Abstract

http://ssrn.com/abstract=2137938
 


 



An Obituary for Section 25 of the Constitution


Anne Twomey


University of Sydney - Faculty of Law

August 28, 2012

Public Law Review, Vol. 23, No. 2, pp. 125-141, 2012
Sydney Law School Research Paper No. 12/57

Abstract:     
The least controversial of the recommendations of the Expert Panel on the Constitutional Recognition of Indigenous Australians was that s 25 of the Constitution should be repealed. The provision is generally regarded as ‘racist’ and no longer fitting for inclusion in the Constitution. This article challenges that assumption. It discusses the anti-racist intent of s 25 and its derivation from the US 14th Amendment. It analyses its relationship with other provisions of the Constitution and why it proved ineffective in discouraging discrimination against Aboriginal people. It considers the judicial use and misuse of s 25 and some of the misconceived grounds given for its repeal. It concludes that while it may yet be appropriate to repeal s 25, this should be done with due recognition of its intended role and that its time has simply passed.

Number of Pages in PDF File: 24

Keywords: Constitution, race, voting rights, indigenous Australians, US 14th Amendment, discrimination, constitutional history, equal protection, franchise, citizenship, aboriginal people, constitutional amendment, referendum, constitutional reform

JEL Classification: K10, K30

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Date posted: August 29, 2012  

Suggested Citation

Twomey, Anne, An Obituary for Section 25 of the Constitution (August 28, 2012). Public Law Review, Vol. 23, No. 2, pp. 125-141, 2012; Sydney Law School Research Paper No. 12/57. Available at SSRN: http://ssrn.com/abstract=2137938

Contact Information

Anne Twomey (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
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