Teaching Law

Sunday, 4 March 2012

To Change or Not to Change? That is the (Constitutional) Question

On 19 January, the Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples ('Panel') delivered its report Recognising Aboriginal and Torres Strait Islander peoples in the Constitution.  Since the Panel was convened, there has been a lot of comment and public debate - mostly, it seems, centred around the legal implications of constitutional change.

If you are, like me, not an expert in constitutional law, your head may be spinning trying to keep track of the pros and cons of the recommendations.  What then are the primary recommendations for change, and how on earth do we sort through the legal arguments?  In this post, I go out on a limb and say that we need to focus on the goal of constitutional change and let go of the law.