Indigenous Peoples And Constitutional Reform In Australia

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The 1967 Referendum

Author : Bain Attwood
Publisher : Aboriginal Studies Press
ISBN 13 : 0855755555
Total Pages : 201 pages
Book Rating : 4.8/5 (557 download)

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Book Synopsis The 1967 Referendum by : Bain Attwood

Download or read book The 1967 Referendum written by Bain Attwood and published by Aboriginal Studies Press. This book was released on 2007 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 27 May 1967 a remarkable event occurred. An overwhelming majority of electors voted in a national referendum to amend clauses of the Australian Constitution concerning Aboriginal people. Today it is commonly regarded as a turning point in the history of relations between Indigenous and white Australians: a historic moment when citizenship rights -- including the vote -- were granted and the Commonwealth at long last assumed responsibility for Aboriginal affairs. Yet the constitutional changes entailed in the referendum brought about none of these things. "The 1967 Referendum" explores the legal and political significance of the referendum and the long struggle by black and white Australians for constitutional change. It traces the emergence of a series of powerful narratives about the Australian Constitution and the status of Aborigines, revealing how and why the referendum campaign acquired so much significance and has since become the subject of highly charged myth in contemporary Australia. Attwood and Markus's text is complemented by personal recollections and opinions about the referendum by a range of Indigenous people, and historical documents and illustrations.

A First Nations Voice in the Australian Constitution

Author : Shireen Morris
Publisher : Bloomsbury Publishing
ISBN 13 : 1509928944
Total Pages : 256 pages
Book Rating : 4.5/5 (99 download)

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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 256 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.

Indigenous Peoples and Constitutional Reform in Australia

Author : Bede Harris
Publisher : Springer Nature
ISBN 13 : 9819971217
Total Pages : 313 pages
Book Rating : 4.8/5 (199 download)

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Book Synopsis Indigenous Peoples and Constitutional Reform in Australia by : Bede Harris

Download or read book Indigenous Peoples and Constitutional Reform in Australia written by Bede Harris and published by Springer Nature. This book was released on 2023-12-01 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines whether Australia’s constitution should be reformed so as to enable the country to fulfil its obligations under the United Nations Declaration on the Rights of Indigenous Peoples, which it ratified in 2009. The book surveys the history of the constitutional status of Australia’s Indigenous peoples from the time of colonisation through to the current debate on ‘Indigenous constitutional recognition’. However, it argues that the term ‘Indigenous constitutional recognition', implying that mere acknowledgement of the existence of Indigenous peoples is sufficient to meet their legitimate expectations, misrepresents the nature of the project the country needs to engage in. The book argues that Australia should instead embark upon a reform programme directed towards substantive, and not merely symbolic, constitutional change. It argues that only by the inclusion in the constitution of enforceable constitutional rights can the power imbalance between Indigenous Australians and the rest of society be addressed. Taking a comparative approach and drawing upon the experience of other jurisdictions, the book proposes a comprehensive constitutional reform programme, and includes the text of constitutional amendments designed to achieve the realisation of the rights of Australia’s Indigenous peoples. It ends with a call to improve the standard of civics education so as to overcome voter apprehension towards constitutional change.

Constitutional Recognition of First Peoples in Australia

Author : Simon Young
Publisher :
ISBN 13 : 9781760020781
Total Pages : 280 pages
Book Rating : 4.0/5 (27 download)

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Book Synopsis Constitutional Recognition of First Peoples in Australia by : Simon Young

