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Constitutional Recognition
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Book Synopsis Constitutional Recognition by : Dylan Lino
Download or read book Constitutional Recognition written by Dylan Lino and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover image: Clinton Nain, Crowned Target, 2006, acrylic and bitumen on canvas, 152 x 122 cmWhen Australians today debate how to achieve a just postcolonial relationship with the First Peoples of the continent, they typically do so using the language of 'constitutional recognition'. The idea of constitutional recognition has become the subject of community forums and nationwide inquiries, street protests and prime ministerial speeches. Dylan Lino's book provides the first comprehensive study of Indigenous constitutional recognition in Australia.Offering more than a legal analysis, Lino places the idea of constitutional recognition into a broader historical and theoretical perspective. After recounting the history of Australian debates on Indigenous recognition, the book presents an account that views constitutional recognition in terms of Indigenous peoples' struggles to have their identities respected within the settler constitutional order. When studied in this way, constitutional recognition emerges not as a postcolonial endpoint but as an ongoing process of renegotiating the basic Indigenous-settler political relationship.With First Peoples continuing to press for the recognition of their sovereignty and peoplehood, this book will be a definitive reference point for scholars, advocates, policy-makers and the interested public.Dr Dylan Lino, Constitutional Recognition of Australia's Indigenous People: Law, History and Politics (original title), was the winner of the Holt Prize 2017.AUSPUBLAW presents Book Forum on Dylan Lino's Constitutional Recognition: First Peoples and the Australian Settler State, 14 August 2019Dani Larkin provides first post. "Dylan has provided readers and legal professionals alike with a very useful and educational book that better informs current issues surrounding Indigenous constitutional recognition." Click here to readThe Hon Robert French AC provides the second post. "[The book] will inform ongoing debate about constitutional recognition to those who are seriously engaged in it. It also, and particularly, is a valuable addition to the scholarly literature on recognition for First Peoples in Australia." Click here to readDylan Lino replies to reflections from Dani Larkin and the Hon Robert French AC. "Putting a book out into the world is, among many other things, exhilarating and anxiety-inducing. The exhilaration and anxiety come from the prospect of having other people actually read it, especially people with such brilliant minds and careful eyes as Dani Larkin and Robert French. I'm honoured and humbled at the evident brilliance and care with which both Larkin and French have engaged with my book..." Click here to read
Book Synopsis From Recognition to Reconciliation by : Patrick Macklem
Download or read book From Recognition to Reconciliation written by Patrick Macklem and published by University of Toronto Press. This book was released on 2016-01-01 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: In From Recognition to Reconciliation, twenty leading scholars reflect on the continuing transformation of the constitutional relationship between Indigenous peoples and the Canadian state.
Download or read book A Rightful Place written by Noel Pearson and published by Black Inc.. This book was released on 2017-08-03 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: The nation has unfinished business. After more than two centuries, can a rightful place be found for Australia’s original peoples? Soon we will all decide if and how Indigenous Australians will be recognised in the Constitution. In this essential book, several leading writers and thinkers provide a road map to recognition. Starting with the Uluru Statement from the Heart, these eloquent essays show what constitutional recognition means, and what it could make possible: a political voice, a fairer relationship and a renewed appreciation of an ancient culture. With remarkable clarity and power, they traverse law, history and culture to map the path to change. The contributors to A Rightful Place are Noel Pearson, Megan Davis, Stan Grant, Rod Little and Jackie Huggins, Damien Freeman and Nolan Hunter, Warren Mundine, and Shireen Morris. The book includes a foreword by Galarrwuy Yunupingu. A Rightful Place is edited by Shireen Morris, a lawyer and constitutional reform fellow at the Cape York Institute and researcher at Monash University.
