Australian Public Law


Book Description

Introduces students to key principles, concepts, institutions in Australian Public Law, provides solid foundation for study of constitutional & administrative law. Explained through analysis of mechanisms of power & control, including discussions of functioning of institutions of government & contemporary issues. Authors at Uni of Adelaide.




An Indigenous Parliament?


Book Description

The indigenous peoples of the Arctic have achieved some of the most comprehensive self-government arrangements in the world. These are reflected upon in this collection of articles, based on discussions between indigenous peoples in Russia and other parts of the Circumpolar North. Decision-making and political participation are of major concern for indigenous peoples in all parts of the Circumpolar North. There are many positive examples of indigenous political institutions, land claims and self-government agreements in the region, and indigenous peoples have recognised that they can learn from each other. Over the past decade, indigenous peoples in Russia have attempted to gain rights and influence over political decisions concerning their lands and lives. In some provinces of the Russian Federation, they have achieved a certain level of influence over - and an advisory role in - political institutions. And yet in others, they remain voiceless. This volume includes a number of articles on the legal situation of indigenous peoples in Russia and on their political participation at federal and provincial level, along with case studies from Alaska, northern Canada, Greenland and Sápmi. This book was first published jointly by RAIPON and IWGIA in Russian in 2003.




The 1967 Referendum


Book Description

On 27 May 1967 a remarkable event occurred. An overwhelming majority of electors voted in a national referendum to amend clauses of the Australian Constitution concerning Aboriginal people. Today it is commonly regarded as a turning point in the history of relations between Indigenous and white Australians: a historic moment when citizenship rights -- including the vote -- were granted and the Commonwealth at long last assumed responsibility for Aboriginal affairs. Yet the constitutional changes entailed in the referendum brought about none of these things. "The 1967 Referendum" explores the legal and political significance of the referendum and the long struggle by black and white Australians for constitutional change. It traces the emergence of a series of powerful narratives about the Australian Constitution and the status of Aborigines, revealing how and why the referendum campaign acquired so much significance and has since become the subject of highly charged myth in contemporary Australia. Attwood and Markus's text is complemented by personal recollections and opinions about the referendum by a range of Indigenous people, and historical documents and illustrations.




A First Nations Voice in the Australian Constitution


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.




Sharing the Sovereign: Indigenous Peoples, Recognition, Treaties and the State


Book Description

This book explains how recognition theory contributes to non-colonial and enduring political relationships between Indigenous nations and the state. It refers to Indigenous Australian arguments for a Voice to Parliament and treaties to show what recognition may mean for practical politics and policy-making. It considers critiques of recognition theory by Canadian First Nations’ scholars who make strong arguments for its assimilationist effect, but shows that ultimately, recognition is a theory and practice of transformative potential, requiring fundamentally different ways of thinking about citizenship and sovereignty. This book draws extensively on New Zealand’s Treaty of Waitangi and measures to support Maori political participation, to show what treaties and a Voice to Parliament could mean in practical terms. It responds to liberal democratic objections to show how institutionalised means of indigenous participation may, in fact, make democracy work better.




First Nations? Second Thoughts, Second Edition


Book Description

Flanagan shows that this orthodoxy enriches a small elite of activists, politicians, administrators, and well-connected entrepreneurs, while bringing further misery to the very people it is supposed to help. Controversial and thought-provoking, First Nations? Second Thoughts dissects the prevailing ideology that determines public policy towards Canada's aboriginal peoples.




Clearing the Plains


Book Description

In arresting, but harrowing, prose, James Daschuk examines the roles that Old World diseases, climate, and, most disturbingly, Canadian politics--the politics of ethnocide--played in the deaths and subjugation of thousands of aboriginal people in the realization of Sir John A. Macdonald's "National Dream." It was a dream that came at great expense: the present disparity in health and economic well-being between First Nations and non-Native populations, and the lingering racism and misunderstanding that permeates the national consciousness to this day. " Clearing the Plains is a tour de force that dismantles and destroys the view that Canada has a special claim to humanity in its treatment of indigenous peoples. Daschuk shows how infectious disease and state-supported starvation combined to create a creeping, relentless catastrophe that persists to the present day. The prose is gripping, the analysis is incisive, and the narrative is so chilling that it leaves its reader stunned and disturbed. For days after reading it, I was unable to shake a profound sense of sorrow. This is fearless, evidence-driven history at its finest." -Elizabeth A. Fenn, author of Pox Americana "Required reading for all Canadians." -Candace Savage, author of A Geography of Blood "Clearly written, deeply researched, and properly contextualized history...Essential reading for everyone interested in the history of indigenous North America." -J.R. McNeill, author of Mosquito Empires