Download or read book Constitutional Recognition of First Peoples in Australia written by Simon Young and published by . This book was released on 2016 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Darryl McCarthy (a Mardigan man from South West Queensland)Women's Business Reproduced with permission of the artist © Darryl McCarthy_______________________________________This collection of essays explores the history and current status of proposals to recognise Aboriginal and Torres Strait Islander Peoples in the Constitution of Australia. The book had its genesis in a colloquium co-hosted by the University of Southern Queensland and Southern Cross University, attended by scholars from Australia and overseas and prominent participants in the recognition debates. The contributions have been updated and supplemented to produce a collection that explores what is possible and preferable from a variety of perspectives, organised into three parts: 'Concepts and Context', 'Theories, Critique and Alternatives', and 'Comparative Perspectives'. It includes work by well-regarded constitutional law scholars and legal historians, as well as analysis built from and framed by Indigenous world views and knowledges. It also features the voices of a number of comparative scholars - examining relevant developments in the United States, Canada, the South Pacific, the United Kingdom, New Zealand and South America. The combined authorship represents 10 universities from across Australia, the United Kingdom, the United States and Canada. The book is intended to be both an accurate and detailed record of this critical step in Australian legal and political history and an enduring contribution to ongoing dialogue, reconciliation and the empowerment of Australia's First Peoples.

Trapped by History

Author : Darryl Cronin
Publisher : Rowman & Littlefield
ISBN 13 : 1786611465
Total Pages : 281 pages
Book Rating : 4.7/5 (866 download)

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Book Synopsis Trapped by History by : Darryl Cronin

Download or read book Trapped by History written by Darryl Cronin and published by Rowman & Littlefield. This book was released on 2021-04-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Australian nation has reached an impasse in Indigenous policy and practice and fresh strategies and perspectives are required. Trapped by History highlights a fundamental issue that the Australian nation must confront to develop a genuine relationship with Indigenous Australians. The existing relationship between Indigenous people and the Australian state was constructed on the myth of an empty land – terra nullius. Interactions with Indigenous people have been constrained by eighteenth-century assumptions and beliefs that Indigenous people did not have organised societies, had neither land ownership nor a recognisable form of sovereignty, and that they were ‘savage’ but could be ‘civilized’ through the erasure of their culture. These incorrect assumptions and beliefs are the foundation of the legal, constitutional and political treatment of Indigenous Australians over the course of the country’s history. They remain ingrained in governmental institutions, Indigenous policy making, judicial decision making and contemporary public attitudes about Indigenous people. Trapped by History shines new light upon historical and contemporary examples where Indigenous people have attempted to engage and dialogue with state and federal governments. These governments have responded by trying to suppress and discredit Indigenous rights, culture and identities and impose assimilationist policies. In doing so they have rejected or ignored Indigenous attempts at dialogue and partnership. Other settler countries such as New Zealand, Canada and the United States of America have all negotiated treaties with Indigenous people and have developed constitutional ways of engaging cross culturally. In Australia, the limited recognition that Indigenous people have achieved to date shows that the state is unable to resolve long standing issues with Indigenous people. Movement beyond the current colonial relationship with Indigenous Australians requires a genuine dialogue to not only examine the legal and intellectual framework that constrains Indigenous recognition but to create new foundations for a renewed relationship based on intercultural negotiation, mutual respect, sharing and mutual responsibility. This must involve building a shared understanding around addressing past injustices and creating a shared vision for how Indigenous people and other Australians will associate politically in the future.

A Rightful Place

Author : Noel Pearson
Publisher : Black Inc.
ISBN 13 : 1925435504
Total Pages : 184 pages
Book Rating : 4.9/5 (254 download)

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Book Synopsis A Rightful Place by : Noel Pearson

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.

Australian Public Law

Author : Gabrielle Appleby
Publisher : Oxford University Press, USA
ISBN 13 : 9780195525656
Total Pages : 0 pages
Book Rating : 4.5/5 (256 download)

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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.

