Author(s)

Mingge Lu ¹

Affiliation(s)

¹ Bond University, Gold Coast City, QLD 4226, Australia

Corresponding Author

Mingge Lu

ABSTRACT

This article did an analysis on the First Nation's thesis of their claim of sovereignty, and unlike what general Australian community would perceive, the actual ideology of First Nation sovereignty is more on self-governing under the Commonwealth title. This article also made some comparison between USA and Australian parliament on how their legislation take approach on this matter. Since the article is made before the commencing of 2023 Australian Constitutional Reform, this article is written from the perspective of advising the Prime Minister on some general yet widely misunderstood concepts as well as some potential consequences if such terms were not well explained to general public.

KEYWORDS

Constitutional Reform, Referendum, Indigenous Sovereignty

CITE THIS PAPER

Mingge Lu. Constitutional Reform in Australia and the Struggle for Indigenous Sovereignty. Science of Law Journal (2024) Vol. 3: 17-21. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030603.

REFERENCES

[1] Uluru Statement from the Heart (the Statement), Vol. 1. pp. 1, 26 May 2017. [online] Available: https:// ulurustatement.org/the-statement/view-the-statement/
[2] Harry. H. "ANTAR, Sovereignty Factsheet 2022", pp. 4, 2022 [online] Available: https://antar.org.au/wp-content/ uploads/2022/11/Sovereignty-Factsheet.pdf
[3] Linda. B. "Commonwealth, Parliamentary Debates, House of Representatives", pp 163-170, August 31st, 2016. A video of this speech may be viewed at Parliament of Australia, 'House of Representatives: Wednesday August 31, 2016, 13:25', online video, ParlView, 16:15:50. Accessed 2nd August 2024. 
[4] Harry. H. "Antar, Factsheet 2022", pp. 2, September 2023 [online] Available: https://antar.org.au/wp-content/ uploads/2022/11/Sovereignty-Factsheet.pdf 
[5] Mabo v Queensland (No 2) ("Mabo case") [1992] HCA 23; (1992) 175 CLR 1 (3 June 1992), pp. 220-240, 1992. [online] Available: https://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/ HCA/1992/23.html?stem=0% 253D0% 253 Dmabo % 2520175%2520CLR
[6] Cooper v Stuart (1889) 14 App Cas 286, [online] Available: https://www.bailii.org/cgi-bin/format.cgi? doc=/uk/cases/UKPC/1889/1889_16.html&query=(cooper)+AND+(v)+AND+(stuart)
[7] Cockayne, James --- "Members of Yorta Yorta Aboriginal Community v Victoria; Indigenous and Colonial Traditions in Native Title'" [2001] MelbULawRw 25; (2001) 25(3) Melbourne University Law Review 786, [online] Available: https://classic.austlii.edu.au/au/journals/MelbULawRw/2001/25.html
[8] Johnson & Graham's Lessee v. McIntosh, 21 U.S. 543 (1823), [online] Available: https://supreme.justia.com/ cases/federal/us/21/543/ 
[9] Coe v Commonwealth [1979] HCA 68, [online] Available: https://www.austlii.edu.au/cgi-bin/viewdoc/ au/cases/cth/ HCA/ 1979/68.html

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