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Constitutional law

Osgoode Hall Law School of York University

Indigenous, Indian, and Aboriginal Law

Journal

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Race And The Australian Constitution: From Federation To Reconciliation, George Williams Oct 2000

Race And The Australian Constitution: From Federation To Reconciliation, George Williams

Osgoode Hall Law Journal

The framing of the Australian Constitution initiated a pattern of discrimination against Australia's Indigenous peoples. They were cast as outsiders to the nation brought about in 1901. This pattern was broken in 1967 by the deletion of the discriminatory provisions from the Constitution. Today, there is strong community support in Australia for the reconciliation process, which would involve recognition of Indigenous peoples as an integral and unique component of the Australian nation. However, this has yet to be translated into substantive legal outcomes. The author analyses the interaction of issues of race and the Australian Constitution as it has affected …


The Organic Constitution: Aboriginal Peoples And The Evolution Of Canada, Brian Slattery Jan 1996

The Organic Constitution: Aboriginal Peoples And The Evolution Of Canada, Brian Slattery

Osgoode Hall Law Journal

Despite recent advances in the law of aboriginal rights, most Canadian lawyers still tacitly view the Constitution as the outgrowth of European legal traditions, transplanted into North America. This article identifies the main features of this model of the Constitution and proposes a more appropriate model to replace it, one that recognizes the Constitution's deep roots in Canadian history and traditions, and acknowledges the distinctive contributions of Aboriginal peoples and their long-standing relations with the Crown.