Constitutional Recognition of Indigenous Australians in a Preamble
University of Sydney - Faculty of Law
September 5, 2011
Constitutional Reform Unit, Sydney Law School, Report No. 2, 2011
Sydney Law School Research Paper No. 11/56
In 2011 the Australian Government established an expert panel to consider a proposal to recognise Indigenous Australians in the Constitution. This report deals with the proposal to locate that recognition in the preamble to the Constitution. It considers the background to Indigenous constitutional recognition, the history of such proposals and its implementation in State Constitutions. It analyses how preambles have been used in statutory interpretation and then undertakes four case studies of how constitutional preambles have been applied by courts in the United States, Canada, India and France. It addresses the constitutional power to amend the preamble or insert a new preamble in the Australian Constitution and the potential implications of such action, including how they might be limited.
Number of Pages in PDF File: 69
Keywords: constitutional amendment, referendum, constitutional preamble, Aboriginal people, indigenous peoples, statutory interpretation, constitutional interpretation, equality, constitutional rights
JEL Classification: K10, K30Accepted Paper Series
Date posted: September 5, 2011 ; Last revised: September 29, 2011
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