construct a timeline of significant moments of intersection between Indigenous Peoples and the Australian Constitution.

2. what are some of the critical omissions in the Australian Constitution?

3. Why is constitutional recognition of Indigenous peoples important?

Part B: Constitutional Interpretation (recall the online lecture from week 1 and the Territorial Senators case)

1. Why are the methods the High Court uses to interpret the Constitution important?

2. What was the approach that was adopted by the High Court in the Engineers Case? 3. In groups, discuss the meaning of the following approaches and whether you find them persuasive:

• Originalism (Consider the differences between the various 'sub-types' of originalism eg original 'public meaning' vs original 'intent')
• Textualism
• Purposivism or progressivism

4. How useful are labels such as 'activist' and 'legalist'?

5. How could these different approaches be applied to the interpretation of the race power?

There is no 'right' or 'wrong' answer to these questions! In debating the above, consider how persuasive you find the different perspectives presented in the readings and online lecture - in particular, contrasting and critically engaging with the views put forward by former Justices Michael Kirbyand Dyson Heydon(of the High Court of Australia) and Justices Scalia and Breyer (of the US Supreme Court).

Answer rating: 100% (QA)

Part A Timeline of Significant Moments of Intersection Between Indigenous Peoples and the Australian Constitution 1901 The Australian Constitution com... View the full answer