The Australian Constitution as Symbol

Federal Law Review (2020 Forthcoming)

12 Pages Posted: 18 Jun 2020

See all articles by Dylan Lino

Dylan Lino

University of Queensland - T.C. Beirne School of Law

Date Written: May 24, 2020

Abstract

According to a conventional story told by scholars, the Australian Constitution is virtually invisible as a symbol within Australian political debate and culture. This article challenges that conventional story, arguing that the Constitution plays a more significant public role than is commonly assumed. Analysing the ongoing debate over the constitutional recognition of Aboriginal and Torres Strait Islander peoples, the article highlights four prominent symbolic Constitutions: the practical, the liberal, the outdated and the exclusionary. These constitutional symbols are mobilised by different political actors for a range of political purposes. Understanding constitutional symbolism helps in seeing the ideological work performed by the constitution outside the courts and prompts constitutional scholars to be more conscious of how they contribute to that ideological work through their representations of the Constitution.

Keywords: constitutional law, Australian Constitution, constitutional symbolism, constitutional recognition of Aboriginal and Torres Strait Islander peoples, comparative constitutional law

Suggested Citation

Lino, Dylan, The Australian Constitution as Symbol (May 24, 2020). Federal Law Review (2020 Forthcoming), Available at SSRN: https://ssrn.com/abstract=3609562

Dylan Lino (Contact Author)

University of Queensland - T.C. Beirne School of Law ( email )

Forgan Smith Building (1)
The University of Queensland
St Lucia, Queensland 4072
Australia

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
214
Abstract Views
908
Rank
258,231
PlumX Metrics