Why Were Aborigines Originally Excluded From the Races Power?

U. of Adelaide Law Research Paper No. 2020-24

University of Queensland Law Journal 37 (2) p. 237-259

24 Pages Posted: 27 Feb 2020 Last revised: 2 May 2022

See all articles by Greg Taylor

Greg Taylor

University of Adelaide - School of Law; University of Marburg; Royal Melbourne Institute of Technolog (RMIT University) - Graduate School of Business and Law

Date Written: February 25, 2020

Abstract

In a recent paper, the Chief Justice of Western Australia has considered why Aborigines were originally expressly excluded from the federal races power in s 51 (xxvi) of the Constitution until it was amended to include them in 1967. The paragraph, with the deletion made in 1967 shown, grants to the federal Parliament concurrent legislative power over.

Keywords: Aborigines, Native Title, Australian Constitution

JEL Classification: K10

Suggested Citation

Taylor, Greg, Why Were Aborigines Originally Excluded From the Races Power? (February 25, 2020). U. of Adelaide Law Research Paper No. 2020-24, University of Queensland Law Journal 37 (2) p. 237-259, Available at SSRN: https://ssrn.com/abstract=3544385

Greg Taylor (Contact Author)

University of Adelaide - School of Law ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia

University of Marburg ( email )

Universitätsstrasse 24
Marburg, D-35032
Germany

Royal Melbourne Institute of Technolog (RMIT University) - Graduate School of Business and Law ( email )

Melbourne
Australia

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