eCite Digital Repository

The worst of the State constitutions: Why Aboriginal constitutional recognition must be framed against a wider reform of Tasmania’s Constitution Act

Citation

Gogarty, B, The worst of the State constitutions: Why Aboriginal constitutional recognition must be framed against a wider reform of Tasmania's Constitution Act, University of Tasmania Law Review, 35, (1) pp. 1-23. ISSN 0082-2108 (2016) [Refereed Article]


Preview
PDF (Published)
1Mb
  

Copyright Statement

Copyright 2016 the author

Official URL: http://www.utas.edu.au/law/publications/university...

Abstract

This paper explains the background and basis for the Consensus Statement on the proposed amendment to the Constitution Act 1934 (Tas) to recognise Aboriginal people which is included in this Journal. Australian State constitutions have received insufficient attention over the years, and many are not effective or as efficient as they might be. However, Tasmania has arguably the most dysfunctional and least-operative State constitution in Australia. It is a legacy of the State’s colonial and imperial past, which has never been subject to public consultation or reform. This paper explains why the time for that wider reform is now, not only to provide a meaningful basis for Aboriginal recognition, but to better reflect contemporary Tasmanian society and the shared principles, conventions, and doctrines upon which it should be governed.

Item Details

Item Type:Refereed Article
Research Division:Law and Legal Studies
Research Group:Law
Research Field:Law not elsewhere classified
Objective Division:Expanding Knowledge
Objective Group:Expanding Knowledge
Objective Field:Expanding Knowledge in Law and Legal Studies
Author:Gogarty, B (Dr Brendan Gogarty)
ID Code:110225
Year Published:2016
Deposited By:Law
Deposited On:2016-07-21
Last Modified:2017-05-15
Downloads:2 View Download Statistics

Repository Staff Only: item control page