The Neoliberal State, Recognition and Indigenous Rights

Author : Deirdre Howard-Wagner
Publisher : ANU Press
ISBN 13 : 1760462217
Total Pages : 353 pages
Book Rating : 4.7/5 (64 download)

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Book Synopsis The Neoliberal State, Recognition and Indigenous Rights by : Deirdre Howard-Wagner

Download or read book The Neoliberal State, Recognition and Indigenous Rights written by Deirdre Howard-Wagner and published by ANU Press. This book was released on 2018-07-25 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The impact of neoliberal governance on indigenous peoples in liberal settler states may be both enabling and constraining. This book is distinctive in drawing comparisons between three such states—Australia, Canada and New Zealand. In a series of empirically grounded, interpretive micro-studies, it draws out a shared policy coherence, but also exposes idiosyncrasies in the operational dynamics of neoliberal governance both within each state and between them. Read together as a collection, these studies broaden the debate about and the analysis of contemporary government policy. The individual studies reveal the forms of actually existing neoliberalism that are variegated by historical, geographical and legal contexts and complex state arrangements. At the same time, they present examples of a more nuanced agential, bottom-up indigenous governmentality. Focusing on intense and complex matters of social policy rather than on resource development and land rights, they demonstrate how indigenous actors engage in trying to govern various fields of activity by acting on the conduct and contexts of everyday neoliberal life, and also on the conduct of state and corporate actors.

Recognising Indigenous Peoples in the Australian Constitution

Author : George Williams
Publisher :
ISBN 13 : 9780987135346
Total Pages : 15 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis Recognising Indigenous Peoples in the Australian Constitution by : George Williams

Download or read book Recognising Indigenous Peoples in the Australian Constitution written by George Williams and published by . This book was released on 2011 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutional Recognition

Author : Dylan Lino
Publisher :
ISBN 13 : 9781760021818
Total Pages : 0 pages
Book Rating : 4.0/5 (218 download)

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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

Achieving Social Justice

Author : Larissa Behrendt
Publisher : Federation Press
ISBN 13 : 9781862874503
Total Pages : 212 pages
Book Rating : 4.8/5 (745 download)

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Book Synopsis Achieving Social Justice by : Larissa Behrendt

Download or read book Achieving Social Justice written by Larissa Behrendt and published by Federation Press. This book was released on 2003 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new work argues that a broad Indigenous rights framework is crucial to achieving positive change in the socio-economic disadvantage into which Indigenous Australians are born. It explains why addressing problems in Indigenous communities at a practical level needs to be done in conjunction with rights protection.

It's Our Country

Author : Megan Davis
Publisher : Melbourne Univ. Publishing
ISBN 13 : 0522869947
Total Pages : 162 pages
Book Rating : 4.5/5 (228 download)

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Book Synopsis It's Our Country by : Megan Davis

Download or read book It's Our Country written by Megan Davis and published by Melbourne Univ. Publishing. This book was released on 2016-05-02 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of constitutional recognition of Indigenous Australians has become a highly political and contentious issue. It is entangled in institutional processes that rarely allow the diversity of Indigenous opinion to be expressed. With a referendum on the agenda, it is now urgent that Indigenous people have a direct say in the form of recognition that constitutional change might achieve. It's Our Country: Indigenous Arguments for Meaningful Constitutional Recognition and Reform is a collection of essays by Aboriginal and Torres Strait Islander thinkers and leaders including Patrick Dodson, Noel Pearson, Dawn Casey, Nyunggai Warren Mundine and Mick Mansell. Each essay explores what recognition and constitutional reform might achieve—or not achieve—for Indigenous people.

Aboriginal and Treaty Rights in Canada

Author : Michael Asch
Publisher : UBC Press
ISBN 13 : 0774842334
Total Pages : 303 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Aboriginal and Treaty Rights in Canada by : Michael Asch

Download or read book Aboriginal and Treaty Rights in Canada written by Michael Asch and published by UBC Press. This book was released on 2011-11-01 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last two decades there has been positive change in how the Canadian legal system defines Aboriginal and treaty rights. Yet even after the recognition of those rights in the Constitution Act of 1982, the legacy of British values and institutions as well as colonial doctrine still shape how the legal system identifies and interprets Aboriginal and treaty rights. The eight essays in Aboriginal and Treaty Rights in Canada focus on redressing this bias. All of them apply contemporary knowledge of historical events as well as current legal and cultural theory in an attempt to level the playing field. The book highlights rich historical information that previous scholars may have overlooked. Of particular note are data relevant to better understanding the political and legal relations established by treaty and the Royal Proclamation of 1763. Other essays include discussion of such legal matters as the definition of Aboriginal rights and the privileging of written over oral testimony in litigation.

