Speaking Ill of the Dead: A Comment on S 25 of the Constitution

Public Law Review, Vol. 23, pp. 231, 2012

5 Pages Posted: 17 Jan 2013

See all articles by Dylan Lino

Dylan Lino

University of Queensland - T.C. Beirne School of Law

Megan Jane Davis

University of New South Wales (UNSW); University of New South Wales (UNSW) - Faculty of Law

Date Written: January 16, 2013

Abstract

In a characteristically thorough article, Professor Anne Twomey has 'obituarised' S 25, taking as given that the provision will be repealed sometime in the future. Like a well-written obituary, Twomey’s piece chronicles the birth and life of its subject. Perhaps more in the vein of a eulogy than an obituary, though, Twomey’s article also has a partly redemptive aim: it seeks to rescue the reputation of S 25 from those who would, as it were, 'speak ill of the dead'.

Twomey rejects the charge made by some that S 25 is a 'racist' provision. In fact, argues Twomey, not only is S 25 not racist; it is actually the opposite – 'an anti-racism provision and a small remaining skerrick of civil liberties inherited from the United States Constitution'. In this comment, we seek to question the interpretation of s 25 as an anti-racism provision.

Keywords: constitutional law, Australia, s 25

Suggested Citation

Lino, Dylan and Davis, Megan, Speaking Ill of the Dead: A Comment on S 25 of the Constitution (January 16, 2013). Public Law Review, Vol. 23, pp. 231, 2012. Available at SSRN: https://ssrn.com/abstract=2202007

Dylan Lino (Contact Author)

University of Queensland - T.C. Beirne School of Law ( email )

Forgan Smith Building (1)
The University of Queensland
St Lucia, Queensland 4072
Australia

Megan Davis

University of New South Wales (UNSW) ( email )

Kensington
High St
Sydney, NSW 2052
Australia

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

HOME PAGE: http://m.law.unsw.edu.au/staff-details.php?path=profile/megan-davis

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