In his book titled Indigenous Peoples and Constitutional Reform in Australia: Beyond Mere Recognition, Dr Bede Harris, Senior Lecturer in Law at the School of Business, engaged with a very topical issue, debate on Indigenous constitutional recognition. Now, he is being recognised for this very important work.
The nomination
Bede Harris’ book Indigenous Peoples and Constitutional Reform in Australia (Springer, 2024 https://link.springer.com/book/10.1007/978-981-99-7121-3 ) has been nominated for the Book of the Year Award by an Expert Council drawn from members of the International Forum on the Future of Constitutionalism at the University of Texas at Austin. The Forum is dedicated to the furtherance of constitutionalism, which is the doctrine that the institutions of state and their powers should be defined and limited by law. As such it conducts research on constitutional law and publishes an annual International Review of Constitutional Reform, in which contributors including judges, lawyers and academics publish a review of constitutional developments in 90+ jurisdictions. The Forum hosts an annual conference attended by eminent speakers and also offers an Advanced Seminar on Constitutional Reform for scholars interested in constitution-making and constitutional change.
The book
Bede’s book examines Australia’s constitution should be reformed so as to enable the country to fulfil its obligations under the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) which Australia ratified in 2009. The book surveys the history of the constitutional status of Australia’s Indigenous peoples from the time of colonisation through to the current debate on ‘Indigenous constitutional recognition,’ but argues that that term, with its connotation that mere acknowledgement of the existence of Indigenous peoples suffices to meet their legitimate expectations, misrepresents the nature of the project the country needs to engage in. The book argues that Australia should instead embark upon a reform programme directed towards substantive, and not merely symbolic, constitutional change. It argues that only by the inclusion in the constitution of enforceable rights can the power imbalance between Indigenous Australians and the rest of society be addressed. Drawing upon the experience of other jurisdictions, the book proposes a comprehensive constitutional reform programme, and includes texts of constitutional amendments designed to achieve them.
If you would like to connect with Dr Bede Harris, or would like to know more, please contact Bede .