The Ability Of All Citizens To Participate In Politics

The Ability Of All Citizens To Participate In Politics
The ability of all citizens to participate in politics is a fundamental right established by international
law and implemented within Australia (austliii). This ensures effective and active civic participation
within the nation, which Australia, as a democratic country, needs. However, marginalised groups
within Australian society face barriers to their civic engagement, attributable to a number of
hindering factors often out of their control. This essay aims to examine Ian Macfarlane's speech
"I've changed my mind, we picked the wrong date", and its relation to the national issue of
Aboriginal and Torres Strait Islander civic participation, or lack thereof, in Australia.
Ian Macfarlane is a former Australian politician with the Liberal ... Show more content on
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Macfarlane's speech is inherently linked to the notion of civic participation within the Aboriginal
and Torres Strait Islander community. In order to holistically understand civil engagement amongst
Indigenous Australians, we must first look historically at their place within Australia's political
society. Despite being the nation's first inhabitants, Indigenous Australians were not granted the
right to vote until 1962 when the Commonwealth Electoral Act (1918) was amended by the Menzies
Government (refernce). Furthermore, Indigenous Australians were not formally recognised within
the census, nor was the Commonwealth able to make laws in relation to them, until the successful
1967 referendum which amended sections 51 and 127 of the Constitution (refernce). Whilst this was
an important step towards increasing Aboriginal and Torres Strait Islander political participation, it
is still extremely problematic, as it removed all references to Indigenous Australians from the
Constitution completely. The Australian Constitution therefore fails to acknowledge history prior to
settlement, presenting Australia's national narrative as beginning with British arrival (refernce). This
historical misrepresentation of Aboriginals in the Constitution, which is still highly problematic
today, holds the roots of the low levels of civic engagement within the Indigenous community. The
overwhelming Indigenous
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The Australia Legal System
The Australian Legal System
Introduction
All countries are a reflection of their histories and this is very much the case with governmental
structures and the associated legal system. The Australian legal system is based on a fundamental
belief in the rule of law, justice and the independence of the judiciary. All people–Australians and
non–Australians alike–are treated equally before the law and safeguards exist to ensure that people
are not treated arbitrarily or unfairly by governments or officials.
Principles such as procedural fairness, judicial precedent and the separation of powers are
fundamental to Australia's legal system.
The common law system, as developed in the United Kingdom, forms the basis of Australian ...
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Each state and territory court system operates independently. All states have supreme courts and
some also have courts of criminal appeal, which are the highest appellate courts at the state level.
Courts known as 'district' or 'county' courts hear the more serious cases, with a judge presiding over
the court to interpret and determine the law. For more serious charges it is usual for a jury (usually
of 12 people) to determine the guilt or innocence of defendants. Serious offences such as murder,
rape and armed robbery are usually tried in a higher court.
Lesser offences are dealt with in lower courts, known as local or magistrates courts (or courts of
petty sessions), where magistrates determine the guilt or innocence of defendants.
In all cases, defendants are considered to be innocent until proven guilty beyond all reasonable
doubt. There is no death penalty in Australia.
Legal aid and representation
Australian governments recognize that access to legal representation is an important element in
ensuring justice for all. They provide some legal aid for people assessed as being least able to afford
to cover the costs of a court appearance.
The federal Attorney–General's Department is responsible for administering funding for the

provision of legal aid services for federal law matters through legal aid commissions, administering
a Community

Indigenous People Rights
The Australian peoples recognition of indigenous citizens has changed over the last decade. Prior to
the government in charge, Kevin Rudd made a formal public apology to the indigenous people
regarding the stolen generations. As the apology was long overdue, it does not directly confront the
issue within the constitution or legislative shortage of the recognition of indigenous people . As this
essay will demonstrate and concentrate on parts of the constitution in regards to the protection of
indigenous peoples rights. It will demonstrate the 'constitutional movement' and a reformation of the
Australian constitution. This essay will also consider any faults within the 'races power (s51(xxvi)'
and consider the changes to reform determents into benefiting the ... Show more content on
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This would not be the same for Aboriginal People. It was thought that the laws of the sate should
regulate and maintain Aboriginals.
The people from the 21st century now agree that in our day and age this is to be considered to be
clearly racist. The first Australian Prime Minister Sir Edmund Barton, one of the original colleagues
of the high court made his views vibrant in 1897 –1898 Constitutional Convention that the 'race
power' was essential to police the affairs of the people of coloured or inferior races for them who
live within the commonwealth.(University of Western Sydney Law Review [vol 17:13] Professor
George Williams 20 August 2013)
The Constitutional amendment in 1967 brought a 90.77%(Refrence) "yes" vote to have the eight
specific words removed from S 51 (xxvi) (other than the aboriginal race in any state). But
unfortunately this did not mean the change had to be a positive change. Subsequently the scope of
the Race Power prior to the referendum entailed that the indigenous people were excluded from
voting and being citizens of the

The Treatment Of Indigenous Australians
Treatment of Indigenous Australians
Indigenous Australians are the Aboriginal and Torres Strait Islander individuals of Australia,
plummeted from gatherings that existed in Australia and encompassing islands preceding European
colonization. There is incredible assorted qualities among various Indigenous people group and
social orders in Australia, each with its own particular blend of societies, traditions and dialects. In
present–day Australia these gatherings are further separated into nearby communities. At the season
of starting European settlement, more than 250 dialects were talked; it is as of now evaluated that
120 to 145 of these stay being used, and everything except 13 are thought to be endangered.
Aboriginal individuals today generally communicate in English, with Aboriginal expressions and
words being added to make Australian Aboriginal English. Native individuals basically lived as
seeker gatherers, chasing and scavenging for sustenance from the area. Albeit Aboriginal society
was by and large versatile, or semi–itinerant, moving as per the changing sustenance accessibility
found crosswise over various regions as seasons changed, the method of life and material societies
fluctuated incredibly from locale to district, and there were lasting settlements and agriculture in a
few ranges.
English colonization of Australia started with the entry of the First Fleet in Botany Bay in 1788. One
prompt outcome of British settlement was a progression of European pandemic

Changing The Australian Constitution
The Australian constitution is a set of rules laid down for the governance of the nation. These are
rules are afforded special status, in that they can not be over turned in the same manner as other
laws. Constitution law is supreme law in that it overrides other laws. Prior to the Australian
Constitution Act in 1901, Australia was comprised of a set of territories under the rule of the British
Empire. The Australian constitution was formed as a result of representatives from each colony
attending meetings (conventions) in order to draw up a constitution for governing the nation. The
purpose of the constitution is that it is responsible for ensuring correct procedures are used by
government in the creation of legislation. This paper will ... Show more content on Helpwriting.net
...
These disputes are adjudicated in the High Court. One of the roles of the High Court is the
interpretation of the Constitution. The High Court does this when there is a specific case is before
the court requiring a ruling relating to the interpretation of the application of a section of the
Constitution. It does not give advisory opinions. Interpretation of the Constitution has been needed
not only because of disagreements over the meaning and application of particular provisions, but
also because of developments which were not foreseen when the Constitution was written. At the
present time, evidence of how the role of the constitution applies to the governance of Australia, can
be illustrated by the current considerations due in the High Court in determining citizenship
eligibility of parliamentarians. This ruling, dependent upon the High Courts' interpretation of the
constitution, will determine the legality of some parliamentarians to be members of parliament.
Example3: Over site
By having constitutional over–site in matters relating to the implementation of laws, one important
aspect of this role is to ensure that all Australian citizens are treated equally. In particular, the

