A First Nations Voice: Institutionalising Political Listening. (December 2020)

• Record Type: Journal Article
• Authors: Appleby, Gabrielle; Synot, Eddie
• Is Part Of: Federal law review. Volume 48:Number 4(2020)
• Page Start: 529
• Page End: 542
• Publication Date: 2020-12
• Subjects: Law -- Australia -- Periodicals; 349.94
• DOI: 10.1177/0067205X20955068
• Languages: English
• ISSNs: 0067-205X

Abstract

The Uluru Statement from the Heart offers an opportunity to reorder the Australian constitutional hierarchy as it relates to First Nations. The proposal for a First Nations Voice provides a tailored, structural response to the experiences of Aboriginal and Torres Strait Islander people under the Australian state. For the First Nations Voice to meet this potential, it will require more than careful design of the Voice as a new constitutional institution; it will require existing constitutional institutions within the legislature and executive to learn to 'listen'. This article draws on the political and democratic listening literature to examine how political listening might be practised at the interface between the First Nations Voice and existing constitutional institutions. We suggest five principles to guide this cross-institutional relationship together with ways these principles might be incorporated into governance structures.