The Australian Constitution and National Identity

Abstract

What does Australia's constitution say about national identity? A conventional answer might be 'not much'. On this view, the Australian Constitution is concerned with structures and institutions of government, and is deliberately silent on values, aspirations and identity. 1 Nor are Australians inclined to rally around their constitution as a focal point of national pride. 2 And yet … Reflection on the last few years in Australian constitutional law reveals a wealth of examples of constitutional issues that implicate national identity. Claiming victory in the 2022 election, Anthony Albanese opened his acceptance speech by committing to the Uluru Statement from the Heart's call for a First Nations Voice enshrined in the Constitution. In 2020 the High Court held Aboriginal Australians could not be 'aliens' 3 and in 2022 the High Court heard a case in which the Commonwealth sought to overturn that position. 4 In 2017, many Australians were affronted to