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The Australian Constitution and the Australian Aborigine

1966/03/01 by Geoffrey Sawer · 12 citations
Social Sciences · #Commonwealth, Australian Politics and Federalism #Constitution #Project commissioning #Publishing #Geography #Media studies #Political science #Law #Sociology

paper · doi:10.1177/0067205x6600200102

published in Federal Law Review 2(1), 17-36 (SAGE Publishing)

openalex publication_date 1966/03/01 · openalex created_date 2025/10/10 · openalex updated_date 2026/07/30

Abstract

The Australian Founding Fathers paid no attention at all to the position of the Australian aboriginal race, and the only two references to aborigines in the Constitution are highly negative in character.They are: s. 51. The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to: ... (xxvi.) The people of any race , other than the aboriginal race in any State , for whom it is deemed necessary to make special laws. s. 127. In reckoning the numbers of the people of the Commonwealth, or of a State or other part of the Commonwealth, aboriginal natives shall not be counted.

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