Book Synopsis The Green Amendment by : Maya K. Van Rossum
Download or read book The Green Amendment written by Maya K. Van Rossum and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2017 INDIE BOOK OF THE YEAR AWARD FINALIST "A rallying cry . . . Everyone who is concerned about the welfare of all species, including human beings. Please read this important book." --Richard Louv, chairman emeritus of the Children & Nature Network and author of LAST CHILD IN THE WOODS and THE NATURE PRINCIPLE The Constitutional Change We Need to Protect Our Priceless Natural Resources For decades, activists have relied on federal and state legislation to fight for a cleaner environment. And for decades, they've been fighting a losing battle. The sad truth is, our laws are designed to accommodate pollution rather than prevent it. It's no wonder people feel powerless when it comes to preserving the quality of their water, air, public parks, and special natural spaces. But there is a solution, argues veteran environmentalist Maya K. van Rossum: bypass the laws and turn to the ultimate authority--our state and federal constitutions. In 2013, van Rossum and her team won a watershed legal victory that not only protected Pennsylvania communities from ruthless frackers but affirmed the constitutional right of people in the state to a clean and healthy environment. Following this victory, van Rossum inaugurated the Green Amendment movement, dedicated to empowering every American community to mobilize for constitutional change. Now, with The Green Amendment, van Rossum lays out an inspiring new agenda for environmental advocacy, one that will finally empower people, level the playing field, and provide real hope for communities everywhere. Readers will discover how legislative environmentalism has failed communities across America, the transformational difference environmental constitutionalism can make, the economic imperative of environmental constitutionalism, and how to take action in their communities. We all have the right to pure water, clean air, and a healthy environment. It's time to claim that right--for our own sake and that of future generations.
Book Synopsis A First Nations Voice in the Australian Constitution by : Shireen Morris
Download or read book A First Nations Voice in the Australian Constitution written by Shireen Morris and published by Bloomsbury Publishing. This book was released on 2020-08-06 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes the legal and political case for Indigenous constitutional recognition through a constitutionally guaranteed First Nations voice, as advocated by the historic Uluru Statement from the Heart. It argues that a constitutional amendment to empower Indigenous peoples with a fairer say in laws and policies made about them and their rights, is both constitutionally congruent and politically achievable. A First Nations voice is deeply in keeping with the culture, design and philosophy of Australia's federal Constitution, as well as the long history of Indigenous advocacy for greater empowerment and self-determination in their affairs. Morris explores the historical, political, theoretical and international contexts underpinning the contemporary debate, before delving into the constitutional detail to craft a compelling case for change.
Book Synopsis Australian Public Law by : Gabrielle Appleby
Download or read book Australian Public Law written by Gabrielle Appleby and published by Oxford University Press, USA. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduces students to key principles, concepts, institutions in Australian Public Law, provides solid foundation for study of constitutional & administrative law. Explained through analysis of mechanisms of power & control, including discussions of functioning of institutions of government & contemporary issues. Authors at Uni of Adelaide.
Book Synopsis Multiculturalism by : Charles Taylor
Download or read book Multiculturalism written by Charles Taylor and published by Princeton University Press. This book was released on 1994-09-11 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new edition of the highly acclaimed book Multiculturalism and "The Politics of Recognition," this paperback brings together an even wider range of leading philosophers and social scientists to probe the political controversy surrounding multiculturalism. Charles Taylor's initial inquiry, which considers whether the institutions of liberal democratic government make room--or should make room--for recognizing the worth of distinctive cultural traditions, remains the centerpiece of this discussion. It is now joined by Jürgen Habermas's extensive essay on the issues of recognition and the democratic constitutional state and by K. Anthony Appiah's commentary on the tensions between personal and collective identities, such as those shaped by religion, gender, ethnicity, race, and sexuality, and on the dangerous tendency of multicultural politics to gloss over such tensions. These contributions are joined by those of other well-known thinkers, who further relate the demand for recognition to issues of multicultural education, feminism, and cultural separatism. Praise for the previous edition:
Book Synopsis From Words to Worlds by : Beau Breslin
Download or read book From Words to Worlds written by Beau Breslin and published by JHU Press. This book was released on 2009-01-26 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 225 years since the United States Constitution was first drafted, no single book has addressed the key questions of what constitutions are designed to do, how they are structured, and why they matter. In From Words to Worlds, constitutional scholar Beau Breslin corrects this glaring oversight, singling out the essential functions that a modern, written constitution must incorporate in order to serve as a nation’s fundamental law. Breslin lays out and explains the basic functions of a modern constitution—including creating a new citizenry, structuring the institutions of government, regulating conflict between layers and branches of government, and limiting the power of the sovereign. He also discusses the theoretical concepts behind the fundamentals of written constitutions and examines in depth some of the most important constitutional charters from around the world. In assaying how states put structural ideas into practice, Breslin asks probing questions about why—and if—constitutions matter. Solidly argued and engagingly written, this comparative study in constitutional thought demonstrates clearly the key components that a state’s foundational document must address. Breslin draws a critically important distinction between constitutional texts and constitutional practice.
