Download or read book Mabo written by Film Australia and published by . This book was released on 2000 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Delves into the Mabo legal case and the important issues it raises for Australians and indigenous peoples everywhere. This multimedia resource gives an overview of the case and provides an insight into both the man at its centre, Eddie Koiki Mabo, and Torres Strait Islander culture. CD-ROMS include film, audio-visuals, and text.

Download or read book Eddie Koiki Mabo written by Noel Loos and published by Univ. of Queensland Press. This book was released on 2013 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'He was in the best sense a fighter for equal rights, a rebel, a free-thinker, a restless spirit, a reformer who saw far into the future and far into the past.' Dr Bryan Keon-Cohen, plaintiffs' barrister in the Mabo litigation Here, largely in his own words, is the incredible story of Edward Koiki Mabo, from his childhood on the Island of Mer through to his struggle within the union cause and the black rights movement. Tragically, Mabo died just months before the historic High Court native-title decision that destroyed forever the concept of terra nullius. Originally published by UQP in 1996, this new edition has been updated by Mabo's long-time friend historian Noel Loos. New photographs and a preface by esteemed film director Rachel Perkins give this book the new life it deserves.

Download or read book Compromised Jurisprudence written by Lisa Strelein and published by Aboriginal Studies Press. This book was released on 2009 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: First edition published in 2006.

Download or read book Mabo and Native Title written by Will Sanders and published by . This book was released on 1994 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreword (p.iii) by Jon Altman and John Braithwaite - a brief history of this series of seminars held in May 1994; papers by J. Beckett, H. Reynolds, F. Brennan, G. Nettheim, J.C. Altman annotated separately.

Download or read book Aboriginal Customary Law A Source of Common Law Title to Land written by Ulla Secher and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 667 pages. Available in PDF, EPUB and Kindle. Book excerpt: Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).

Download or read book Mabo Wik Native Title written by Peter Butt and published by . This book was released on 2001-01 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than a decade has passed since the High Court's decision in Mabo, and this book remains a key mechanism for distinguishing between fact & myth among the claims & counter-claims which bedevil Australia's native title debate. It provides an accurate, accessible, and unbiased account of what the judges and the Acts of Parliament have actually said about native title, what it means, and what problems are likely to arise. Recognising that the 1993 ruling in Mabo remains the basic legal document on native title, this 4th edition retains the plain language version of the ruling as its core. There follow equally straightforward explanations of the Native Title Act 1993, the 1996 High Court judgment in Wik, and the Howard government's legislative response in 1998 with the "10 point plan." Finally, there are two completely new chapters on how the native title legislation has worked in practice, what important issues remain to be resolved, and some possible future directions.

Download or read book Aboriginal Title written by P. G. McHugh and published by OUP Oxford. This book was released on 2011-08-18 with total page 1529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a previous culture of governmental inattention. In a series of breakthrough cases national courts adopted the argument developed first in western Canada, and then New Zealand and Australia by a handful of influential scholars. By the beginning of the millennium the doctrine had spread to Malaysia, Belize, southern Africa and had a profound impact upon the rapid development of international law of indigenous peoples' rights. This book is a history of this doctrine and the explosion of intellectual activity arising from this inrush of legalism into the tribes' relations with the Anglo settler state. The author is one of the key scholars involved from the doctrine's appearance in the early 1980s as an exhortation to the courts, and a figure who has both witnessed and contributed to its acceptance and subsequent pattern of development. He looks critically at the early conceptualisation of the doctrine, its doctrinal elaboration in Canada and Australia - the busiest jurisdictions - through a proprietary paradigm located primarily (and constrictively) inside adjudicative processes. He also considers the issues of inter-disciplinary thought and practice arising from national legal systems' recognition of aboriginal land rights, including the emergent and associated themes of self-determination that surfaced more overtly during the 1990s and after. The doctrine made modern legal history, and it is still making it.

