20