Challenges To The Australian Constitution
The Australian Constitution creates a highly contemporary federal structure, which means that
intergovernmental relations are very important for the system to operate effectively in which Section
51(xx) of the constitution provides shared powers to state and federal government. The
Commonwealth and states sought to achieve uniform corporate regulation from the 1960s, resulting
in the corporations law.
Today Australia's federalism is facing many challenges , including an ageing population and
intensifying global competition . No government in Australia whether it's a state or commonwealth
can respond successfully to these challenges of national prosperity and economic performance by its
own .Hence needs the intergovernmental cooperation to solve the ... Show more content on
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Professor Ross Garnaut, notes that:
"Every area of policy reform–delivery, delivery of services of all kinds, taxation in general and
reform of the whole range of competition policy issues ends up depending on federal–state financial
issues. ... the next wave of productivity raising reform is going to depend on the quality of federal–
state relations".
1.2 Wrong allocation of Powers by Constitution:
Australia's federation falls well dumpy of the seamless is that our States have primary responsibility
for some functions they shouldn't have – in particular, ones involving cross–border spillovers, such
as the setting of regulations for mining, or food standards, as well as setting rules and regulations for
transport, industrial relations, occupational health and safety.
That means they face the wrong incentives when they make decisions: they think of themselves,
when they should be thinking of Australia as a whole. And their decisions typically result in
multiplicity and disintegration in rules and regulations, thereby leading to unnecessarily high
transaction costs for businesses and

The Freedom Of Speech And Democratic Rights
Legal membership is essential in a country in order for citizens to enjoy the rights, responsibilities
and equity the country has to offer. Many nations across the world have some type of citizenship
model which allows the individuals of a country to enact their political and legal rights destined to
them from birth simply because they are human beings and citizens of such countries. Political and
legal rights are protected and known as first generation negative rights; they include the rights
fundamental to political and legal freedoms. They include political freedoms such as freedom of
speech and democratic voting rights as well as legal rights involving habeas corpus and equality
before the law. Together these rights guarantee open democratic participation and protect individuals
from the abuse of excessive power of the state and other larger groups. Throughout Australian
history the recognition of Indigenous rights have been construed to a large extent. Although
Indigenous Australians still struggle in achieving equal political and legal rights, the recognition of
such rights for the indigenous people have improved and grown substantially as this essay will
prove to show the key event steps which have led and made for the implementation of equality in
political and legal rights for indigenous Australians.
The beginning of the 1960's sparked as a step in the achievement of basic rights for the aboriginal
people. Though the key fundamental stepping stone in recognising

Questions On Business Government And Law
Assignment Coversheet
Faculty of Business Government & Law Student Name Chuol W Chielieth
Student ID number U3132065
Unit name Justice Administration and the Constitution
Unit number 8078
Name of lecturer/tutor Karen King
Assignment name Final Exam
Due date
You must keep a photocopy or electronic copy of your assignment. Student declarations
This is all my own work and other sources are properly credited – I certify that the attached
assignment is my own work. Material drawn from other sources has been appropriately and fully
acknowledged by providing author/creator, source and other bibliographic details. Such referencing
meets unit–specific requirements of format and style.
I know what plagiarism is and how to avoid it – I have completed the Academic Integrity Module in
this unit or another unit or I understand the requirement for full referencing of all material that
comes from another person or source.
This work may be checked electronically for plagiarism – I give permission for my assignment to be
copied, submitted and retained for the electronic checking of plagiarism.
This work may be used for benchmarking – I give permission for my assignment to be copied,
submitted and retained for benchmarking purposes.
Signature of student: ________________________________________________ Date:
____________
Final exam – Justice Administration and Constitution.
Topic: Question 2:
The present Australia constitution was drafted in late 19th century. It then

Historical And Contemporary Situation Of Torres Strait...
I aim to focus on the historical and contemporary situation of Torres Strait Islander and how the
Edward Koiki Mabo (Eddie Mabo) decision has affected them.
History Background
Edward Koiki Mabo (Eddie Mabo) is the Australian Man born in 1936 from Torres Strait Islander
campaigning for Indigenous land rights. His decision for land rights was the legal decision. In 1981,
Mabo gave first speech at the land rights conference at the James Cook University explaining the
traditional land ownership and inheritance system that his community followed on Mer Island. The
lawyer in the conference noted the significance of Mabo's speech and gave a suggestion there
should be a test case to claim land rights through the court system. The case was heard for ten years,
progressing from the Queensland Supreme Court to the high court of Australia. The choice of high
court judgment in the Mabo case came about a clearing the myth of tera nullins and setting up a
legitimate structure for native title by indigenous Australian. People recognize that Indigenous
Australian have a prior claim to land taken by the British Crown since 1770. They were only land
such as vacant crown land, national parks and possibly some leased land, where the lease is
subjected to the Aboriginal and Torres Strait Islander people. It is important because it was the
turning point for the recognition of Aboriginal and People right which acknowledge their unique
connection with land. The judgments of the High Court inserted

The Philosophical View Of Anthropocentrism Essay
Introduction
1788. The year that Indigenous Australians would mark in shame and the rest of Australia would
celebrate. From the perspective of 2016, the events which took place in 1788 were barbaric,
destructive and horrific to say the least. Indigenous Australians were shot, enslaved and stolen by
the early settlers, all because they were seen as inferior, less civilized and were thus, merely savages
for the benefit of a superior kind. The first part of this essay will therefore discuss how the
philosophical view of anthropocentrism was embedded into the early European culture, and how it
justified their actions. Further, it will be shown how a legal pluralism was used to manipulate the
Indigenous Australians, and how it seemingly justified their actions. These philosophical views will
aid in the understanding of why the Indigenous were treated in so harshly, and why they deserve
recognition for their injustices. Further, this discussion will aid in understanding of why the
relationship between the Indigenous and the state has developed in such an undesirable manor.
The second part of this essay will discuss proposed mechanisms which will try and provide
solutions, such as recognition, to the historical wrongs associated with colonisation. These
mechanisms include the proposal of an amendment made to the Constitution, whereby Indigenous
Australians will be granted constitutional recognition. Further, a proposed mechanism is the creation
of a treaty between the Indigenous

