Nakata, Sana, and Bray, Daniel (2023) On Representation and the Politics of Aboriginal and Torres Strait Islander Voice. Public Law Review, 34 (2). pp. 120-128.

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Abstract

This article analyses the proposed Aboriginal and Torres Strait Islander Voice to Parliament through the lens of democratic theory and the concept of representation. We outline two conceptions of representation, the dyadic and constitutive perspectives, and argue that the constitutive perspective better illuminates the democratic value and political power of an institutionalised Voice to Parliament. From a constitutive perspective, the political power of Indigenous representation is grounded in existing fields of representation that both precede and exceed the Australian State. On this perspective, the political power of the Voice lies not only in the ability to directly affect political decisions, but also in the way that authoritative representative claims can shape public attitudes, values and decision-making by setting agendas, attracting the views of affected communities and shaping the terms of debate. We argue that the Voice to Parliament expands and empowers existing fields of Indigenous representation by acting as “connective tissue” between Indigenous peoples and state institutions that cannot be politically severed. Its representative power emanates not just from its legal authorisation but also from its political function as a new communicative lever with the potential to transform the national public and political discourse.

Item ID:	82769
Item Type:	Article (Research - C1)
ISSN:	1034-3024
Related URLs:	Publisher
Copyright Information:	© 2023 Thomson Reuters (Professional) Australia Limited
Date Deposited:	15 May 2024 01:37
FoR Codes:	45 INDIGENOUS STUDIES > 4505 Aboriginal and Torres Strait Islander peoples, society and community > 450514 Aboriginal and Torres Strait Islander legislation @ 40% 48 LAW AND LEGAL STUDIES > 4899 Other law and legal studies > 489999 Other law and legal studies not elsewhere classified @ 30% 44 HUMAN SOCIETY > 4408 Political science > 440811 Political theory and political philosophy @ 30%
SEO Codes:	23 LAW, POLITICS AND COMMUNITY SERVICES > 2302 Government and politics > 230299 Government and politics not elsewhere classified @ 50% 21 INDIGENOUS > 2199 Other Indigenous > 219999 Other Indigenous not elsewhere classified @ 50%
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