by Irwin Chlanda
Is there any democratic country where the constitution requires the parliament and executive to listen to a racially-defined minority while having no such obligation with respect to another part of the population?
And if there are such countries, how do they manage their obligations?
these are the questions news Rachel Perkins, renowned film producer, passionate Yes Advocate in The Voice Debate, born and bred in Alice Springs – a daughter of Charlie Perkins.
She referred questions to Anne Twomey, an Australian academic and lawyer specializing in Australian constitutional law.
She is currently Professor of Constitutional Law and Director of the Constitutional Reform Unit at Sydney Law School at the University of Sydney.
pro twomey (pictured) answered:
The voice referendum proposal was developed here in Australia to deal with our own constitution and circumstances.
It was not based on any foreign precedent, so it is difficult to compare it with any other country.
I’m not aware of any country that has a similar type of system to the one proposed for Australia.
If you’re looking for something more detailed and scholarly, this book has a comparative analysis:
,Conflict of interest warning – I am part owner of Federation Press, so I know about this book. But there are probably other books out there that address the issue.)
This book covers Comparative Analysis: Concepts and Context; Theories, Critiques and Alternatives and Comparative Approaches.
It includes analysis built upon and drawn from the work of well-known constitutional law scholars and legal historians, as well as ideas and knowledge from the Indigenous world.
It also includes a range of comparative scholarly voices – examining relevant developments in the United States, Canada, the South Pacific, the United Kingdom, New Zealand and South America.
The joint authorship represents 10 universities from Australia, the United Kingdom, the United States and Canada.