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The Conversation
Politics
Shireen Morris, Senior Lecturer and Director of the Radical Centre Reform Lab, Macquarie University Law School, Macquarie University

A constitutional Voice to Parliament: ensuring parliament is in charge, not the courts

Australians will soon vote in a referendum on a First Nations Voice – a constitutionally guaranteed body empowering Indigenous communities to advise parliament and government on Indigenous affairs, as advocated by the Uluru Statement.

Prime Minister Anthony Albanese has released a draft constitutional amendment requiring parliament to establish the Voice.

However, some critics have raised concerns about “judicial activism”. They worry the High Court might interpret the provisions in unpredictable ways, creating legal uncertainty.

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