Buraadja


Book Description

YESTERDAY Buraadja provides a powerful account of the Liberal Party's approach to Indigenous affairs. The party's record of successes and failures is frankly evaluated as an important basis for developing effective approaches to persistent problems. TODAY The problems faced by Aboriginal and Torres Strait Islander people today are considered through two contrasting lenses: the extremist lens of the Black Lives Matter movement, and the moderate lens of the Uluru Statement from the Heart. The Uluru Statement is shown to offer a modest approach to addressing problems by recognising Indigenous peoples in the Constitution, making agreements, and coming to terms with Australia's history. TOMORROW Andrew Bragg draws on liberal values to make a compelling case for national reconciliation in Australia. He offers some practical suggestions for remembering our history, listening to Indigenous people, and planning for the future.




Speaking of Indigenous Politics


Book Description

“A lesson in how to practice recognizing the fundamental truth that every inch of the Americas is Indigenous territory” —Robert Warrior, from the Foreword Many people learn about Indigenous politics only through the most controversial and confrontational news: the Standing Rock Sioux Tribe’s efforts to block the Dakota Access Pipeline, for instance, or the battle to protect Bears Ears National Monument in Utah, a site sacred to Native peoples. But most Indigenous activism remains unseen in the mainstream—and so, of course, does its significance. J. Kēhaulani Kauanui set out to change that with her radio program Indigenous Politics. Issue by issue, she interviewed people who talked candidly and in an engaging way about how settler colonialism depends on erasing Native peoples and about how Native peoples can and do resist. Collected here, these conversations speak with clear and compelling voices about a range of Indigenous politics that shape everyday life. Land desecration, treaty rights, political status, cultural revitalization: these are among the themes taken up by a broad cross-section of interviewees from across the United States and from Canada, Mexico, Chile, Bolivia, Peru, Australia, and New Zealand. Some speak from the thick of political action, some from a historical perspective, others from the reaches of Indigenous culture near and far. Writers, like Comanche Paul Chaat Smith, author of Everything You Know about Indians Is Wrong, expand on their work—about gaming and sovereignty, for example, or protecting Native graves, the reclamation of land, or the erasure of Indian identity. These conversations both inform and engage at a moment when their messages could not be more urgent. Contributors: Jessie Little Doe Baird (Mashpee Wampanoag), Omar Barghouti, Lisa Brooks (Abenaki), Kathleen A. Brown-Pérez (Brothertown Indian Nation), Margaret “Marge” Bruchac (Abenaki), Jessica Cattelino, David Cornsilk (Cherokee Nation), Sarah Deer (Muskogee Creek Nation), Philip J. Deloria (Dakota), Tonya Gonnella Frichner (Onondaga Nation), Hone Harawira (Ngapuhi Nui Tonu), Suzan Shown Harjo (Cheyenne and Hodulgee Muscogee), Rashid Khalidi, Winona LaDuke (White Earth Ojibwe), Maria LaHood, James Luna (Luiseño), Aileen Moreton-Robinson (Quandamooka), Chief Mutáwi Mutáhash (Many Hearts) Marilynn “Lynn” Malerba (Mohegan), Steven Newcomb (Shawnee/Lenape), Jean M. O’Brien (White Earth Ojibwe), Jonathan Kamakawiwo‘ole Osorio (Kanaka Maoli), Steven Salaita, Paul Chaat Smith (Comanche), Circe Sturm (Mississippi Choctaw descendant), Margo Taméz (Lipan Apache), Chief Richard Velky (Schaghticoke), Patrick Wolfe.




The Winter We Danced


Book Description

The Winter We Danced is a vivid collection of writing, poetry, lyrics, art and images from the many diverse voices that make up the past, present, and future of the Idle No More movement. Calling for pathways into healthy, just, equitable and sustainable communities while drawing on a wide-ranging body of narratives, journalism, editorials and creative pieces, this collection consolidates some of the most powerful, creative and insightful moments from the winter we danced and gestures towards next steps in an on-going movement for justice and Indigenous self-determination.