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Treaty and Statehood

Aboriginal Self-determination

Michael Mansell



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Federation Press
14 December 2016
If governments of Australia agreed to share power with Aboriginal people, what would the result be? And if Australia was to have a settlement or a treaty with Aboriginal and Torres Strait Islanders, what would a treaty deal with and how would a treaty affect the general public? Is there anything beyond a treaty? Treaty and Statehood: Aboriginal Self-determination, by Aboriginal author Michael Mansell, answers these questions and more. Mansell examines the New Zealand model of designated Maori seats and applies the idea to comprise 12 Indigenous Senators in Australia. He argues designated seats and a treaty are constitutionally permissible, and details the possible content for a treaty. He discusses the meaning of self-determination and its limitations, and also thoroughly reviews Aboriginal sovereignty and its function in a modern Australia. The book critically examines the legality of designated seats, treaty, sharing of power and autonomous communities. The legal examination is broken down into easy-to-understand language. Ultimately, Mansell looks at whether justice can best be served to Aboriginal people through a new State of Australia. This new idea of a seventh State - or First State for the First peoples, as the author prefers - is constitutionally legal. Its practicality is also critically examined, including the rights each Aboriginal community or 'nation' would have under statehood. This is a book that answers our query about what reconciliation ultimately means and how it can be achieved. His strongly expressed opinions are always sincere and soundly argued: they may appear at first provocative or over-idealistic, but just wait; in years to come they are likely to be seen as a prescient articulation of a way forward for securing the dignity of our first Australians. - Geoffrey Robertson QC, from the Foreword In the media...

An Indigenous seventh state: a radical idea from a constitutional conservative, Stan Grant, ABC News, 3 Jun 2017 Read article... New book examines 'justice', Jillian Mundy, The Koori Mail, 25 January 2017 Read article... Aboriginal lawyer and activist Michael Mansell has written a new book, Holly Monery, The Examiner, 28 December 2016 Read article... Mansell draws new boundaries for Aboriginal state, Wendy Caccetta, National Indigenous Times, 21 December 2016 Read article... Treaty's benefits, Opinion Letter by Michael Mansell, The Australian, 19 December 2016 Read letter... Indigenous spending to double, warns Michael Mansell, Stephen Fitzpatrick, The Australian, 16 December 2016 Read article... Michael Mansell on Sky News, The Bolt Report with Andrew Bolt, 15 December 2016 Listen to interview... Australia should create seventh state run by Indigenous people, lawyer Michael Mansell says, Dan Conifer, ABC News, 14 December 2016 Read article...
By:   Michael Mansell
Imprint:   Federation Press
Country of Publication:   Australia
Dimensions:   Height: 234mm,  Width: 156mm, 
Weight:   390g
ISBN:   9781760020835
ISBN 10:   1760020834
Pages:   320
Publication Date:   14 December 2016
Audience:   College/higher education ,  Professional and scholarly ,  Further / Higher Education ,  A / AS level
Format:   Paperback
Publisher's Status:   Active
Foreword by Geoffrey Robertson QCAcknowledgments Introduction Chapter 1: Setting the scene Chapter 2: Accommodation of Aboriginal rights in a democracy Chapter 3: The electoral system Unfair electorates Overseas experience Are designated seats constitutionally legal? Twelve Indigenous Senators Chapter 4 Aboriginals and the Australian Constitution The nature of the Australian Constitution A constitutionally entrenched Indigenous advisory body Race and anti-discrimination in the ConstitutionThe race power: s 51(xxvi) of the Australian Constitution Case 1: Bropho v Human Rights and Equal Opportunity Commission Case 2: Maloney v The Queen (Palm Island Liquor Case) Case 3: Bropho v Western AustraliaThe relevance of s 25 A missed opportunity Legislation Chapter 5: Aboriginal sovereignty What is sovereignty? Aboriginal sovereignty today Sovereignty inside Australia Popular sovereignty Loss of Aboriginal sovereignty through assimilation and citizenship Sovereignty at work Chapter 6: Treaty Part I: The preliminaries Treaty defined Inherent Indigenous rights Purpose and effect of a treaty Are there any legal impediments to making an agreement or treaty with the Indigenous peoples? Over-arching treaty or many treaties? Part II: Minimum content of a treaty Minimum content Sovereignty and treaty Restore, exclude and accommodate (a) Restore (b) Exclude (c) Accommodate what is left over Part III: An Australian treaty What might be in a treaty (a) Cleansing the past (b) Land (c) Empowerment (d) Social development, cultural retention and education (e) Finances Lessons from near and afar Treaty enforcement Chapter 7: Treaty-making process Negotiating stage Settlement: One New Zealand experience The A Team: The principals The B Team: The overall negotiating group The C Team: The specialist groups Post-settlement Chapter 8: Self-determination The international source for self-determination Whom does this right apply to? All peoples have the right to self-determination Under what circumstances does self-determination apply? The four criteria for statehood and its link to self-determination Working government Clear support for independence International benefactorThe Australian position The divide between law and politics Chapter 9: Aboriginal statehood: A new First state A new State from an old nation Territory must be identified before the Commonwealth can legislate a new State States surrendering territory to new State Viability of new State Crown lands as waste lands? Chapter 10: A new State in operation Customary law Limits and restrictions on customary law Land rights and native title lands under statehood? One Aboriginal nation or many? Constitutional limitation on Commonwealth interference Preamble to new State Constitution The Racial Discrimination Act and Aboriginal statehood 'Expanded' Aboriginal State responsibility Chapter 12 : Incremental steps Campaigning for a new State Independent endorsement for statehood Learning from the experience of earlier movements Plebiscite for statehood and territory A federal Aboriginal territory Conclusion Bibliography Index

Reviews for Treaty and Statehood: Aboriginal Self-determination

His strongly expressed opinions are always sincere and soundly argued: they may appear at first provocative or over-idealistic, but just wait; in years to come they are likely to be seen as a prescient articulation of a way forward for securing the dignity of our first Australians. a Geoffrey Robertson QC, from the Foreword

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