Download or read book Mabo written by Margaret Anne Stephenson and published by University of Queensland Press(Australia). This book was released on 1993 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mabo case - Mabo and land rights - Native title - Pastoral leases - Mabo and political policy-making by the High Court__

Download or read book The Invention of Terra Nullius written by Michael Connor and published by . This book was released on 2005 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historical and Legal Fictions on the Foundation of Australia. History books, school curricula and legal texts all treat terra nullius as the defining doctrine in the foundation of Australia and the dispossession of the Aborigines. The High Court's Mabo decision was supposed to have overturned it. Michael Connor reveals terra nullius to be a mythical notion. It was never a phrase used in Australia in the eighteenth or nineteenth centuries. It was only injected into Australian political and legal debate in the 1970s. Since then it has meant whatever its users want it to mean. The foundation of Australia was based on entirely different concepts and terminology. The book investigates the historical writings of a number of prominent Australian academic historians and finds them sadly wanting. It finds them inaccurate and untrustworthy, not only on Australia's foundation but on subsequent relations between colonists and Aborigines. The evidence for a number of incidents of violence - especially the currently controversial Convincing Grounds Massacre at Portland, Victoria - is either exaggerated, wrong or recycled from very dubious sources. This book is not just a trenchant critique of recent historiography. It overturns the received interpretation of Australian history and puts a new perspective on this country's beginnings.

Download or read book Mabo written by Peter Butt and published by Gaunt. This book was released on 1996 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: An explanation of High Court decision on native title to land in the Mabo case and the legal and historical basis of that decision. It consists essentially of a series of extracts based on the judges' actual words. It does not include interpretation or commentary by the authors. This updated edition concludes with an additional chapter covering the Native Title Act 1993 (Cth), and outline of the Coalition Government's 1996 election promise on native title, and its paper of May 1996 titled 'Towards a more flexible Native Title Act'.

Download or read book A Mabo Memoir written by Bryan Keon-Cohen and published by . This book was released on 2013 with total page 746 pages. Available in PDF, EPUB and Kindle. Book excerpt: This acclaimed book is an insider's comprehensive account, written for the non-lawyer, by the plaintiffs' counsel, Dr. Bryan Keon-Cohen AM QC. He recounts Eddie Mabo's motivations, the Murray Islanders and their culture; lawyers and judges involved; legal aid hassles; set-backs during trial; repeated attacks by Bjelke-Petersen's government; Mabo's premature death; final success in the High Court, and the case's legacy. Published in 2011, the first edition is sold out. This revised, re-named version includes text of 600 pp, footnotes, photographs, court and personal documents, a chronology, appendices, bibliography and a detailed new Index. ..". a wonderful story in human terms, it is an important story in legal terms, and most significantly, it is a very important story for the integrity of Australia as a just nation." - The Hon Justice Michael Kirby, AC CMG

Download or read book Native Title from Mabo to Akiba written by Sean Brennan and published by . This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover image taken at Mangkuna (Corkbark) on Karajarri country in the Kimberley, Western Australia - November 2014. Photography by Edward Tran. © Copyright Kimberley Land Council.This edited collection brings together some of Australia's foremost experts in native title to provide a realistic assessment of the achievements, frustrations and possibilities of native title, two decades since the enactment of the Native Title Act 1993 (Cth), and after the most significant High Court decision on native title in more than ten years, Akiba v Commonwealth, which confirmed the existence of commercial native title fishing rights. The Indigenous and non-Indigenous authors come from a variety of disciplines and perspectives and include academics and practitioners from the fields of law, economics, anthropology, politics, history and community development. Uniting the book is a concern that native title make a real impact on the economic and social circumstances of Australia's Indigenous communities.The book consists of two parts.Part One is entitled Legal Dynamics in the Development of Native Title. It examines the way in which Australian law has defined and often constrained the scope of this newly-recognised property right. There is a particular focus on legal issues with a direct bearing on the economic potential of native title, such as alienability and the right to trade resources and the challenges posed for anti-discrimination law.Part Two is entitled Native Title as a Vehicle for Indigenous Empowerment. Authors provide an overview of the contribution made so far by native title and the prospects for future empowerment. Detailed mapping and analysis provides readers with a geographic orientation and a sense of realism about the economic potential of the native title estate, in comparison with achievements under a parallel statutory land rights regime. This part also explains some of the challenges Indigenous groups face in areas such as governance, land reform and internal politicking, as they operate in the shadow of the law, seeking to utilise native title for greater empowerment._______________________________________________________ Click here to view and listen to the Indigenous Empowerment panel discussion which includes video and audio webcasts, photos and a review essay.

Download or read book Indigenous Water Rights in Law and Regulation written by Elizabeth Jane Macpherson and published by Cambridge University Press. This book was released on 2019-08-08 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.

