- The Oxford Handbook of the Australian Constitution
- Table of Cases
- Table of Legislation
- List of Abbreviations
- List of Contributors
- First Peoples
- Rule of Law
- Common Law
- Unwritten Rules
- International Law
- Comparative Constitutional Law
- State Constitutions
- Australia in the International Order
- Authority of the High Court of Australia
- Judicial Reasoning
- Standards of Review in Constitutional Review of Legislation
- Techniques of Adjudication
- Separation of Legislative and Executive Power
- The Judicature
- The Separation of Judicial Power
- The Constitutionalization of Administrative Law
- Co-Operative Federalism
- The Passage Towards Economic Union in Australia’s Federation
- The Federal Principle
- Federal Jurisdiction
- Rights Protection in Australia
- Due Process
- Political Participation
Abstract and Keywords
This chapter explores the constitutional silence regarding Australia's First Peoples and the story behind it. In the process, the chapter illuminates the nature of future challenges. It draws attention to the legal domains beyond the founding document of 1901, such as legislation and the common law, as well as government policy and practice, and their interplay with the Constitution, in its original and amended form. The situation regarding Australia's First Peoples is thus analysed through four prisms: sovereignty and treaty-making, rights and freedoms, political participation and decision-making, and constitutional symbolism. Each theme draws on particular events from the past.
Sean Brennan is an associate professor at UNSW Law School.
Megan Davis is the Pro Vice-Chancelloe (Indigenous) and a professor at UNSW Law School.
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