Excluding Indigenous Australians from ‘The People’: A Reconsideration of Sections 25 and 127 of the Constitution

  title={Excluding Indigenous Australians from ‘The People’: A Reconsideration of Sections 25 and 127 of the Constitution},
  author={Elisa Arcioni},
  journal={Federal Law Review},
  pages={287 - 315}
  • E. Arcioni
  • Published 1 September 2012
  • Political Science, History
  • Federal Law Review
Until 1967, Indigenous Australians were excluded from being counted as amongst ‘the people’ in the Australian Constitution, by s 127. That section was deleted by referendum. However, s 25 remains in the Constitution, and allows for the reintroduction of such exclusion. This article is a detailed reconsideration of both sections in light of an understanding of ‘the people’ as a reference to the constitutional community represented by the Parliament. Exclusion of Indigenous Australians prior to… 

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Funding for this project was provided by the Australian Government Department of the Prime Minister and Cabinet.