Justification not Recognition

Indigenous Law Bulletin 24 (8):12-18 (2016)
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Abstract

The debate over the constitutional recognition of Indigenous peoples is a deeply political one. That might appear to be a controversial claim. After all, there has been much talk about minimising the scope for disagreement between ‘constitutional conservatives’ and supporters of more expansive constitutional recognition. And there is concern to ensure that any potential referendum enjoys the maximum conditions and opportunity for success. However, my argument shall be that any form of constitutional recognition of Australia’s First Peoples needs to be seen as part of an ongoing transformation in the relations between Indigenous peoples and the Australian state.

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Duncan Ivison
University of Sydney

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