The beginnings of a critical legal analysis of the Voice is being made. While the Prime Minister is loudly proclaiming, having dried his tears, that parliament will control what the Voice will consider, constitutional law experts disagree. The amendment’s second clause, which gives the Voice power to “make representations to the parliament and the executive government of the commonwealth on matters relating to Aboriginal and Torres Strait Islander peoples,” is extremely wide, and does not in any way limit what the Voice can consider. After all, every law made by parliament, by definition, has some impact upon some segments of the Australian community, and Aboriginals and Torres Strait Islanders are part of this, and could in principle be affected. Making this change to the constitution itself, reinforces that the Voice is to have extreme import, and will not be limited to the mere advisory role that the prime minister says it will have.
However, in terms of real politics, in the present woke culture, the Voice will be making recommendations, which if parliament rejects them, will be howled down as “racist.” This will mean that the Voice will be a Third Chamber of parliament, and contrary to the constitution. It would be a good move for a constitutional challenge to be made now that the exact phrasing of this most divisive idea is out in the open. Even if the referendum was to pass, still, if this involved introducing a conflict of laws into the constitution itself, which has no principle of deciding internal inconsistencies, in principle the amendments should be struck down. But, it is best for legal teams to take this issue to the High Court of Australia as soon as possible.