Australian Constitution Essay
The framers of the Australian Constitution designed a federal system of government that combined
two fundamentally contrasting political concepts, responsible government drawn from the
Westminster system, and federalism adopted from the American model of government. The framers
objective to protect the independence of the former Australian British colonies after federation is
evident in the records of the National Australasian Convention Debates (1891), and the
Constitutional Assemblies held during the 1890's (Evans 2010, pp. 14–16; Galligan 2001, p. 7; Olds
2015, p. 243). As a result, the Constitution implemented a federal system that comprised of two
separate spheres; State government and Commonwealth government, and a bicameral parliament ...
78; Gussen 2016, p. 404; Parliamentary Education Office (PEO) 2010, vii). Notably, the first judges
appointed to the HCA were delegates to the Constitutional Conventions and strong proponents of
federalism. Consequently, the early approach to constitutional interpretation involved translating the
text with respect to the framers original intentions known as originalism. Essentially, this approach
was influenced by federalist principles that sought to protect the position of the States. (Evans 2010,
p. 10 & 16; Olds 2015, p. 242; Kirby 2003, p. 174; Twomey 2015, p. 98). However, alternative
approaches to constitutional interpretation developed as new judges were appointed, bringing with
them different opinions and views concerning the role of federal government (Olds 2015, p. 242;
Twomey 2015, p. 102). Twomey (2013, p. 102) explains that the new judges appointed to the HCA
did not participate in the Constitutional Conventions, and therefore did not have a contextual
understanding of the framers federal vision. As a consequence, new approaches to interpretation
were introduced, namely literalism, which concentrated on the natural meaning of the text, and
legalism, which applied common law principles to interpretation. In particular, the literalist
approach was evident in the majority's

Hegemony In Australia
Media sources in current culture are construed as important as they communicate the dominant
ideology promoted by the bourgeois which the lower–class public should adhere to as the correct
social norm (Kress, 1988). The medium which these ideologies are shown in are important, as
different medium are used by different cultures. This essay will focus on comparing print with
online media through analysing the Guardian and the Australian from August 31st. This will be done
by looking at the types of news shown in each, the constraints and advantages of each medium,
advertising, the concept of ownership, and the way the media convinces the public of their
ideologies through hegemony.
Newspaper articles can be sorted into the categories of hard ... Show more content on
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As "journalism is built on credibility," (Cassidy, 2007, p. 478) one of the main comparisons between
print and online is the ability that online media provides for following up sources. Cassidy states
that "online journalists .... Make allowances for interactivity, and asses ways of connecting related
stories to each other via hyperlinks," (Cassidy, 2007, p. 482) which can be shown in the Guardian as
stories related to the article can be seen hyperlinked to the left. Similarly by using the Guardian's
online archive, the reader is able to search for previous articles on the subject, as well as look up the
credibility alongside the article. As the Australian is print, the only way to be able to see previous
editions and articles would be to find a collection of the papers. Similarly, the availability of linking
similar texts is constrained to only the stories already mentioned in the current edition, meaning that
if the reader is interested in finding out more on the topic they will have to find another source. The
format of each differs significantly, as the Guardian has each article linked from a quote and
sometimes a picture, and despite the Australian having continued stories on later pages, the format is
constrained to small text boxes. Having articles online allows for large amounts of space and easy to
read text along with a colourful format to

Ethnology. The Story Of Colonized People Has A Similar
Ethnology The story of colonized people has a similar tone in many parts of the world, but the
situation with the colonization of Australia is very similar to the story of the colonization of North
America by the Europeans. Both of these cases share similar issues and outcomes. First off, both
groups are typically generalized as one group – in this case, the Aborigines and the Native
Americans. However, these groups are made up of many smaller clans or tribes that each had a
unique language and culture. Additionally, they both lived in a variety of different areas throughout
their respective continents, and thus it is hard to generalize them. Both the Aborigines and the
Native American were very negatively impacted by European ... Show more content on
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Many of them live in high rate of poverty, similar to other indigenous groups around the world. As
of 2013, the disposable income of an indigenous person in Australia is about 70% of that of a non–
indigenous person. This can be contributed to the fact that non–indigenous people have much better
access to education, especially at the university level, and also to racial discrimination. Their lower
income means that they often live in very poor conditions – according to an article published by the
Australian Broadcasting Corporation, their conditions can often be deemed 'fifth world'. Many of
Aboriginal people in Central Australia are living in 'humpies', which are huts often constructed from
tree bark and branches, or shelters made from old car bodies. Alan Hudson, a former government
business manager, says that there was little improvement to the living conditions from the 1970s to
today.
Another problem that many Aboriginal people face is overcrowding of houses. In the Aboriginal
community on Palm Island, the average number of people to one house is seventeen, and about 27%
of the population of Aboriginals live in overcrowded houses. The more remote the Aboriginal
community is, the more likely they are to suffer from poor living conditions. In 2006, the UN
declared that Australia had the worst Indigenous housing conditions in world.
The conditions which these people live in leads them to higher

Analysis Of The Aboriginal And Torres Strait Islander...
This article speaks of The Aboriginal and Torres Strait Islander leaders have rejecting the idea of
constitutional recognition at the Uluru convention held recently and they push for a constitutionally
enshrined Indigenous voice in the Australian Parliament and a commission that will hopefully lead
to a treaty. More than 250 community leaders came together for the Uluru conference in discussing
the future and what seemed to be the biggest topic, changes made in recognizing the Aboriginal and
Toress Strait Islander people in the Australian constitution. Per the article, The Aboriginal and
Torres Strait Islander leaders have rejected the idea of constitutional recognition and will instead
push for a constitutionally enshrined Indigenous ... Show more content on Helpwriting.net ...
It needs to be more of substance in what changes then in terms of the statistical deficits of
Aboriginal and Torres Strait Islander people in those socio–economic factors, in levels of health,
incarceration, education and there has been too much tension for years between Australia
government and the Aboriginals (Wahlquist, 2017). There many problems but the biggest are: The
government has not acknowledged them as a people and nor rights of land ownership. In 1980,
Leaders of the Aboriginals began to block exploration of land that was considered sacred and from
their ancestors (The Austral Realm: Australia Challenges, 2014)
A council was put together in 2015, to give input on how to move toward constitutional reform.
Along with a statement of recognition it was also noted that modifying the Commonwealths
lawmaking in Indigenous affairs and prohibiting racial discrimination including disqualifying
people from voting based on their race (Calapilla, 2017). The Uluru meeting is not for everyone.
There is extensive consulting by the council who goes through a process to ensure that Indigenous
Australians and non–Indigenous Australians views on the topics especially on what being
recognized means to each group. They also ensured that there was a balance of all groups, ages and
genders to be fair and to be sure that all local communities were being represented. After selection,
there are workshops and discussion over a

