A Revised Proposal for Indigenous Constitutional Recognition

In 2012, the Expert Panel on the Constitutional Recognition of Indigenous Australians handed down a report that recommended a number of changes to the Commonwealth Constitution to achieve constitutional recognition of Aboriginal and Torres Strait Islander peoples. This article provides a critical analysis of those recommendations, identifying difficulties, noting areas that need further development and suggesting positive changes. It seeks both to influence current debate and to provide a historic record of the issues that were under consideration during the development of a future constitutional amendment. Its primary focus is on symbolic recognition in a preamble, substantive recognition in a power to legislate with respect to Aboriginal and Torres Strait Islander peoples and a provision prohibiting racial discrimination.