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Anne Twomey

People have peculiar but passionate views about referendums. A large number swear that in 1974 and 1988 the people voted against referendums on the existence of local government. To them, local government is ‘unconstitutional’, so they don’t have to pay their council rates. Members of the same cohort also proclaim that they have a constitutional right to trial by jury for state criminal offences and a right to compensation on just terms if a state compulsorily acquires their land.

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Do you know whether Aboriginal and Torres Strait Islander peoples are recognised in your state Constitution? If you responded with a mental shrug and a muttered ‘No idea’, then you would fall within the vast majority. In fact, from 2004 to 2016, each Australian state amended its Constitution to insert recognition of their Indigenous peoples. Yet the effect has been negligible and hardly anyone knows it happened. Why?

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The first season of Netflix’s drama The Crown sees the young Princess Elizabeth’s constitutional education taken in hand by Eton history master Henry Marten, whose schooling of the future monarch was largely historical rather than legal, a necessity given Britain’s ...

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