Indigenous Australians
Australian aboriginals are a group of people who are deemed to be the indigenous occupants of
Australia. The Australian High Court appreciated them to share a common as well as biological
ancestry as Australia's original occupants (de Plevitz, & Croft, 2003). There has however been a lot
of ignorance with reference to this group of people more so from the Australians. This has mostly
been due to ignorance of these people with most arguments and opinions based on myths (Morphy,
& Morphy, 1984, p.459–478).
Australia has enjoyed over a century since it gained its Federation status from its colonizers, having
joined the Commonwealth in 1901 (Le Roy, & Saunders, 2005, pp. 7–9.). Despite this, the status of
its ... Show more content on Helpwriting.net ...
To this end, they came up with further recommendations to enhance the reconciliation process
amongst them being to abolish all racial discriminative elements that still existed out of the 1901
constitution. They also recommended that a new Preamble be set forth that would recognize the
Aboriginal as well as their fellow native tribes as being the original residents of the State. Their final
proposal was directed towards the insurance of enactment of legislation that would enshrine
processes that would forge forth means of uniting the entire state of Australia by way of agreement
or treaty. These treaty or agreement would further ensure the resolving of any issues that detracted
reconciliation.
All these are clear indications that the Australians failed to relate and know the aboriginal people.
Had this been so, there then would have raised no demand for a treaty at the end of reconciliation.
The demand has thus made the establishment as well as the operations of the Council for Aboriginal
Reconciliation more or less an irony. This is due to the fact that the same had been in place as a
political response to the failed attempts to come up with a proposal treaty. These attempts and
enactment of the council had been predeceased by the Bicentenary of European settlement/invasion
that was held in 1988.
Such lack of recognition has also been reflected by the ignorance and or deliberate attempts to

Charles Perkins Aboriginal Rights
Charles Perkins and Indigenous Rights.
Charles Perkins had a significant impact on Australian history, specifically Aboriginal rights, during
the post–war era. Perkins, born in 1936, spent his early childhood in a police–patrolled compound in
Alice Springs. He was not part of the stolen generation in the sense that he was not forcibly
removed from his mother, however, he did spend his childhood and adolescence away from his
family. Perkins reported having an unhappy childhood, suffering from racial vilification and social
alienation, he was generally being treated as a second–class citizen by his peers. This childhood
motivated him to go to university and eventually help other indigenous Australians to follow suit.
After Perkins went to the University of Sydney, from where he graduated in 1965 with a Bachelor of
Arts he eventually ... Show more content on Helpwriting.net ...
The original 'Freedom Rides' in the American South were a series of student political protests which
took the form of bus trips through the southern states. Student volunteers, both African American
and white, rode interstate into the pro–segregationist South. This eventually led to violent protest
and hostility which also increased public awareness of racism in society. Through this extensive
media coverage, protests in support of the Civil Rights movement occurred in Australia as well,
supporting the Civil Rights Bill which was being considered by the US Congress.
Inspired by events in the US, he led the Student Action for Aborigines group on the first 'Freedom
Ride', a bus trip designed to protest and bring to attention to the racial discrimination that was rife in
rural communities. To bring attention to the dispossession of aboriginal land, the extremely poor
conditions on the reserves aboriginals were forced to live on and the lack of amenities

Australian And International Legal Systems
Human rights are the recognition of basic rights and freedoms believed to justifiably belong to all
human beings.
When studying human rights for indigenous Australians now it is vital to also consider this issue in
an historical context. The profound injustices since white settlement have left deep scars which are
ever present today.
The new settlers followed the legal approach that the land was not "owned" before white settlement
(Terra Nullius, meaning "nobody's land") and therefore was theirs for the taking. They not only
inflicted systematic physical and mental abuse but they fenced Indigenous Australians out of their
land, which had and has an impact that is difficult for non–indigenous Australians to comprehend.
In evaluating both Australian and International legal systems and how effective they have been in
addressing justice for our indigenous people, the starting document is the Australian Constitution.
Our Constitution conspicuously fails to recognize the rights of Australia's indigenous peoples.
No indigenous Australians were involved in the development of the Constitution.
In the 20th Century indigenous Australian children were forcibly removed from their families under
Acts of both Federal and State governments. This practice occurred between approximately 1905
and 1969. These Acts of Parliament were clearly discriminatory and created what became known as
"the stolen generation".
In 1962 the Commonwealth legislated to ensure indigenous Australians had

The United States And Australian Constitutions
The United States and Australian constitutions have their share of similarities and differences. While
they both have the same aim and goals, they are still two different countries with their own views,
constitutions, and types of of government, and of course different approaches. As I go deeper into
this I will explain how the constitutions are so similar yet so different. There are several similarities
contained within the preambles of the Australian and United States constitutions. Immediately, they
both tell of the people and their states which will be affected and governed by the constitution which
follows. Next, they say they have agreed to come together to create a union of some form. In
addition, they both end the opening of the ... Show more content on Helpwriting.net ...
Lastly, the constitution of Australia continues to discuss the admission of other colonies belonging
to the Queen. A branch is contained within most governments and constitutions is the Legislative
branch, and the United States and Australia are no exceptions. The similarities of the first part or
article, which addresses the Legislative branches of the governments, is they both have a form of
Congress, although in Australia it is known as Parliament. The constitutions determine this when
they say "All legislative Powers herein granted shall be vested in a Congress" (U.S. Const. art. I, §
1), in reference to the constitution of the United States, and "The legislative power of the
Commonwealth shall be vested in the Federal Parliament" (Aust. Const. part I, § 1), as said in the
Australian constitution. Also, within the Congress or Parliament exists a Senate and a House of
Representatives, and the constitutions both govern the Senate will provide equal representation each
state, while the House of Representatives shall represent each state by population. They also possess
a similarity when governing the terms of office for those in the House of Representatives and
Senate. For example, in either country the members of the Senate are elected for a six year term. In
the United States the Senate contains two senators for every state, and for Australia the Senate is
composed six senators for each original state. Additionally, in the Australian Senate

Separation Of Judicial Power And The Australian Constitution
The separation of power doctrine is properly speaking a doctrine not so much about the separation
of function as about the separation of functionaries. In case of commonwealth it represents an
intermediate position between the governmental systems the United States of America and the
United Kingdom each of which in some measure serve as a model for the Australian constitution.
The effect of relative absence of power separation of power between legislative and executive
functions of government, the effect of the strict demarcation of judicial power and the content of
judicial power. Although the separation of power has divided power and function each body it is
very hard to implement them in the complex modern community. The countries which ... Show
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The boil makers case and others such as Drake vs minster for immigration and ethnic affairs in the
case it was held by the federal court of Australia that it is not unconstitutional for a federal judge to
be appointed in a personal capacity as a member of the administrative appeal tribunal. In many
cases it has been evident that the absolute separation of power cannot be done in the practical
scenario as easily as in theory because of the complex nature of society and the clashes or influence
of three bodies on the function of each other is very much possible and certain. For instance judges
questioned their function and task outside their judicial power for executing congress regulating
claims to invalid pension. In recent time in some cases it also viewed that high court is playing
political role in Australia as evidenced by its interpretation of the Constitution in

