Recognition in keeping with the Constitution, written by the Hon. Murray Gleeson AC QC, former Chief Justice of Australia, explains why proposals to implement the Uluru Statement From the Heart’s call for an Indigenous voice to Parliament is not only a worthwhile project, but one that is consistent with the nature of the Constitution and the values that underpin it. In doing so, he responds to several key criticisms.
In particular, he demonstrates that proposals that have been developed would not undermine the supremacy of Parliament and would not offend against the principle of equality that underpins Australian democracy. He concludes that “A body that has the capacity to speak to the Parliament on behalf of Indigenous people should be of advantage to Parliament and through it, the nation. But it will also, in a practical way, bind Indigenous people.” The paper furthers promotes discussion of the approach to constitutional recognition of Indigenous peoples which the institute, in collaboration with Uphold and Recognise, has developed.
On 18 July 2019, Gleeson delivered Recognition in keeping with the Constitution at a legal symposium jointly held by the Institute and Uphold and Recognise at the Sydney offices of Gilbert and Tobin. The paper was published and distributed later in 2019.
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