ABSTRACT
The constitution established a set of complex institutions intended to support constitutional democracy and provide redress for past human rights violations. Beyond peace settlements, once an agreement is in place a country attempting to re-constitute itself must develop a new political 'container' in which to govern itself. Deeply divided societies frequently see the making of a national constitution as an important priority in their conflict transformation efforts. Séanna Walsh understands what needs to change in the political context for the constitutional question to regain political salience. The South African achievement nevertheless seems remarkable when contrasted with the Guatemalan experience of constitutional reform. Proposals for constitutional reform with regard to Aboriginal and Torres Strait Islander peoples in Australia are not new. The contemporary conversation about indigenous constitutional recognition in Australia was prompted by a 2007 election promise by former prime minister, John Howard, who pledged to hold such a referendum if he were re-elected.