Recognition In Australia
Verbal Report
By Mark Lushchayev
Many people across Australia regardless of being indigenous or not, have been asking for
recognition for decades now. The formal process examining of how to achieve recognition has been
ongoing since 2011. There have been two expert committees that have reported on the next steps
working towards a meaningful and successful referendum for constitutional recognition and
amendment of sections 26 and 51 for example. There are many ways in which a law or system of
laws or values potentially may be 'recognised'. At a grounded level, to say that Australian law
should 'recognise' Aboriginal customary laws is to say that it should acknowledge them and their
existence. This sense of 'recognition', though not a specifically ... Show more content on
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At the point when the Australian Constitution was being drafted Aboriginal and Torres Strait
Islander people groups were rejected from the talks concerning the production of another country to
be arranged on their inherited grounds and regions. The Australian Constitution additionally
explicitly victimized Aboriginal and Torres Strait Islander people groups. The Australian
Constitution did not – and still does not – make satisfactory arrangement for Australia's first people
groups. The Australian Constitution has neglected to secure Aboriginal and Torres Strait Islander
rights as the principal people groups of this country. For instance, the Racial Discrimination Act
1975, has been traded off on three events: every time it has included Aboriginal and Torres Strait
Islander issues. As of late, the Constitution did not keep the suspension of the RDA for the Northern
Territory Emergency Response. Hence, it was incapable in shielding people groups from the most
major of all flexibilities, the opportunity from segregation and discrimination. Recognition of laws
custom to the Indigenous through common law rules for the recognition of local custom or
communal native title is very brief and underwhelming, and is incompetent to face the questions
raised by the Commission's Terms of Reference. Arguments in

Constitutional Recognition: Aboriginals In Australia
Constitutional Recognition is about the Aboriginal and Torres Strait Islander people wanting to be
recognised in the Australian Constitution. As the first people in our nation, they should be
recognised and treated as equals. The Constitution is the founding legal document of our nation. It
sets out the rules of Parliament and how lawmakers, government and courts operate. The
Constitution was approved at Referendum by the people in the Australian Colonies between 1898
and 1900 and came into effect on the 1st of January 1901. In the late 1890s, all capital
cities/Australian colonies had been established and were responsible for their self–government,
including the Aborigines within their territory. Sydney was over 100 years old and Hobart was

Australian 's Constitution : The Founding Political And...
Australian's Constitution is the founding political and legal document of our nation. It underpins the
system of government and the federal laws by which our country is run. The Constitution was
written over a century ago and was shaped by the values and beliefs of the time, the Aboriginal or
Torres Strait Islander people were not recognised at all. In fact the only mention of the Indigenous
people was to exclude them. Most Australian people in society today would be shocked to know that
the Constitution actually allows discrimination against the Indigenous people. Since Indigenous
people are still not recognised in the Constitution there is growing support for the Constitution to be
amended in order to recognise the Indigenous people of ... Show more content on Helpwriting.net ...
The section will also pay respect to culture, language and heritage, and state that the government
can only make laws to the benefit of Aboriginal people.
Change section 116 to specifically prohibit racial discrimination for all Australians. This will forbid
any government from discriminating against a person based on race, colour, ethnicity or national
origin.
Amend section 127 for recognition of languages and to acknowledge and protect the role that
languages have in Aboriginal communities (Australian Government, 2015. Constitutional reform:
FAQs – Towards a successful referendum)
There is no specific reference to Aboriginal and Torres Strait Islander people in Australia 's
constitution. Advocates argue recognition of Indigenous Australians in the founding document is
vital, both symbolically and practically. By amending the constitution the nation will advance
further along the road to reconciliation, this act based on the respect for the dignity and humanity of
the Indigenous people will form a crucial part in moving towards a reconciled Australia (Australian
Government, 2015). In all of Australia's history there has never been a moment in which our nation
has formally recognised the Aboriginal or Torres Strait Islander people as the first people of this
country. During the referendums that may occur to alter the constitution the

Essay The Australian Constitution
The Australian Constitution
The founding fathers of Australia could never have predicted the society that was to come.
However, the constitution– the most important document of the land– stands today with only 8
changes to the words after over 100 years of use. The constitution is not without flaws; the rights
outlined in the document are far from clear, which hampers the knowledge of the public about their
rights. However, this does not mean that the rights are not upheld in Australia. Sir Robert Menzies
suggests, "The rights of individuals [in Australia] are as adequately protected as they are in any
other country in the world" (1967). A bill of rights in Australia would provide a stable set of ... Show
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This however, places a great deal of power in judges that have not been democratically elected or
accepted by the public. This could create a situation where a great deal of faith must be put in the
judges to uphold social values and standards. Judges have absolutely no motivation to act within the
public's beliefs, as they are not accountable for their decisions or judgments. In parliament, if a law
is made that the public is unhappy with, it is likely that the government of the day will be dismissed
in the next election. This clearly cannot occur within the courts as the judges can stay on the high
court bench until the retirement age of 65. The constitution allows both the parliament and the
courts to have an appropriate amount of power, with neither having too much or too little. This
division provides a well functioning system that ensures that no body has absolute power.
As a result of this power shift to the judges, the government of the day would be under an obligation
to work around the entrenched bill of rights. This would enhance the lawmaking of parliament as it
would give them a set of guidelines to work within, whilst providing a safeguard (the courts) to
ensure these rights are upheld. Parliament would have to consider the bill of rights every time
legislation was

Reconciliation Action Plan
Reconciliation Action Plan The goals and visions behind my reconciliation action plan was to bring
the two sides of Aboriginal and non–Aboriginal Australians together in equality and harmony. Since
the colonisation of Australia there has been a vast divide between the two sides that has caused
many serious outcomes for Aboriginal people. My way of contributing to this is to create a better
understanding, restore trust and eradicate racism as a positive way to help close the gap between
Aboriginal and non–Aboriginal Australia's. The reason for this report was to explain the steps that
were taken to create and implement this action plan and the outcomes. My three actions were
established to help carry out my vision of bringing together ... Show more content on
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For my first event I took a friend to a movie night hosted by the Notre Dame Student Association
and students from the Aboriginal People unit. They organised a free viewing a movie by John Pilger
called Utopia and a follow up survey. This extraordinary film gives a deep insight into the First
Australians struggles of harsh dispossession and the ongoing deaths and poverty. Pilger puts the
hard word on many members of the Australian government who are responsible for many deaths,
explorations, betrayals and breaches to Aboriginal peoples human rights. This film was very moving
and had a great impact on myself who had already studied a lot of this content but seeing it again in
a different way opened my eyes even more to the sadness and grief suffered by Aboriginal people
due to discrimination and lack of justice. As for my friend she was greatly saddened and shocked by
what she has seen. Coming from a very English background she expressed feeling somewhat guilty
about what had happened and how disappointed she was in the Australian government on this
matter. The movie inspired a lengthy conversation about the importance of righting past wrongs for
Aboriginal people and spreading awareness to her family and friends. It was also interesting to
discover that when moving to Australian from England in 2010 that she had noticed a great deal of
racism towards

