Former High Court chief justice Robert French says there “is little or no scope for constitutional litigation” on the Voice.
The current wording for the referendum on the Indigenous Voice to parliament leaves “little or no scope for constitutional litigation” and does not infringe international agreements on racial discrimination, according to former High Court chief justice Robert French.
Former High Court chief justice Robert French says parliament “cannot legally be compelled to make laws for the Voice”.Mr French, who was chief justice from 2008-17, will speak at a symposium on the Voice being conducted by the Judicial Commission in Sydney on Saturday. Attorney-General Mark Dreyfus and Indigenous leaders includingIn an extract of the address published inMr French and Geoffrey Lindell, of the University of Adelaide, argue the Voice is “low risk for a high return”.
“But in providing [in the amendment] for representations to be made to the executive, the law does not have to impose such a requirement. That is a matter for the parliament.”this week considered a possible introductory sentence to the new sections of the Constitution, framing the Voice in “recognition of Aboriginal and Torres Strait Islander Peoples as the First Peoples of Australia”.
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