The current wording for the referendum on the Indigenous Voice to parliament leaves “little or no scope for constitutional litigation” and does not infringe international agreements on racial discrimination, according to former High Court chief justice Robert French.
Mr French says the only way the Voice could be justiciable would be if the legislation that established it after a referendum required the executive to consider representations from the Voice.
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Michael Pelly is the legal editor, based in our Sydney newsroom. He has been a senior adviser to federal and state attorneys-general and written two books, one a biography of former High Court Chief Justice Murray Gleeson. Email Michael at michael.pelly@afr.com