Book Synopsis Australian Constitutional Values by : Rosalind Dixon
Download or read book Australian Constitutional Values written by Rosalind Dixon and published by Bloomsbury Publishing. This book was released on 2018-02-08 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vigorous debate exists among constitutional scholars as to the appropriate 'modalities' of constitutional argument, and their relative weight. Many scholars, however, argue that one important modality of constitutional argument involves attention to underlying constitutional purposes or 'values'. In Australia, this kind of values-oriented approach has been advocated by leading constitutional scholars, and also finds support in the judgments of the High Court at various times, particularly during the Mason Court era. Much of the scholarly debate on constitutional values to date, however, focuses on whether the Court should in fact look to constitutional values in this way, not the kinds of values the Court should consider, given such an approach. This book responds to this gap in the existing scholarly literature, by inviting a range of leading Australian constitutional lawyers and scholars to address the relevance and scope of various substantive constitutional values, and how they might affect the Court's approach to constitutional interpretation in various contexts. It is essential reading for anyone seeking a deeper understanding of Australia's constitutional system.
Book Synopsis Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution by :
Download or read book Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution written by and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Current multiparty support has created a historic opportunity to recognise Aboriginal and Torres Strait Islander peoples as the first peoples of Australia, to affirm their full and equal citizenship, and to remove the last vestiges of racial discrimination from the Constitution. The Expert Panel was tasked to report to the Government on possible options for constitutional change to give effect to Indigenous constitutional recognition, including advice as to the level of support from Indigenous people and the broader community for these options. This executive summary sets out the Panel's conclusions and recommendations" [taken from executive summary]; report contains draft Bill for an Act to alter the Constitution to recognise Aboriginal and Torres Strait Islander peoples and their cultures, languages and heritage, to replace racially discriminatory provisions and to include a prohibition of racial discrimination. "The Act may be cited as the Constitution alteration (Recognition of Aboriginal and Torres Strait Islander peoples) 2013."
Book Synopsis A Right to Lie? by : Catherine J. Ross
Download or read book A Right to Lie? written by Catherine J. Ross and published by University of Pennsylvania Press. This book was released on 2021-11-30 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do the nation's highest officers, including the President, have a right to lie protected by the First Amendment? If not, what can be done to protect the nation under this threat? This book explores the various options.
Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu
Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author :Amanda Cats-Baril Publisher :International Institute for Democracy and Electoral Assistance (International IDEA) ISBN 13 :9176713245 Total Pages :228 pages Book Rating :4.1/5 (767 download)
Book Synopsis Indigenous Peoples’ Rights in Constitutions Assessment Tool by : Amanda Cats-Baril
Download or read book Indigenous Peoples’ Rights in Constitutions Assessment Tool written by Amanda Cats-Baril and published by International Institute for Democracy and Electoral Assistance (International IDEA). This book was released on 2020-08-09 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Indigenous Peoples’ Rights in Constitutions Assessment Tool helps users to analyse a constitution from the perspective of indigenous peoples’ rights. Using a series of questions, short explanations and example provisions from constitutions around the world, the Assessment Tool guides its users through the text of a constitution and allows for systematic analysis of the language and provisions of a constitutional text to assess how robustly indigenous peoples’ rights are reflected in it. A constitution articulates a vision that reflects a state’s values and history, as well as its aspirational objectives for the future. As the supreme law of a state, the constitution defines its structure and institutions, distributes political power, and recognizes and protects fundamental rights, critically determining the relationship between citizens and governments. Embedding in a constitution recognition of and rights-based protections for specific groups, such as indigenous peoples, can give these groups and their rights enhanced protection. This can be furthered by providing for specialized institutions and processes to deepen the realization of those rights in practice.
Book Synopsis Sharing the Sovereign: Indigenous Peoples, Recognition, Treaties and the State by : Dominic O'Sullivan
Download or read book Sharing the Sovereign: Indigenous Peoples, Recognition, Treaties and the State written by Dominic O'Sullivan and published by Springer Nature. This book was released on 2020-12-21 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains how recognition theory contributes to non-colonial and enduring political relationships between Indigenous nations and the state. It refers to Indigenous Australian arguments for a Voice to Parliament and treaties to show what recognition may mean for practical politics and policy-making. It considers critiques of recognition theory by Canadian First Nations’ scholars who make strong arguments for its assimilationist effect, but shows that ultimately, recognition is a theory and practice of transformative potential, requiring fundamentally different ways of thinking about citizenship and sovereignty. This book draws extensively on New Zealand’s Treaty of Waitangi and measures to support Maori political participation, to show what treaties and a Voice to Parliament could mean in practical terms. It responds to liberal democratic objections to show how institutionalised means of indigenous participation may, in fact, make democracy work better.
Book Synopsis Everything you Need to Know About the Referendum to Recognise Indigenous Australians by : Megan Davis
Download or read book Everything you Need to Know About the Referendum to Recognise Indigenous Australians written by Megan Davis and published by NewSouth. This book was released on 2015-02-01 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains everything that Australians need to know about the proposal to recognise Aboriginal peoples in the Constitution. It details how our Constitution was drafted, and shows how Aboriginal peoples came to be excluded from the new political settlement. It explains what the 1967 referendum – in which over 90% of Australians voted to delete discriminatory references to Aboriginal people from the Constitution - achieved and why discriminatory racial references remain. With clarity and authority the book shows the symbolic and legal power of such a change and how we might get there. Concise and clear, it is written by two of the best-known experts in the country on matters legal, indigenous and constitutional. Recognise is essential reading on what should be a watershed occasion for our nation.
Book Synopsis Quasi-Constitutionality and Constitutional Statutes by : Richard Albert
Download or read book Quasi-Constitutionality and Constitutional Statutes written by Richard Albert and published by Routledge. This book was released on 2019-04-01 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the interstices among statutory enactment, constitutional convention and formal constitution in which quasi-constitutionality exists. It provides a focal resource that can serve as a point of reference for scholars interested in quasi-constitutionality as a whole, from national and transnational perspectives, expanding on its many forms, functions, and applications with recourse to comparative insights. The book is divided in three main Parts, each of them preceded by a separate critical introduction in which an informed scholar contextualizes the chapters and offers reflections on the themes they develop. The first Part, titled 'Forms', is composed of chapters that address, from a theoretical and comparative perspective, questions related to the recognition of constitutional statutes and quasi-constitutional legislation. The second Part is titled 'Functions', and contains chapters that explore the explanatory power of quasi-constitutionality in different institutional contexts. The third Part, titled 'Applications', considers the ways in which constitutional statutes and quasi-constitutionality operate in relation to particular tensions and debates present in various jurisdictions.
