Legal Assingment

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The most common way to be deceived is by assuming something as familiar, and accepting it on that account. Similarly, the power of Legislation in protecting the indigenous rights in Australia, although the parliament is the supreme lawmaker. However, Parliament is not effective to protect Indigenous Rights when the constitution is interpreted. In Koowarta case (1982) (HCA) (Bailey, G. 2005). In this case, the legislation was not sufficient to satisfy their test, and they held that the legislation was not valid. The High Court’s interpretation of the constitution cannot be overridden by a statute. Therefore, section 51 of the Australian constitution could be altered to authorize the Commonwealth to make special law only to benefit any race and it was not sufficient to be deleted. Mick Gooda, the Aboriginal and Torres Strait Islander social justice commissioner says “it’s time to stop stalling on constitutional, the push for constitutional recognition is widely, but not unanimously, supported by Indigenous leaders and politicians, and there are just months left before parliamentary recognition under the Aboriginal and Torres Strait Islander Peoples Recognition Act will disappear under a two year sunset clause” (Davidson 2014). Such a clause would guarantee ‘equal treatment before and under the law, and equal protection and benefit of the law without discrimination’ (Castan 2011).

To conclude, the legislation and judiciary institutions of government is a framework of institutions which help to uphold social cohesion. Social cohesion has been uphold in Australia by recognizing cultural values and individual rights, as Australia is a nation which comprises of people from diverse, cultural backgrounds. The two arms of government, is recommended to be in partnership with Indigenous communities, the Federal Government develop and implement a framework for self-determination, outlining consultation protocols, roles and responsibilities, so that the communities have meaningful control over their affairs and strategies for increasing Indigenous Australians’ participation in the institutions of democratic government. A long with this, the Judiciary and legislation institutions recommends that a ‘statement of impact on Aboriginal and Torres Strait Islander peoples’ be provided to the Federal Parliament when the intent is to legislate exclusively for those peoples, to suspend the Racial Discrimination Act 1975 “Balancing freedoms and creating a fair market place of ideas” (3) or to institute a special measure (Castan 2011). The statement should explain the object, purpose and proportionality of the legislation and detail the processes of consultation and the attempts made to obtain informed consent from those concerned.

- [1995] HCA 47; (1995) 183 CLR 373, 488–91 (Mason CJ, Brennan, Deane, Toohey, Gaudron and

McHugh JJ), 495 (Dawson J).

- Lisa Sterlein---“Reforming the requirements of proof: The Australian law reform commission’s Native title Inquiry” (2014) IndigLawB 2; (2014) 8(10) Indigenous Law Bulletin 6

- Marie Iskander--- The value of 18c of the Racial Discrimination Act(2014) IndigLawB; (2014)8(10)Indigenous Law Bulletin 19

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