"The Australian Constitution was drafted at a series of constitutional conventions held in the 1890s.
It was passed by the British Parliament as part of the Commonwealth of Australia Constitution Act
1900 and took effect on 1 January 1901. The Constitution is the legal framework for how Australia
is governed and it can only be changed by referendum."
"A constitution is a set of rules by which a country or state is run."
Some countries have unwritten constitutions which means there is no formal constitution written in
one particular document. Their constitutional rules are derived from a number of sources. Britain
sources its constitution from a number of important statutes, or laws, as well as principles decided in
legal cases and conventions. New Zealand and Israel are two other countries that do not have formal
written constitutions.
Other countries have formal written constitutions in which the structure of government is defined
and the respective powers of the nation and the states are written in one single document. These
systems may also include unwritten conventions and constitutional law, which can inform how the
constitution is interpreted. Australia, India and the United States are examples of countries with a
written constitution.
Some constitutions may be amended without any special procedure. The documents that make up
the New Zealand Constitution may be amended simply by a majority vote of its Parliament. In other
countries a special procedure must be followed

The Australian Constitution Essay
Will Australia become a republic in the next twenty years? This is a difficult question to speculate
on. The main area of law governing this issue is section 128 of the Commonwealth of Australia
Constitution Act 1900 (U.K). Other issues in this debate are regarding appointment, termination and
the powers to be awarded to the proposed Head of State, and the impact the change will have on the
States. Examining the history of Australian Legislative powers, and reasons why Australians would
want to change, is also useful when speculating on this issue.
The Colonial Laws Validity Act 1865 emphasized self–government in the colonies, although
denying them the power to amend or repeal British law. (Enright ... Show more content on
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(Chisholm et.al 1997,p.68) There is a feeling that for Australia to be truly independent, the ties with
England would need to be severed. (Mack, K., in Corkery et.al 1998, p.34) One view would be to
simply abolish the Monarchy. (Winterton, G., in Stephenson et.al 1994, p.17) However, others might
say that our current system is already mostly Republican with the only Monarchial elements
remaining being the concentration of Royal powers in the Ministry.
(http://www.aph.gov.au/senate/general/republic.htm#aussie)
In any event, 'severing the Royal ties' is not that easy, as amendments to the Australian Constitution
Acts 1900(U.K) can only be passed in Parliament in accordance with section 128. (Chisholm et.al
1997, p.61)
Section 128 prescribes that changes can only be implemented by referendum. To hold a referendum
a Bill needs to be passed through the Commonwealth Parliament to authorize it. Once authorized, a
majority of votes, as well as a majority of States is required. This dual criterion has proven difficult
to achieve, with only eight referendums being successful since Federation. (Brown et.al 2000, p.p.
68–69 and Chisholm et.al 1997, p.64)
If a referendum is successful, the Governor–General will need to assent to the Bill to become an
Act. Moreover, since the referendum effectively abolishes the Office of the Governor–General,
alternative arrangements could be needed to be

Equality Between Indigenous And Non Indigenous Australians
Australia has achieved to a certain extent equality between Indigenous and non–indigenous
Australians. While many Aboriginal civil rights have been won, Work still needs to be done to
achieve equality between Indigenous and non–Indigenous people. Equality has been achieved for
Indigenous Australians from the following events; The right to vote 1962, The 1967 Referendum,
Acknowledgement of the stolen Generation 1920s – 1970s, Apology 2008, and Closing the Gap
2008.
Due to our varied history, the date 26th January has a different meaning. For some it is a celebration
of the landing of the first fleet at Sydney Cove (1788). To others it is marked by the civic
celebrations of the Order of Australia and Australian of the Year. However this ... Show more
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The first phase of the Post–World War II Aboriginal rights movement was focused on the political
and civil rights of Australia's Indigenous people. Because of this, issues of the law, citizenship,
voting rights and the role of the federal government were important.
(The right to vote 1962) The British system was that when they conquered a country, the previously
existing law of that country would remain in force. Places which were peacefully settled would have
British law applied to them. The British said that New South Wales had been peacefully settled, and
that therefore indigenous law would be displaced by British law – although it is unlikely that the
first white settlers acknowledged that there was a system of Indigenous law anyway.
The new Commonwealth of Australia came into existence on 1 January 1901.
Service in the armed forces by Aborigines and Torres Strait Islanders during World War Two was a
powerful argument in favor of their right to vote. Many people felt 'if they were good enough to
fight and die for their country, they are good enough to vote in its elections'. In 1949 there was a
compromise – the Commonwealth Parliament granted the right to vote in federal elections to
Indigenous people who had completed military service or who already had the right to vote in their
state (Commonwealth Electoral Act 1949).
In March 1962 the Commonwealth Electoral Act was amended to provide that Indigenous people
could enroll to

The Creation of Federal Laws in Australia
The Creation of Federal Laws in Australia The Commonwealth of Australia was created with the
1901 unification of six recently independent British colonies. All were solidified under the
authorship of a Constitution that same year which predicated the form of government and the legal
orientation of the new nation. (AG, p. 1) In doing so, it also vested the power to create federal laws
in Australian Parliament and, in one sense, gave it exclusive authority to do so. And in this sense,
one might render the interpretation that "one advantage Australia has is that it has a written
constitution which gives nearly all the power to make laws for Australia to the Commonwealth
Parliament." However, a more complete understanding of the structure of Australian law suggests
that this is a great understatement and one which does not make full accounting for the roles played
either by the states that are confederated to make up Australia or by the judicial branch of the federal
government. A consideration of the roles played by Parliament, the states and the court systems
reveals that in fact, while the power to legislate laws is entrusted in Australian parliament, this
entitlement is only possible through an interdependence with these other dimensions of the
government. First, it is appropriate to examine the conditions that will have allowed for one to make
the blanket statement quoted here above. Namely, the Australian Government (AG)(2011)
documents that Section 51 of the

