Welcome to Eureka Street

back to site
Forgot your password?
Subscribe

Keywords: Constitution

  • AUSTRALIA

    Uluru: take time to get this right

    • Frank Brennan
    • 31 May 2017
    19 Comments

    The consultations conducted in Indigenous communities under the auspices and with the financial support of the Referendum Council have yielded a constant message that Indigenous Australians want substantive constitutional change and not just symbolic or minimalist change. The question is: How much should we attempt to put in the Constitution now, and how much should we place outside the Constitution, or delay for constitutional inclusion until another day?

    READ MORE
  • AUSTRALIA

    On Aboriginal land: seeking a place at the table

    • Frank Brennan
    • 31 May 2017
    6 Comments

    Indigenous leaders this last week have called for the creation of two new legal entities. They want a First Nations Voice enshrined in the Constitution, and a Makarrata Commission set up by legislation. The Makarrata Commission would supervise agreement making between governments and First Nations and engage in truth telling about history. The envisaged destination is a national Makarrata (or treaty). So the immediate constitutional issue is the creation of the First Nations Voice. There is no point in proceeding with a referendum on a question which fails to win the approval of Indigenous Australia. Neither is there any point in proceeding with a referendum which is unlikely to win the approval of the voting public.

    READ MORE
  • AUSTRALIA

    Uluru Statement has lit a fuse that cannot go out

    • Kate Galloway
    • 30 May 2017
    10 Comments

    Political response has been ambivalent at best, and ambivalence sounds a death knell for mainstream engagement by a tentative public. Turnbull pointed out that any claim must be acceptable to the general public to succeed. In the next breath he discussed the success of the 1967 Referendum. This was disingenuous given the political reality of 67, where there was no case presented for a no vote. After the Uluru Statement, it is now not possible to ignore substantive constitutional reform, or treaty.

    READ MORE
  • ARTS AND CULTURE

    Interracial romance's antidote to cultural appropriation

    • Tim Kroenert
    • 08 March 2017
    2 Comments

    Mildred would later say of Frank that 'he always took care of me'. Yet this telling of the story shows a more mutual exchange of strength and support than such a statement might imply. The Lovings' entanglement with the state of Virginia would ultimately lead to constitutional change in favour of interracial marriage, and Loving portrays Ruth as the main agent of the battle. At a time when cultural appropriation has become much talked about, this film by a white filmmaker shows a different way.

    READ MORE
  • AUSTRALIA

    The changing face of the law across generations

    • Frank Brennan
    • 25 July 2016
    7 Comments

    Next year marks the 50th anniversary of the amendment to the Constitution which took out the adverse references to Aborigines. Following our recent election, we are assured at least six, and possibly seven, members of our national parliament who proudly claim an Aboriginal or Torres Strait Islander heritage. They are represented in all parties and none. How good it would be if our elected Aboriginal politicians could come together across party lines and propose an amendment to the Constitution which recognises them.

    READ MORE
  • AUSTRALIA

    Shorten's treaty talk reflects impact of Indigenous activism

    • Celeste Liddle
    • 22 June 2016
    8 Comments

    For the first time ever, I got the sense that political views on the importance of Indigenous issues had shifted. It was not due to an increase in Indigenous voices in the political discussions nor was it because either of the major parties announced a policy which I found remotely inspiring. Rather it was because, under the glare of the camera, the leaders of the two major parties both attempted to show a greater understanding of the Indigenous political agenda than they have before.

    READ MORE
  • AUSTRALIA

    A closer look at the AFP's shady Labor raid

    • Justin Glyn
    • 01 June 2016
    14 Comments

    It has puzzled me that the constitutional implications of the AFP's raid on the offices of the official opposition and one of its senators two weeks ago has not been explored in more detail. The uncomfortable fact is that the leaks about which NBN Co is complaining are not damaging because they relate to competition nor to national security, but because they expose cost overruns and reflect badly on the government of the day - the same government which holds all the shares in NBN Co.

    READ MORE
  • ARTS AND CULTURE

    Inside Nauru nightmare

    • Tim Kroenert
    • 19 May 2016
    4 Comments

    With PNG's Supreme Court finding last month that the detention of asylum seekers on Manus Island was unconstitutional, the shamefulness of Australia's border protection policies was once again laid bare. Advocates will be familiar with the facts and arguments that Chasing Asylum articulates. What sets it apart is its wealth of hidden camera footage caught within the grim confines of the centre on Nauru, and Orner's conversations with detainees and social workers who bore witness to the dire daily reality there.

    READ MORE
  • AUSTRALIA

    Recognition or treaty ... Why not both?

    • Kate Galloway
    • 18 May 2016
    19 Comments

    Newly appointed Senator for Western Australia, Pat Dodson, in his first week on the job, raised the thorny political question of treaty. I see the need for both treaty and constitutional reform, which support each other in promoting justice for Aboriginal and Torres Strait Islander Australians. But the limitations of my understanding are both that I am a lawyer, and that I am not an Indigenous Australian. I need to heed the diverse voices of Indigenous Australia in understanding what is truly at stake.

    READ MORE
  • INTERNATIONAL

    Paying for stopping the boats

    • Kerry Murphy
    • 29 April 2016
    9 Comments

    This week we learnt that the human rights protection for asylum seekers in our former colony Papua New Guinea are more protected by the PNG constitution than they would be in Australia. The PNG government has quickly moved not to change the law and constitution, but to make arrangements to close the centre and ask Australia to take back the asylum seekers. Already PNG lawyers are talking about claims for compensation for the unlawful detention, and rightly so.

    READ MORE
  • INTERNATIONAL

    Cheque book solution on asylum is unconstitutional

    • Frank Brennan
    • 28 April 2016
    33 Comments

    A bench of five justices of the Supreme Court of Justice, the highest court in Papua New Guinea, has unanimously ruled that the detention of asylum seekers on Manus Island is unconstitutional. Yet again, Australia has been complicit in its Pacific neighbours (PNG and Nauru) prostituting their Constitutions and undermining the rule of law in exchange for a fistful of dollars, with hapless asylum seekers, most of whom are ultimately proved to be refugees, being left to languish.

    READ MORE
  • AUSTRALIA

    Diagnosing the great Australian sickness

    • Andrew Hamilton
    • 03 March 2016
    9 Comments

    Who better to consult than Dr Hippocrates and his humours? Before Tony Abbott's deposition the choleric element dominated in Australia, full of sound and fury. This has been followed by the preponderance of the sanguine humour, expressing itself in that sunny optimism that makes light of problems. But more recent events suggest that the humours are again in chronic imbalance. The core weakness in the Australian constitution has not been removed with the accession of Malcolm Turnbull.

    READ MORE