The Aftermath: What if The Voice Referendum Does Not Succeed?

• Main Author: Bedford, Narelle
• Format: Article in Journal/Newspaper
• Language: English
• Published: 2023
• Subjects: First Nations
• Online Access: https://research.bond.edu.au/en/publications/30467c2b-d11a-4c1d-84f2-c919103e0303; https://anzlaw.thomsonreuters.com/Document/I9d2999132fb111ee87ae9f742b7e7c0c/View/FullText.html?transitionType=Default&contextData=(sc.Default)&VR=3.0&RS=cblt1.0; https://www.referendum-voice.com.au/legal-analysis-by-the-experts.html#:~:text=The%20Aftermath%3A%20What%20if%20The%20Voice%20Referendum%20Does%20Not%20Succeed%3F&text=Among%20the%20Voice's%20progressive%20critics,Voice%20could%20extinguish%20Indigenous%20sovereignty.

The Uluru Statement from the Heart is an invitation to all Australians. However, should the referendum to amend the Australian Constitution to establish an Aboriginal and Torres Strait Islander Voice be unsuccessful, it would have three problematic legal consequences for public law. This is beyond the inevitably deeply personal, national, and international impacts. The first public law consequence is the continuing silence in the Australian Constitution about First Nations people and a loss of Constitutional confidence. The second is the drift away from co-operative federalism. The third is the sustained absence of expert cultural advice in government decision-making. Great change is not without risk. But that risk is not a reason for retreating fearfully and not trying to do something that matters.