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text is complemented by personal recollections and opinions about the referendum by a range of Indigenous people, and historical documents and illustrations.




Reconfiguring Citizenship


Book Description

Citizenship as a status assumes that all those encompassed by the term 'citizen' are included, albeit within the boundaries of the nation-state. Yet citizenship practices can be both inclusionary and exclusionary, with far-reaching ramifications for both nationals and non-nationals. This volume explores the concept of citizenship and its practices within particular contexts and nation-states to identify whether its claims to inclusivity are justified. This will show whether the exclusionary dimensions experienced by some citizens and non-citizens are linked to deficiencies in the concept, country-specific policies or how it is practised in different contexts. The interrogation of citizenship is important in a globalising world where crossing borders raises issues of diversity and how citizenship status is framed. This raises the issue of human rights and their protection within the nation-state for people whose lifestyles differ from the prevailing ones. Besides highlighting the importance of human rights and social justice as integral to citizenship, it affirms the role of the nation-state in safeguarding these matters. It does so by building on Indigenous peoples' insights about linking citizenship to connections to other people and the environment and arguing for the inalienability and portability of citizenship rights guaranteed collectively through international level agreements. These issues are of particular concern to social workers given that they must act in accordance with the principles of democracy, equality and empowerment. However, citizenship issues are often inadequately articulated in social work theory and practice. This book redresses this by providing social workers with insights, knowledge, values and skills about citizenship practices to enable them to work more effectively with those excluded from enjoying the full rights of citizenship in the nation-states in which they reside.




Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution


Book Description

"Current multiparty support has created a historic opportunity to recognise Aboriginal and Torres Strait Islander peoples as the first peoples of Australia, to affirm their full and equal citizenship, and to remove the last vestiges of racial discrimination from the Constitution. The Expert Panel was tasked to report to the Government on possible options for constitutional change to give effect to Indigenous constitutional recognition, including advice as to the level of support from Indigenous people and the broader community for these options. This executive summary sets out the Panel's conclusions and recommendations" [taken from executive summary]; report contains draft Bill for an Act to alter the Constitution to recognise Aboriginal and Torres Strait Islander peoples and their cultures, languages and heritage, to replace racially discriminatory provisions and to include a prohibition of racial discrimination. "The Act may be cited as the Constitution alteration (Recognition of Aboriginal and Torres Strait Islander peoples) 2013."




Deliberative Systems


Book Description

A major new statement of deliberative theory that shows how states, even transnational systems, can be deliberatively democratic.




Mapping and Measuring Deliberation


Book Description

Deliberative democracy has challenged two widely-accepted nostrums about democratic politics: that people lack the capacities for effective self-government; and that democratic procedures are arbitrary and do not reflect popular will; indeed, that the idea of popular will is itself illusory. On the contrary, deliberative democrats have shown that people are capable of being sophisticated, creative problem solvers, given the right opportunities in the right kinds of democratic institutions. But deliberative empirical research has its own problems. In this book two leading deliberative scholars review decades of that research and reveal three important issues. First, the concept 'deliberation' has been inflated so much as to lose empirical bite; second, deliberation has been equated with entire processes of which it is just one feature; and third, such processes are confused with democracy in a deliberative mode more generally. In other words, studies frequently apply micro-level tools and concepts to make macro- and meso-level judgements, and vice versa. Instead, Bächtiger and Parkinson argue that deliberation must be understood as contingent, performative, and distributed. They argue that deliberation needs to be disentangled from other communicative modes; that appropriate tools need to be deployed at the right level of analysis; and that scholars need to be clear about whether they are making additive judgements or summative ones. They then apply that understanding to set out a new agenda and new empirical tools for deliberative empirical scholarship at the micro, meso, and macro levels.




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.




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.




The Limits of Settler Colonial Reconciliation


Book Description

This book investigates whether and how reconciliation in Australia and other settler colonial societies might connect to the attitudes of non-Indigenous people in ways that promote a deeper engagement with Indigenous needs and aspirations. It explores concepts and practices of reconciliation, considering the structural and attitudinal limits to such efforts in settler colonial countries. Bringing together contributions by the world’s leading experts on settler colonialism and the politics of reconciliation, it complements current research approaches to the problems of responsibility and engagement between Aboriginal and non-Aboriginal peoples.




Deliberating in the Real World


Book Description

Deliberative democracy has become the central reference point for democracy theorists over the last decade or so, influencing normative frameworks and the ways we conceptualize the workings of democratic societies. It has also been linked with a burst of experimentation with new procedures that involve citizens directly in deliberations about public policy.But there is a contradiction at the heart of deliberative democracy: it seems that it cannot deliver legitimate agreements. Deliberative decisions are said to be legitimate when all those subject to them take part in free and equal debate, but in complex societies that can never happen. Few people can deliberate together at any one time, certainly not in any strict sense, so how can the results of a deliberative event be legitimate for non-participants? And why would people with passionatelyheld views sit down and deliberate when there seems little advantage in them doing so?This book explores these problems in theory and practice, searching for a solution that does not merely dismiss a strict understanding of deliberative democratic criteria. It reconsiders the theory of legitimacy and deliberative democracy, but goes further by examining cases of deliberation on health policy in the United Kingdom to see what problems emerge in practice, and how real political actors deal with them. The result is a complete rethink of the institutional limits and possibilities ofdeliberative democracy, one which abandons the search for perfection in any one institution, and looks instead to the concept of a multifaceted deliberative system.




The Neoliberal State, Recognition and Indigenous Rights


Book Description

The impact of neoliberal governance on indigenous peoples in liberal settler states may be both enabling and constraining. This book is distinctive in drawing comparisons between three such states—Australia, Canada and New Zealand. In a series of empirically grounded, interpretive micro-studies, it draws out a shared policy coherence, but also exposes idiosyncrasies in the operational dynamics of neoliberal governance both within each state and between them. Read together as a collection, these studies broaden the debate about and the analysis of contemporary government policy. The individual studies reveal the forms of actually existing neoliberalism that are variegated by historical, geographical and legal contexts and complex state arrangements. At the same time, they present examples of a more nuanced agential, bottom-up indigenous governmentality. Focusing on intense and complex matters of social policy rather than on resource development and land rights, they demonstrate how indigenous actors engage in trying to govern various fields of activity by acting on the conduct and contexts of everyday neoliberal life, and also on the conduct of state and corporate actors.