I’m hoping to get feedback from someone that knows enough Australian history, specifically Aboriginal history, as well as constitutional law, to clarify this much maligned and opinionated referendum’s choices.
Does a YES vote negatively impact the path to treaty?
I would like this discussion to remain apolitical, I am not asking for opinions, only information. Thanks.
In: 2
It’s honestly hard to say – especially without including an opinion. But I’ll try
* a treaty would not be included within the Australian constitution so it doesn’t really depend on a referendum (i.e., the voice) although the voice could help with its implementation.
* if the voice passes (I really doubt it will), I’d say it would facilitate the establishment of a treaty, particularly on the national/federal level. This is because it’s almost certain any advice to parliament would include recommending the introduction of a treaty. So the voice would positively impact the establishment of a treaty as it will provide advice regarding how a treaty should be implemented, what is needed etc. However this is just an assumption as the Voice’s structure has not been outlined at all. But it’s safe to assume the voice would recommend establishing a treaty.
* I can’t really see any negative impacts of the voice in establishing a treaty. However the voice is not needed at all in order to establish a treaty – at most it will provide greater clarity for what is needed treaty-wise. But this is nothing non-constitutional advisory bodies can’t provide.
The ambiguous nature of the voice’s current structure means it’s hard to say for sure what impacts it will have. While I disagree wholly with its implementation into the constitution, I can’t see the voice negatively impacting upon the establishment of a treaty
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