Unfinished business: addressing Australia’s constitutional gap and the non- recognition of First Nations peoples from the perspectives of international law and multinational federalism

• Main Author: Challenor, Bonina Rosanne
• Format: Master Thesis
• Language: English
• Published: 2020
• Subjects: First Nations
• Online Access: http://hdl.handle.net/10852/84185; http://urn.nb.no/URN:NBN:no-86901

This thesis analyses and explores the proposals outlined in the Uluru Statement as a means of implementing the collective rights of First Nations peoples in Australia. It argues that the controversial Voice and Treaty proposals are suitable in the Australian context for three reasons: they are consistent with Australia’s obligations under international law, they are compatible with the principles of liberalism that underlie Australian democracy, and they fit with Australia’s constitutional culture. Most importantly, the Uluru Statement is a clear and unambiguous statement of the meaningful form of constitutional recognition for First Nations peoples. Accordingly this thesis presents a useful tool to communicate to the polity and political leadership as to why Australia has the legal and moral obligation to adopt the Voice and Treaty proposals.