Reference no: EM133521660

Question: Wrte an essay on A national treaty with Aboriginal and Torres Strait Islander people is one alternative to achieving Indigenous sovereignty. Is a treaty compatible with Australian constitutional principles of representative democracy, popular sovereignty and the current referendum proposal? Critically analyse with reference to relevant constitutional case law, provisions, principles and academic commentary.

Case Study: Include any relevant sections such as section 51 of the Constitution outlines the powers of the Commonwealth Parliament. Section 51(xxvi) formerly read as 'the people of any race, other than the aboriginal race in any State for whom it is deemed necessary to make special laws,' and was interpreted as reserving the power to make legislation specifically applying to Aboriginal people (outside the Territories, see section 122 below) to the states. The words 'other than the aboriginal race in any State' were deleted as a result of the 1967 Referendum and subsequent Constitution Alteration (Aboriginals) 1967, in order to allow the Commonwealth to make special laws applying to Aboriginal and Torres Strait Islander people.