How Did The Constitution Unite Australia
Since the time of the first fleet until now, Australian law has been divided between two types of
Australians, the settlers and the indigenous. Since the time of the first fleet, the settlers put into
place English law to rule the land known as Australia and make laws on the rights of the people, the
indigenous and the land. Since then, Australian law has come a long way in the development of a
fairer constitution and enacting laws for the indigenous to close the gap between them and the
settlers.
There has been many landmark rulings in the fight for equality for the indigenous community,
including the case of Mabo and the case of Wik, all of which will be discussed further on. The
Australian Constitution was expected to unite Australia under the first and ... Show more content on
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The Australian Constitution likewise explicitly victimised Aboriginal and Torres Strait Islander
people groups. The Australian Constitution did not – and still does not – make satisfactory
procurement for Australia's first peoples. In the fight for recognition, the Indigenous Australians
have managed to win landmark cases, as mentioned above, to place themselves in the constitution
and close the gap.
In the case of Mabo v Queensland 1992, it was a case on whether the Meriam people had customary
and traditional rights in the land the Murray Islands, and whether or not the Australian law protected
those rights.
It was held by the High Court of Australia that the Meriam people were entitled to the possession,
use and occupation and enjoyment of the land of the Murray Islands. Through this landmark case,
the recognition of the Indigenous people was finally acknowledged, removing the original doctrine
that Australia was terra nullius at the time of the first

Aboriginal Rights Of Aboriginal People
In 1967, a landmark event occurred for the Indigenous Community of Australia. They were no
longer declared Flora and Fauna This means that Aboriginal people would be considered a part of
the landscape and not humans in their own right.. In 1967, a Referendum was held by all members
of Australian society voting on the issue of allowing Indigenous Australian to be a part of the census
and thereby able to vote and be counted as part of Australia's population. This achieved not only
citizenship for Aboriginal people, but put the issue of Indigenous Rights on both the political and
social platforms. This essay will look at the lead up to the Referendum, how Aborigines and their
supporters communicated their belief in their rights to the ... Show more content on Helpwriting.net
...
After this time, many atrocities occurred, such as the fact that Aboriginals were often killed for
sport, and massacres such as Myall Creek were occurring, where 28 Aboriginal men, women and
children were murdered near Myall Creek Station in 1838. There was also the problem of the Stolen
Generation, when Aboriginal children were forcibly taken from their homes to be raised as though
they were white. It was only recently in 2008, that Kevin Rudd, the Prime Minister of Australia at
the time, apologised for the actions that the government had undertaken. In another apologetic
move, Prime Minister Paul Keating delivered a powerful speech regarding the fact that Aboriginal
Communities were still segregated despite the fact that laws had been changed a number of years
ago. This shows that the idea of atonement by Australia is quite a new topic. Does this prove the
challenges that Aboriginal's faced nearly 200 years ago are still present in today's society? It was
enough to force the Aboriginal men, women and children to begin act in support of their rights.
Following World War II, Australia was split in two. The majority of people were those that lived in
houses which had both power and water. However, the Indigenous minority of Australia was not so
lucky. They were not eligible for the same benefits that the White citizens of Australia

The Australian Constitution And The Separation Of Power
The Australian Constitution is a rich amalgam of various classical political principles. The concepts
of the Rule of Law and the doctrine of the Separation of Powers evident in Montesquieu's Spirit of
the Laws are both salient examples of political theses that are central to Australian Constitutional
Law. The structure of the Constitution itself and decisions of the High Court of Australia
unequivocally validate the entrenchment of the doctrine separation of powers in the Commonwealth
Constitution . In particular, the High Court has applied this with relative rigour with respect to the
separation of judicial power. The separation of the judicial power is fundamentally critical to
upholding the rule of law. The High Court in Wilson v Minister for Aboriginal Affairs noted that
"the separation of the judicial function...advances two constitutional objectives: the guarantee of
liberty and, to that end, the independence of Chapter III judges" . Kitto J in R v Davidson also
identified that the judiciary should be subject to no other authority but the law itself . This is a
critical aspect ensuring the concept of legal equality is upheld. Therefore, its role clearly extends to
providing checks and balances on the exercise of power by the legislative and executive arms of
government . This ensures the liberty of the law and limits the abuse of the judicial system. Judicial
Power is defined as "the power which every sovereign must of necessity have to decide between its
subjects

The Australian Constitution And The Use Of Convention Essay
The Constitution of Australia is a written document, which came into effect when the six colonies
federated to form the Commonwealth of Australia in 1901. It consists of eight chapters and 128
sections and lays down a set of laws or restraints by which the Federal Government must operate. It
establishes the composition, procedures, functions, and powers of government, government
authorities, such as the Governor General and other essential institutions. The Constitution is the
basic framework for a civilised and well–governed Australia. However in the recent past, reason for
parliamentary and federal concern has been thrust into the limelight. In addition, there has been a
growing need for judicial interpretation and the ever–present ... Show more content on
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Chapter 8, the final chapter, describes the process by which the constitution may be changed.
Despite the Constitution's role as the structure of Australian political procedure and indeed the very
fabric of Australian society, in the past there have been reasons for federal and parliamentary
concern. The growing number of Federal powers and the diminishing number of states powers, is of
immense concern to the state parliaments. A great many Commonwealth powers, under section 51,
are concurrent with those of the states, and it is by this that the Commonwealth has been able to
extend its control. Section 109 states that if Commonwealth legislation conflicts with state
legislation, the Commonwealth immediately takes precedence, thus encroaching on what was once
state political territory. In recent years there has also been growing concern over the role and powers
of the Senate. Under section 53 the Senate is not able to introduce or amend money or taxation
legislation, these powers reside in the H of Reps alone. In all other aspects the Senate is on equal
terms with the H of Reps. However the Senate can simply reject, defer or refuse to pass money bills.
The implications of this are massive, without the Supply Bills, there is no money for government or
the Public Service. The powers of the governor general have also caused some unease. In effect the
constitution give the G–G the power to be government. The man/woman has the power to dissolve
government, is the

Civic Participation In Australia
The ability of all citizens to participate in politics is a fundamental right established by international
law and implemented within Australia (Reconciliation Australia, 2001). This ensures effective and
active civic participation within the nation, which Australia, as a democratic country, needs.
Analysis of Ian Macfarlane's speech "I've changed my mind, we picked the wrong date" reveals
much about the accessibility and effectiveness of civic participation for different groups within
Australian society. It demonstrates that marginalised groups within Australia, specifically the
Aboriginal and Torres Strait Islander community, face many barriers to the accessibility and
effectiveness of their civic participation, attributable to a number of ... Show more content on
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It sparked further debate from more traditional and conservative readers of The Australian and past
colleagues from Macfarlane's political career. Deputy Prime Minister Barnaby Joyce said those who
wanted to change the date should "crawl under a rock", believing the conversation was an example
of "political correctness gone mad", as he is tired of people 'weeping' about Australia Day when they
live in a nation that is democratic, has free education and basic free health (Kelly, 2017). However,
these luxuries of Australia as a democratic nation, are not always fully extended to, or accessible by,
the Aboriginal community, further highlighting the importance of this speech and the need for
change. Treasurer Scott Morrison agreed with Joyce, seeing no need to change the date (Bickers,
2017). Whilst Prime Minster Malcolm Turnbull paid respects to the Aboriginal and Torres Strait
Islander population at a citizenship ceremony in Canberra, he too explains that his government does
not support changing the date (Kelly, 2017). Thus while Macfarlane's speech has not yet resulted in
a tangible, sanctioned change, the highly public and audible discussion it has initiated from a range
of perspectives and groups within society is a necessary avenue for progression. It further highlights
that the opinions and perspectives of Indigenous Australians, and what they wish to achieve through
civic participation, is strengthened and progressed through the support of more prominent figures
within Australian

