Aboriginal and Torres Strait Islander people were not given a voice in the convention debates of the 1890s, which led to the drafting of the Constitution in 1901, and few were able to vote for it. This Discussion Paper sets out some of the different options for change and outlines some of the issues to...

‘Constitutional recognition’ has emerged as a dominant language through which Australians now debate what is owed to Aboriginal and Torres Strait Islander peoples by the settler state. But what is it?

The normative principle of the right to self-determination has been adopted as the legal right underpinning Indigenous polities’ human rights worldwide. This paper is on Indigenous peoples’ right to self-determination and its exercise through democratic participation.

INTRODUCTION: Proposals for the establishment of an Indigenous advisory body within the Australian Constitution are genuinely innovative and exciting. Designing such a body is a challenge. Aboriginal and Torres Strait Islander Australians have long sought better political representation. Indigenous Australians constitute approximately 3 per cent of the population, therefore—even with proportionate reserved seats—such a micro-minority...

Referendums have become synonymous with failure in Australia, even when initial polling shows great support for a proposed change. Regardless of whether the stigma is warranted, this history is having a negative impact on the push to recognise Indigenous Australians in the constitution. The figures are well known: 44 referendums have been put to the...