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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 rightscan 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 law --- Indigenous peoples --- Civil rights --- Politics and Government - Political action - Constitutional recognition. --- Constitutional law. --- Public law. --- Human rights. --- Political science. --- Australasia. --- History. --- Race. --- Constitutional Law. --- Public Law. --- Human Rights. --- Governance and Government. --- Australian History. --- Race and Ethnicity Studies.
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Dominic O’Sullivan presents an insightful, timely, and compelling argument for the transformative potential of discourses of recognition. This authoritative and thought-provoking book offers a significant contribution to contemporary debates on constitutional recognition, self-determination and the agency of Indigenous peoples. -- Tanya Fitzgerald, (Professor of Higher Education, The University of Western Australia), O’Sullivan’s work is an important text that brings new inter-cultural understandings of how concepts of treaty, recognition and sovereignty connect, on lands commonly known as Australia and New Zealand. His Indigenous scholarship on these important concepts is a valuable contribution to the literature and highly recommended reading. -- Dr Jessa Rogers-Metuamate, (Department of Indigenous Studies, Macquarie University). 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. Dominic O’Sullivan is Associate Professor of political science at Charles Sturt University, Australia, and an Adjunct Professor in the Centre for Maori Health Research at Auckland University of Technology, New Zealand. He is from the Te Rarawa and Ngati Kahu iwi of New Zealand, and this is his eighth book. The most recent ‘We Are All Here to Stay’: Sovereignty, Citizenship and the UN Declaration on the Rights of Indigenous Peoples was published in 2020. --
Political sociology --- Politics --- Economic order --- Economic policy and planning (general) --- Economic conditions. Economic development --- Development aid. Development cooperation --- Human rights --- Public administration --- ontwikkelingsbeleid --- mensenrechten --- overheid --- politiek --- ontwikkelingssamenwerking --- economische ontwikkelingen --- ontwikkelingspolitiek --- Indigenous peoples --- Ethnology --- Politics and government --- Politics and government. --- Law - Constitutional law - Treaty movement --- Politics and Government - Political action - Constitutional recognition
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