Aboriginal Rights In Australia
Across the world, countries such as New Zealand and Canada recognise their Indigenous cultures in
their respective constitutions. Indigenous Australians don't have this same treatment, with there
being no mention of indigenous peoples in the Australian Constitution. Currently in all forms of
Australian Government, there is a formal 'Acknowledgement of Country' before proceedings,
though this remains a formality rather than a necessity. The Australian Government also introduced
the Native Title Act (1993), which repeals the title of 'Terra Nullius' (no–man's land) that was given
to Australia at the time of British discovery. The Native Title Act also presents a process in which
Indigenous Australians can make claims onto land that they can prove to be culturally significant to
their respective tribe or community. Furthermore, 'Sorry Day' and 'Reconciliation Day', which are
both nationally recognised events that commemorate and pay respects to the Indigenous people
mistreated in the past. ... Show more content on Helpwriting.net ...
The lack there of would thereby mean that Australia is in breach of International Law. Furthermore,
Article One of the United Nations Declaration of Human Rights (UNDHR) states that "[a]ll human
beings are born free and equal in dignity and rights." The exclusion of Indigenous Australians and
their rightful ownership of Australia is clearly the Australian Government depriving said Indigenous
Australians of the respect and dignity they

Australian Constitution Research Paper
Paragraph 1 –
The Australian Constitution is a set of rules by which the country or state is run, and it first took
effect on the 1st January 1901. Before the Constitution, Australia was not classed as a nation. The
Australian Constitution is the set of rules that Australia is run by. Australian people vote for the
nation–wide constitution in a series of referendums (a general public vote used to approve). The
constitution was written Australia to be classed as a nation. The Australian Constitution establishes
the structure of the Australian Government, and displays and describes how it works, what power it
has, how federal and state parliaments share power and the different roles of the Executive
Government and the High Court. In section ... Show more content on Helpwriting.net ...
An example of this is the Anti–Bikie Legislation. The Anti–Bikie Legislation discriminates against
any males who look like they could possibly be a part of a bikie gang, meaning they have beards,
tattoos and a motorbike in a group of three or more. This is breaching the International Human
Rights, in Article 9 (No one should be subjected to arbitrary arrest) and Article 11 (Everyone
charged with a penal offence has the right to be presumed innocent until proven guilty). This is cruel
and unfair punishment, as it is targeting innocent (until proven guilty)

Indigenous Dispossession Case Study
The Australian legal system and constitution has evolved throughout time. The Australian
government has introduced referendum into the legal system which has assisted in halting the
dispossession against indigenous Australians. This referendum allowed Indigenous Australians to be
including in the citizens of Australia's census figures. In addition, this was the same year, that a new
policy was introduced, which disallowed Indigenous child abduction, which hereby allowed
indigenous families to stay in unity. The main discussion points regarding whether dispossession
related acts against Indigenous Australians occur include; the 1967 Constitutional
amendment/referendum and the structure of the Australian legal system and how it was created, a ...
This campaign is to assist in aiding discrimination that may be in the Australian legal system, and to
further push the importance of not discriminating against Indigenous Australians. Additionally, this
campaign pushes to promote the significance of the first chapter of Australia's history, and to bring
all citizens together and unite (RECOGNISE, 2017). The RECOGNISE campaign is a good
beginning to a more non–discriminatory legal system, however more action needs to take place. The
RECOGNISE campaign is not directly correlated with the Australian legal system, however it is
sanctioned and enforced as previously stated by reconciliation Australia. Reconciliation Australia is
supported by the Australian government, department of social service and department of human
services. This is an important component of this act to recognise, as it displays that the government,
and the legal system support and adhere by the non–discriminatory nature of this

Social Justice Movement In Australia
ABSTRUCT
This report investigates a social justice movement "Recognise", a passionate group dedicated to
change the Australian Constitution, a document that unites all Australians.
Recognise aims to raise awareness about the exclusion of Aboriginal and Torres Strait Islanders
(ATSI) people from the constitution and to deal with the racial discrimination in it
A qualitative research method approach guided this report. This included attending a forum, survey
via survey monkey, conduct an interview, and reading peer–reviewed journals and the "Recognise"
webpage.
The referendum has not yet happened. However, "Recognise" currently continues to promote
awareness and gain support.
INTRODUCTION
This report investigates the social justice issue surrounding ... Show more content on
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Yet, discrimination is clear in the Commonwealth of Australia Constitution Act 1900 s 25, which
states, 'that by the law of any State all persons of any race can be disqualified from voting at
elections'. However, according to the Racial Discrimination Act 1975, being excluded or restricted
based on race is unlawful. The National Pro Bono Resource Centre, (2011) agrees that the
discrimination and rights of Aboriginal people are still violated against.
In 1967, a vote of 90%, in favor of a referendum removed some discriminatory references. (Wright
2014) This was the most successful constitutional referendum in Australia. "Recognise" has a wide
support across the Australian communities and the political sector. It has the momentum to continue
informing the public until a referendum is held and recognition is achieved.
Observing the level of the engagement on the forum day that was attended, was positive and strong.
Each participant had the voices heard and raised concerns. Recognise forums are about engaging
and educating the communities and gain support for discrimination to be removed and recognition
to be gained in the

Separation Of Power In The Australian Constitution
A constitution is a set of rules and regulations by which a country is operate. The Australian
Constitution is one of the most important documents for Australian government. It was passed by
the British Parliament as a part of the Commonwealth of Australia Constitution Act 1900 and took
effect on 1 January 1901 (Commonwealth of Australia Constitution Act 1910). It defines the
structure, power, and procedure and defines the rules and obligation of the states. The
Commonwealth Constitution provides a legal framework for the creation of the Commonwealth
parliament and outlines the structure of parliament. The Commonwealth of Australia Constitution
Act granted permission to six colonies: New South Wales, Victoria, Queensland, South Australia,
Western Australia and Tasmania to form their own Commonwealth government in accordance with
the constitution (Commonwealth of Australia Constitution Act 1910).
The separation of power describes the way in which the law gives power to the arms of government.
The separation of the power certifies that the government stays honest and equitable by creating
checks and balances on the use of power. The separation of power divides the tasks of the states into
three branches: legislative, executive and judicial (Seland, D 2016). The purpose of separation of
power is to balance and limit government power. The separation of power is a fundamental principle
of law that maintains all three organs of government separate. The separation of

The Ability Of All Citizens To Participate In Politics

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