The worst of the State constitutions: Why Aboriginal constitutional recognition must be framed against a wider reform of Tasmania’s Constitution Act

This paper explains the background and basis for the Consensus Statement on the proposed amendment to the Constitution Act 1934 (Tas) to recognise Aboriginal people which is included in this Journal. Australian State constitutions have received insufficient attention over the years, and many are not effective or as efficient as they might be. However, Tasmania has arguably the most dysfunctional and least-operative State constitution in Australia. It is a legacy of the State’s colonial and imperial past, which has never been subject to public consultation or reform. This paper explains why the time for that wider reform is now, not only to provide a meaningful basis for Aboriginal recognition, but to better reflect contemporary Tasmanian society and the shared principles, conventions, and doctrines upon which it should be governed.