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tHE ‘RACE’ POWER IN SECtION 51(XXVI) OF tHE CONStItUtION

THE RACE' POWER IN SECtION 51(XXVI) OF THE CONStItUtION . Sarah Pritchard*. I Introduction options, are canvassed. Seventh, and finally, by way of post- script, the final recommendations made by the Expert Panel In this article, I first consider the discriminatory origins of on Constitutional Recognition of Indigenous Australians in the australian CONStItUtION generally, and SECtION 51(xxvi) relation to SECtION 51(xxvi) in its report, Recognising Aboriginal in particular. This is because, in my view, the case for the and Torres Strait Islander Peoples in the CONStItUtION , which removal of SECtION 51(xxvi), and its replacement with was presented to the Prime Minister on 16 January 2012, are a particular head of POWER with respect to Aboriginal reviewed.

The Australian Constitution grew out of moves towards a federation of the six self-governing colonies in the nineteenth century. Prior to Federation in 1901, ultimate power over the colonies – New South Wales, Victoria, Queensland, Western Australia, South Australia and Tasmania – rested with the United Kingdom Parliament at Westminster.

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