The proposal to insert a guarantee in the Constitution to stop the federal Parliament from discriminating against a people of any race or cultural background has been made many times since 1901. A racial non-discrimination clause was discussed in the lead up to the 1967 referendum but the government did not include it in the proposal put to the vote. Advocacy for a prohibition against racial discrimination grew among Indigenous people following a High Court decision in 1998 that the race power can likely be used to support racially discriminatory laws that single them out for adverse treatment. Referendum Council, Discussion Paper on Constitutional Recognition of Aboriginal and Torres Strait Islander People (Discussion paper, 2016) Appendix H, 104. What are the strengths and/or weakness of inserting a prohibition against racial discrimination in the Australian Constitution? Support your answer with references (such as law journals, book chapters and books). MUST USE AGLC 4 Full instructions in attached document
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