A Survey of Arguments Against the Constitutional Recognition of Indigenous Australian Peoples

Simon Young, Jennifer Nielsen, and Jeremy Patrick, eds., Constitutional Recognition of First Peoples in Australia: Theories and Comparative Perspectives (Federation Press, 2016) pp. 143-157

16 Pages Posted: 7 Feb 2015 Last revised: 24 Feb 2017

See all articles by Jeremy Patrick

Jeremy Patrick

University of Southern Queensland School of Law

Date Written: December 31, 2016

Abstract

In the various debates about the precise form that the recognition of indigenous persons in the Australian Constitution should take, a threshold question is often taken for granted: should there be any recognition at all? This article surveys popular, academic, and political opposition to the movement for recognition derived from recent newspaper articles, scholarly writing, submission to legislative committees, the Recognise What? movement, and more. Through categorization and synthesis, a broad typology of who opposes recognition, and why, can be constructed. Such an analysis may allow both sides to better understand the positions taken and arguments made during the debate.

Keywords: Indigenous Recognition, Australian Constitution, Race Power, Aboriginal and Torres Strait Islander

JEL Classification: K1

Suggested Citation

Patrick, Jeremy J., A Survey of Arguments Against the Constitutional Recognition of Indigenous Australian Peoples (December 31, 2016). Simon Young, Jennifer Nielsen, and Jeremy Patrick, eds., Constitutional Recognition of First Peoples in Australia: Theories and Comparative Perspectives (Federation Press, 2016) pp. 143-157, Available at SSRN: https://ssrn.com/abstract=2561143 or http://dx.doi.org/10.2139/ssrn.2561143

Jeremy J. Patrick (Contact Author)

University of Southern Queensland School of Law ( email )

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Toowoomba, QLD 4350
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