Category: Indigenous Legal Issues

Australia’s First Treaty

BY HARRY HOBBS AND GEORGE WILLIAMS

Last month, the Victorian government introduced a bill into Parliament that would create a legislative basis for negotiating a treaty with Aboriginal people in the state. The bill would establish an Aboriginal representative body … Read the rest

Legislation as a Method of Constitutional Reform: An Alternative to Formal Amendment?

BY LAEL K WEIS

A striking feature of current debates about constitutional reform in Australia is the evident interest in exploring legislative alternatives to formal amendment. Although this may be explained by the historically low success rate of referendums, the Read the rest

Looking forward, looking back: Native Title in 2017 and 2018

BY AARON MOSS

As the 2018 legal year kicks off, one inevitably begins to reflect upon the year that was, and the year that will be. As this post will demonstrate, 2017 was a particularly significant year for native title … Read the rest

A decade on: What happened to the historic Blue Mud Bay case (and why is it in the news again)?

BY LAUREN BUTTERLY

On 30 May 2017, the Indigenous Affairs Minister Nigel Scullion announced 7.5 million dollars to help ‘finalise Aboriginal land claims over sea country’ in the Northern Territory (NT). These ‘land claims’, or rather negotiations, relate to the … Read the rest

The Uluru Statement: Towards Federalism with First Nations

BY DYLAN LINO

A momentous thing happened on 26 May 2017. Gathered together in the shadow of Uluru for an unprecedented National Constitutional Convention, over 200 Aboriginal and Torres Strait Islander delegates ‘coming from all points of the southern sky’ … Read the rest

Reasons Not To Be Scared of a New Constitutional Preamble

jpyke

BY JOHN PYKE

The suggestion that the Commonwealth Constitution should be given a new ‘preamble’ by referendum has surfaced a couple of times in the last two decades – in connection with the republic and now as part of the … Read the rest

2016: The Year of ‘Substantive’ Progress on Constitutional Recognition for Aboriginal and Torres Strait Islander Peoples?

Dr Matthew StubbsBY MATTHEW STUBBS

2016 presents an opportunity for decisive progress towards substantive recognition for Aboriginal and Torres Strait Islander peoples in the Australian Constitution. Purely symbolic statutory recognition now exists in all but one of the States, and at … Read the rest

High Court sharply divided in latest native title case

Sean and Lauren

BY SEAN BRENNAN AND LAUREN BUTTERLY

On 13 May 2015, we saw something unusual in the High Court: a 3:3 split. The native title case of Queensland v Congoo revealed a Court sharply divided. There was division over the use … Read the rest

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