Constitutional change

Question 1

How change constitution without s 128?

Answer 1

- Courts
		○ Interpretation - meaning
		○ Implication
	- Parliament and executive
		○ 'until parliament otherwise provides'
Convention and practise

Question 2

Indigenous recognition

Answer 2

• Old Laws
  ○ 51(xxvi) Commonwealth power to legislate for ‘the people of any race, other than the aboriginal race in any State, for whom it is necessary to make special laws’
  ○ 127 Aborigines not to be counted in reckoning population
  
  • 1967 referendum garnered neutral recognition
  • Positive recognition
    ○ Voting, land rights
    ○ Mabo overturned terra nullius, maintained crown sovereignty by recognised native title
    ○ Representative bodies
    ○ Redfern address apology

Question 3

Referendum council recommendations

Answer 3

1. Give aboriginal & Torres strait voice in commonwealth parliament, monitor use of heads of power in s51(xxvi) and 122, recognise as first people
   
   2. Extra-constitutional declaration of recognition passed by all Australian parliaments on same day as symbolic statement
      Other options
      - Treaty
      ○ Sovereign to sovereign basis
      ○ Contract
      ○ Constitutional backing
      ○ Statutory backing
      - State constitution recognition and change
      - Amendment to the preamble
      - Constitutional amendments as recommended by the expert committee
      ○ Prohibition on racial discrimination
      ○ Recognition of indigenous languages
      ○ Commonwealth power to make laws for the good of indigenous peoples