Everything You Need to Know About the Uluru Statement from the Heart

Author : Megan Davis
Publisher : NewSouth Publishing
ISBN 13 : 1742245307
Total Pages : 226 pages
Book Rating : 4.7/5 (422 download)

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Book Synopsis Everything You Need to Know About the Uluru Statement from the Heart by : Megan Davis

Download or read book Everything You Need to Know About the Uluru Statement from the Heart written by Megan Davis and published by NewSouth Publishing. This book was released on 2021-06-01 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: We leave base camp and start our trek across this vast country. We invite you to walk with us in a movement of the Australian people for a better future. On 26 May 2017, after a historic process of consultation, the Uluru Statement from the Heart was read out. This clear and urgent call for reform to the community from Aboriginal and Torres Strait Islander peoples asked for the establishment of a First Nations Voice to Parliament protected in the constitution and a process of agreement-making and truth-telling. Voice. Treaty. Truth. What was the journey to this point? What do Australians need to know about the Uluru Statement from the Heart? And how can these reforms be achieved? Everything You Need to Know about the Uluru Statement from the Heart, written by Megan Davis and George Williams, two of Australia’s best-known constitutional experts, is essential reading on how our Constitution was drafted, what the 1967 referendum achieved, and the lead-up and response to the Uluru Statement. Importantly, it explains how the Uluru Statement offers change that will benefit the whole nation. 'This is the first authoritative book on the Uluru Statement from the Heart and a constitutional Voice. It is a must read for all Australians as the nation prepares for a referendum. It is a vitally important book written for all Australians who have accepted the Uluru invitation and are walking with us in a journey of the Australian people for a better future.’ — Patricia Anderson AO, Alyawarre woman ‘This book is the first comprehensive historical and contemporary story of the Uluru Statement and its place in the Aboriginal struggle for rights and recognition. It shines a light on the leadership of First Nations peoples. And it highlights the hopes of First Nations for democratic change using the people power of all Australians walking together and exercising our collective agency for change.’ — Sally Scales, Pitjantjatjara woman, Chair of the Anangu Pitjantjatjara Yankunytjatjara (APY) Lands Executive Board

Treaty and Statehood

Author : Michael Mansell
Publisher :
ISBN 13 : 9781760020835
Total Pages : 301 pages
Book Rating : 4.0/5 (28 download)

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Book Synopsis Treaty and Statehood by : Michael Mansell

