Assignment Task:
Task:
Dani Larkin (Bundjalung woman and legal scholar) and Kate Galloway assert the Uluru Statement from the Heart 1 ‘offers an Indigenous-led legal, political, and cultural solution for bringing together Indigenous and non-Indigenous Australians’ and ‘represents a milestone of Australian law offering a vital opportunity to integrate Indigenous law into an otherwise settler legal system’. 2 What are the constitutional and legal consequences that could flow from the reforms set out in the Uluru Statement from the Heart? Do you agree with Larkin and Galloway’s assessment about what the Uluru Statement from the Heart offers and represents?
Further guidance
- The first question requires you to briefly outline the constitutional and legal consequences that could flow from the reforms set out in the Uluru Statement from the Heart (recommend you do not spend more than one third of the paper doing this). The second question is the crux of this task and asks for your assessment of whether you agree with Larkin and Galloway’s assessment
– your response is not what you think off the top of your head, your response must be grounded in the research you have conducted.
- This is a research essay, and all students are expected to draw heavily on Aboriginal and/or
Torres Strait Islander peoples’ scholarship in this area. Other scholars work can also be cited to support arguments that are already made by Indigenous scholars. I have directed you to some Indigenous scholars for this essay topic on the iLearn page (this is to get you started only, you must conduct your own research).
- Remember analysis (presenting a cogent body or arguments in a well-structured, well-research way) is where the marks are. Avoid description. It is the depth of your research and the ensuing analysis that is important. Do not absorb too many words describing what the Uluru Statement from the Heart says, or detail at length the reforms it calls for. Use your words to present an analysis primarily in response to the second question.
- There is no right or wrong answer, no model answer and no ‘correct’ viewpoint. There is a diversity of views (in public discourse, within government and within Aboriginal communities) about how Australia’s constitutional law arrangements should be reformed to include and acknowledge Aboriginal and Torres Strait Islander peoples. This means you are completely free to approach this paper in whatever way you wish. The important thing is to undertake high quality research and apply that research in the paper via clear and robust argumentation that is based on scholarly research (e.g. published academic journal articles / academic books etc – not non-academic sources such as newspaper articles and government reports). You may use these later sources as supplementary references to support arguments that are already justified by academic literature.
- There is no need to outline the process for constitutional amendment – it is assumed that you are aware of the s128 requirements.
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