Author: Megan DavisPublisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
Discusses the options for Constitutional recognition of Indigenous Australians; includes a timeline of Federal Constitutional developments.
Constitutional Reform and Indigenous Peoples
Author: Megan DavisPublisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
Discusses the options for Constitutional recognition of Indigenous Australians; includes a timeline of Federal Constitutional developments.
Indigenous Peoples and Constitutional Reform in Australia
Author: Bede HarrisPublisher: Springer Nature
ISBN: 9819971217
Category : Law
Languages : en
Pages : 313
Book Description
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 rights can 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.
It's Our Country
Author: Megan DavisPublisher: Melbourne Univ. Publishing
ISBN: 0522869947
Category : Social Science
Languages : en
Pages : 162
Book Description
The idea of constitutional recognition of Indigenous Australians has become a highly political and contentious issue. It is entangled in institutional processes that rarely allow the diversity of Indigenous opinion to be expressed. With a referendum on the agenda, it is now urgent that Indigenous people have a direct say in the form of recognition that constitutional change might achieve. It's Our Country: Indigenous Arguments for Meaningful Constitutional Recognition and Reform is a collection of essays by Aboriginal and Torres Strait Islander thinkers and leaders including Patrick Dodson, Noel Pearson, Dawn Casey, Nyunggai Warren Mundine and Mick Mansell. Each essay explores what recognition and constitutional reform might achieve—or not achieve—for Indigenous people.
American Indian Constitutional Reform and the Rebuilding of Native Nations
Author: Eric D. LemontPublisher: University of Texas Press
ISBN: 0292778074
Category : Social Science
Languages : en
Pages : 361
Book Description
Since 1975, when the U.S. government adopted a policy of self-determination for American Indian nations, a large number of the 562 federally recognized nations have seized the opportunity to govern themselves and determine their own economic, political, and cultural futures. As a first and crucial step in this process, many nations are revising constitutions originally developed by the U.S. government to create governmental structures more attuned to native people's unique cultural and political values. These new constitutions and the governing institutions they create are fostering greater governmental stability and accountability, increasing citizen support of government, and providing a firmer foundation for economic and political development. This book brings together for the first time the writings of tribal reform leaders, academics, and legal practitioners to offer a comprehensive overview of American Indian nations' constitutional reform processes and the rebuilding of native nations. The book is organized in three sections. The first part investigates the historical, cultural, economic, and political motivations behind American Indian nations' recent reform efforts. The second part examines the most significant areas of reform, including criteria for tribal membership/citizenship and the reform of governmental institutions. The book concludes with a discussion of how American Indian nations are navigating the process of reform, including overcoming the politics of reform, maximizing citizen participation, and developing short-term and long-term programs of civic education.
Indigenous Peoples and Constitutional Reform in Mexico
Author: Luis Enrique Ramos BustillosPublisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
Constitutional Reform and Indigenous Peoples
Author: Megan DavisPublisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
Discusses the options for Constitutional recognition of Indigenous Australians; includes a timeline of Federal Constitutional developments.
A First Nations Voice in the Australian Constitution
Author: Shireen MorrisPublisher: Bloomsbury Publishing
ISBN: 1509928936
Category : Law
Languages : en
Pages : 222
Book Description
This book makes the legal and political case for Indigenous constitutional recognition through a constitutionally guaranteed First Nations voice, as advocated by the historic Uluru Statement from the Heart. It argues that a constitutional amendment to empower Indigenous peoples with a fairer say in laws and policies made about them and their rights, is both constitutionally congruent and politically achievable. A First Nations voice is deeply in keeping with the culture, design and philosophy of Australia's federal Constitution, as well as the long history of Indigenous advocacy for greater empowerment and self-determination in their affairs. Morris explores the historical, political, theoretical and international contexts underpinning the contemporary debate, before delving into the constitutional detail to craft a compelling case for change.
Broken Landscape
Author: Frank PommersheimPublisher: Oxford University Press
ISBN: 0199888280
Category : Law
Languages : en
Pages : 425
Book Description
Broken Landscape is a sweeping chronicle of Indian tribal sovereignty under the United States Constitution and the way that legislators have interpreted and misinterpreted tribal sovereignty since the nation's founding. Frank Pommersheim, one of America's leading scholars in Indian tribal law, offers a novel and deeply researched synthesis of this legal history from colonial times to the present, confronting the failures of constitutional analysis in contemporary Indian law jurisprudence. He demonstrates that the federal government has repeatedly failed to respect the Constitution's recognition of tribal sovereignty. Instead, it has favored excessive, unaccountable authority in its dealings with tribes. Pommersheim argues that the Supreme Court has strayed from its Constitutional roots as well, consistently issuing decisions over two centuries that have bolstered federal power over the tribes. Closing with a proposal for a Constitutional amendment that would reaffirm tribal sovereignty, Broken Landscape challenges us to finally accord Indian tribes and Indian people the respect and dignity that are their due.
It's Our Country
Author: Megan DavisPublisher:
ISBN: 9781525219191
Category :
Languages : en
Pages : 354
Book Description
Why should Indigenous people have a direct say in the decisions that affect their lives? Australia is one of the only liberal democracies still grappling with such a fundamental question. The idea of constitutional recognition of Indigenous Australians has become a highly political and contentious issue. It is entangled in institutional processes that rarely allow the diversity of Indigenous opinion to be expressed. With a referendum on the agenda, it is now urgent that Indigenous people have a direct say in the form of recognition that constitutional change might achieve. rm is a collection of essays by Aboriginal and Torres Strait Islander thinkers and leaders including Patrick Dodson, Noel Pearson, Dawn Casey, Nyunggai Warren Mundine and Mick Mansell. Each essay explores what recognition and constitutional reform might achieve - ;or not achieve - ;for Indigenous people.
Multiculturalism in Latin America
Author: R. SiederPublisher: Springer
ISBN: 1403937826
Category : Political Science
Languages : en
Pages : 294
Book Description
During the last fifteen years Latin American governments reformed their constitutions to recognize indigenous rights. The contributors to this book argue that these changes post fundamental challenges to accepted notions of democracy, citizenship and development in the region. Using case studies from Mexico, Guatemala, Bolivia and Peru, they analyze the ways in which new legal frameworks have been implemented, appropriated and contested within a wider context of accelerating economic and legal globalization, highlighting the key implications for social policy, human rights and social justice.