Download or read book Treaty and Statehood written by Michael Mansell and published by . This book was released on 2016 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: If governments of Australia agreed to share power with Aboriginal people, what would the result be? And if Australia was to have a settlement or a treaty with Aboriginal and Torres Strait Islanders, what would a treaty deal with and how would a treaty affect the general public? Is there anything beyond a treaty?Treaty and Statehood: Aboriginal Self-determination, by Aboriginal author Michael Mansell, answers these questions and more. Mansell examines the New Zealand model of designated Māori seats and applies the idea to comprise 12 Indigenous Senators in Australia. He argues designated seats and a treaty are constitutionally permissible, and details the possible content for a treaty. He discusses the meaning of self-determination and its limitations, and also thoroughly reviews Aboriginal sovereignty and its function in a modern Australia.The book critically examines the legality of designated seats, treaty, sharing of power and autonomous communities. The legal examination is broken down into easy-to-understand language. Ultimately, Mansell looks at whether justice can best be served to Aboriginal people through a new State of Australia.This new idea of a seventh State - or First State for the First peoples, as the author prefers - is constitutionally legal. Its practicality is also critically examined, including the rights each Aboriginal community or 'nation' would have under statehood.This is a book that answers our query about what reconciliation ultimately means and how it can be achieved."His strongly expressed opinions are always sincere and soundly argued: they may appear at first provocative or over-idealistic, but just wait; in years to come they are likely to be seen as a prescient articulation of a way forward for securing the dignity of our first Australians." - Geoffrey Robertson QC, from the ForewordIn the media...An Indigenous seventh state: a radical idea from a constitutional conservative, Stan Grant, ABC News, 3 Jun 2017 Read article...New book examines 'justice', Jillian Mundy, The Koori Mail, 25 January 2017 Read article...Aboriginal lawyer and activist Michael Mansell has written a new book, Holly Monery, The Examiner, 28 December 2016 Read article...Mansell draws new boundaries for Aboriginal state, Wendy Caccetta, National Indigenous Times, 21 December 2016 Read article...Treaty's benefits, Opinion Letter by Michael Mansell, The Australian, 19 December 2016 Read letter...Indigenous spending to double, warns Michael Mansell, Stephen Fitzpatrick, The Australian, 16 December 2016 Read article...Michael Mansell on Sky News, The Bolt Report with Andrew Bolt, 15 December 2016 Listen to interview...Australia should create seventh state run by Indigenous people, lawyer Michael Mansell says, Dan Conifer, ABC News, 14 December 2016 Read article...

The Recognition of Aboriginal Customary Laws

Author : Australia. Law Reform Commission
Publisher : Australian Government Publishing Service
ISBN 13 :
Total Pages : 556 pages
Book Rating : 4.:/5 (6 download)

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Book Synopsis The Recognition of Aboriginal Customary Laws by : Australia. Law Reform Commission

Download or read book The Recognition of Aboriginal Customary Laws written by Australia. Law Reform Commission and published by Australian Government Publishing Service. This book was released on 1986 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: Detailed examination of the scope for recognition of customary laws through existing common law rules; human rights and problems of relativity of standards; contact experience; constitutional aspects; marriage and family structures; recognition of traditional marriage; protection and distribution of property; child custody, fostering and adoption; the criminal justice system; customary law offences; police investigation and interrogation; issues of evidence and procedure including unsworn statements, juries and interpreters; proof of customary law including scope of expert evidence; taking of evidence including group evidence, secrecy and privileged communications; customary methods of dispute settlement; special Aboriginal courts and justice schemes; relations with police; traditional hunting, fishing and gathering practices; relevant case law and legislation considered throughout.

Indigenous Australians, Social Justice and Legal Reform

Author : Hossein Esmaeili
Publisher :
ISBN 13 : 9781760020613
Total Pages : 336 pages
Book Rating : 4.0/5 (26 download)

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Book Synopsis Indigenous Australians, Social Justice and Legal Reform by : Hossein Esmaeili

Download or read book Indigenous Australians, Social Justice and Legal Reform written by Hossein Esmaeili and published by . This book was released on 2016 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elliott Johnston was a most unusual lawyerâ ]Coming generations of lawyers can be encouraged to reflect upon the causes of justice and equality that he so powerfully espoused. The Hon Michael Kirby AC CMG Twenty-five years after Elliott Johnston's thorough and prescient Report on the Royal Commission into Aboriginal Deaths in Custody, juvenile justice, freedom of speech, racial discrimination, human rights and a referendum on constitutional 'recognition' of Indigenous Australians remain subjects of contestation, national debate and international scrutiny. In this collection, 17 distinguished Indigenous and non-Indigenous jurists, scholars and community leaders show common cause with Johnston. They pursue better ways of understanding social values, justice and equality expressed through issues of native title, incarceration rates, cultural protection, self-determination and rights of Indigenous peoples. They look to the law as a site of hope and an instrument of public education and principled change.