Law Reform: Books

Why should Indigenous people have a direct say in the decisions that affect their lives? Australia is one of the only liberal democracies still grappling with such a fundamental question. The idea of constitutional recognition of Indigenous Australians has become a highly political and contentious issue. It is entangled in institutional processes that rarely allow the diversity of Indigenous opinion to be expressed. With a referendum on the agenda, it is now urgent that Indigenous people have a direct say in the form of recognition that constitutional change might achieve. It's Our Country- Indigenous Arguments for Meaningful Constitutional Recognition and Reformis a collection of essays by Aboriginal and Torres Strait Islander thinkers and leaders including Patrick Dodson, Noel Pearson, Dawn Casey, Nyunggai Warren Mundine and Mick Mansell. Each essay explores what recognition and constitutional reform might achieve--or not achieve--for Indigenous people.

"Elliott Johnston was a most unusual lawyer...Coming generations of lawyers can be encouraged to reflect upon the causes of justice and equality that he so powerfully espoused." - The Hon Michael Kirby AC CMGTwenty-five years after Elliott Johnston's thorough and prescient Report on the Royal Commission into Aboriginal Deaths in Custody, juvenile justice, freedom of speech, racial discrimination, human rights and a referendum on constitutional 'recognition' of Indigenous Australians remain subjects of contestation, national debate and international scrutiny.In this collection, 17 distinguished Indigenous and non-Indigenous jurists, scholars and community leaders show common cause with Johnston. They pursue better ways of understanding social values, justice and equality expressed through issues of native title, incarceration rates, cultural protection, self-determination and rights of Indigenous peoples. They look to the law as a site of hope and an instrument of public education and principled change.

This collection of essays explores the history and current status of proposals to recognise Aboriginal and Torres Strait Islander Peoples in the Constitution of Australia. The book had its genesis in a colloquium co-hosted by the University of Southern Queensland and Southern Cross University, attended by scholars from Australia and overseas and prominent participants in the recognition debates. The contributions have been updated and supplemented to produce a collection that explores what is possible and preferable from a variety of perspectives, organised into three parts: 'Concepts and Context', 'Theories, Critique and Alternatives', and 'Comparative Perspectives'.

What lessons have been learned from the 1967 referendum? In 1967, Australians voted overwhelmingly in favour of altering two aspects of the Constitution that related to Aboriginal and Torres Strait Islander people. Although these seemed like small amendments, they provided an impetus for real change - from terra nulliusto land rights, and from assimilation to self-determination. Nearly 50 years later, there is a groundswell of support for our indigenous heritage to be formally recognised in the Constitution. As we await the new referendum, Frank Brennan considers how far we've come, and yet how much work lies ahead. With fresh, detailed research, he examines the work of the Council of Aboriginal Affairs, the pivotal Gove land rights case, and the attitudes of successive governments towards recognising traditional ownership. He also reminds us of the significance of constitutional change, assessing how the coming referendum might lead governments and Indigenous Australians to negotiate better outcomes. Written by one of our most respected commentators on legal and human-rights issues, No Small Changeis a vital contribution to our understanding of Indigenous affairs. It will generate crucial debate on how we should acknowledge our country's history, and how this can make a difference to Indigenous Australians today.

The Forgotten Peoplechallenges the assumption that constitutional recognition of indigenous Australians is a project of the left in Australia. It demonstrates that there may be a set of reforms that can achieve the change sought by indigenous leaders, while addressing the critical concerns of constitutional conservatives and classical liberals. More than that, this collection illustrates the genuine goodwill that many Australians, including Major General Michael Jeffery, Cardinal George Pell, Chris Kenny and Malcolm Mackerras, share for achieving indigenous recognition that is practically useful and symbolically powerful.

Inspired by the Uluru Statement from the Heart, and featuring outstanding Indigenous writers, First Things First is an urgent, nuanced and robust call to listen, hear and respond to questions of constitutional recognition. More than two centuries after European settlers arrived, the need to find an honourable way to recognise and celebrate the unique history of this country as home to the oldest living civilisation is long overdue. A Makaratta Commission is the preferred way to do this, to make agreements and enable truth-telling about our history.

An extraordinarily powerful and personal meditation on race, culture and national identity by one of Australia's leading journalists.