The Voice: constitutional relationship between peoples in a shared polity

Before there can be deliberation between peoples, there must be recognition and a mechanism through which deliberation can occur. In 2023, Australians voted on whether to create an advisory body – a Voice – enabling Aboriginal and Torres Strait Islander peoples to make representations to Parliament and government. The Voice was to be both recognition and deliberation mechanism. This article explores the Voice proposal as a means for peoples to come together in constitutional relationship. First, we establish that First Nations and non‑Indigenous peoples have long met, though this meeting has not yet been formally recognised in the Constitution. We situate the Voice within the necessary constitutional history and trajectory of Indigenous claims. The Voice is presented as being an institutional response to the problem of recognition and constitutional identity, offering a platform for a more meaningful relationship between different peoples within a shared polity. Finally, we explain how the Voice was designed to work within existing constitutional arrangements to create a constitutional intersection. The referendum’s rejection does not resolve the enduring challenge of constitutional relations.