Re: Referendum to alter Federal Constitution- Indigenous recognition
Reply #7 –
Have to agree with you (in part)
The actual proposal hasn't been detailed but I suspect it will comprise a dual referendum. The reason it will be a dual question is because I suspect it will comprise amendment of s 127 (in the substantive part of Constitution) which comprises offensive reference to aboriginals from an earlier time , precluding them from being considered when counting population numbers. Although it has been negated by having a line put through it, it is still there for all to read and be reminded of such human disregard. With this amended I will agree. The second question I suspect will comprise an alteration of the preamble, to make specific reference to aboriginals as the original inhabitants. The preamble, whilst not part of the substantive provisions of the Constitution, provides a type of purposive background which may, in the presence of ambiguity relating to a constitutional question, be used for interpretive purposes. Regardless of any included reference to there being no effect on substantive part of the Constitution, a preamble reference is a recording of circumstance on which Constitution is based, an effect cannot be totally discounted, so on this question I would say NO, because IMO that would constitute a discriminatory scenario to other races. If the referendum is based as a dual question without the ability to agree to one part whilst not the other, my response will be NO to the whole thing.