This paper examines some of the constitutional deficiencies in the protection of Indigenous peoples rights, in order to demonstrate the real need to grasp the ‘constitutional moment’ and reform our foundational document.

Australians are ready for a debate about updating Australia's Constitution, but it is only likely to lead to change if people are engaged with the process. The results focus on the prospects for successful referenda on Indigenous recognition and local government recognition in the next three years -- as recently promised by the Federal Government...

This paper argues that in advocating for constitutional reform, we need to emphasise the connection between dealing with disadvantage - an urgent and immediate priority - and the ‘big picture’ in terms of addressing unfinished business between Indigenous peoples and the state.

When Parliament enacted the Native Title Act 1993 it left fundamental questions to be resolved by the judiciary. High Court decisions in three test cases in 2002 substantially defined the potential of native title. Proceeding on a mistaken view of Parliament's intention, the court confirmed a doctrine of extinguishment highly destructive of the original rights...

The federal government must recommit itself to reconciliation between Indigenous peoples and the wider Australian community, argue Sean Brennan and George Williams.