Submission to the Inquiry into the Aboriginal and Torres Strait Islander Voice Referendum

Abstract

Enshrinement of the Voice in the Constitution is necessary for several reasons. The proposed preambular statement to s 129 would rectify a constitutional silence. The recognition of Aboriginal and Torres Strait Islander peoples continues the trajectory of the development of the constitutional identity of ‘the people’ in the Constitution. The structure of the Voice proposal is consistent with Australian constitutional design. The ability of the Voice to make representations to the Executive is consistent with existing institutional relationships and the legal effect of such representations can be determined by the Parliament.