Download or read book Trapped by History written by Darryl Cronin and published by Rowman & Littlefield. This book was released on 2021-04-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Australian nation has reached an impasse in Indigenous policy and practice and fresh strategies and perspectives are required. Trapped by History highlights a fundamental issue that the Australian nation must confront to develop a genuine relationship with Indigenous Australians. The existing relationship between Indigenous people and the Australian state was constructed on the myth of an empty land – terra nullius. Interactions with Indigenous people have been constrained by eighteenth-century assumptions and beliefs that Indigenous people did not have organised societies, had neither land ownership nor a recognisable form of sovereignty, and that they were ‘savage’ but could be ‘civilized’ through the erasure of their culture. These incorrect assumptions and beliefs are the foundation of the legal, constitutional and political treatment of Indigenous Australians over the course of the country’s history. They remain ingrained in governmental institutions, Indigenous policy making, judicial decision making and contemporary public attitudes about Indigenous people. Trapped by History shines new light upon historical and contemporary examples where Indigenous people have attempted to engage and dialogue with state and federal governments. These governments have responded by trying to suppress and discredit Indigenous rights, culture and identities and impose assimilationist policies. In doing so they have rejected or ignored Indigenous attempts at dialogue and partnership. Other settler countries such as New Zealand, Canada and the United States of America have all negotiated treaties with Indigenous people and have developed constitutional ways of engaging cross culturally. In Australia, the limited recognition that Indigenous people have achieved to date shows that the state is unable to resolve long standing issues with Indigenous people. Movement beyond the current colonial relationship with Indigenous Australians requires a genuine dialogue to not only examine the legal and intellectual framework that constrains Indigenous recognition but to create new foundations for a renewed relationship based on intercultural negotiation, mutual respect, sharing and mutual responsibility. This must involve building a shared understanding around addressing past injustices and creating a shared vision for how Indigenous people and other Australians will associate politically in the future.

Download or read book Australian Property Law written by Anthony P. Moore and published by . This book was released on 2016 with total page 1361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australian Property Law: Cases and Materials, 5th Edition remains a comprehensive collection of statutes, cases and reference material on Australian real and personal property with notes and questions to provoke fuller understanding and matters for reconsideration.

Download or read book Inside the Mason Court Revolution written by Jason Louis Pierce and published by . This book was released on 2006 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the Australian High Court's enormously controversial and politically explosive transformation during the 1990s. Led by Chief Justice Anthony Mason, the Court embarked on a concerted effort to recast its role within Australia's legal and political systems. The Court moved to the storm center of Australian politics as it became a catalyst for reforms that appeared unobtainable through parliamentary means, including rights for Australia's indigenous population and free speech protections. Securing unprecedented access to Australia's High Court and senior appellate judges, Pierce describes how the transformation unfolded, identifies the conditions that encouraged it, and explores how the Mason Court reforms have attenuated in recent years in the face of a hostile conservative government and in the absence of formal support structures, such as a bill of rights. The book situates the High Court's transformation in the wider context of similar changes that occurred in other common law judicial systems during recent decades, including the United States, Great Britain, and Canada. "Inside the Mason Court Revolution is the 'go to' book for a solid, accessible analysis of recent jurisprudential changes on Australia's High Court, an informative explanation of why these changes occurred, and thoughtful commentary on how permanent they may be." -- Law & Politics Book Review "Pierce intelligently analyses the reasons for the Court's activism during this period, such as the passage of the Australia Act 1986 and Australia's growing legal independence, the introduction of compulsory retirement for High Court judges, and the requirement for leave to appeal in virtually all cases. This excellent work cogently analyses the criticisms made of the Court during this period that it was too 'activist' and political' for an unelected body." -- Law Institute Journal "The book is based on more than eighty in-depth interviews with the senior judiciary in Australia in the late 1990s... Pierce quotes at length from the interviews, and it is extremely valuable to hear these judges in their own words... the quotes are enormous fun, and can be very thought provoking." -- Oxford University Commonwealth Law Journal "Herein lies the book's great importance, Pierce so convincingly argues--utilising the remarks of the very echelon of the Australian profession as support--that how courts function is dependent upon a complex interplay of legal, individual, institutional and political variables that neither camp--lawyer or political scientist--can remain happily in their comfort zone." -- Federal Law Review "Against what sorts of political standards do we assess claims of the use and abuse of judicial powers? The relevance of Pierce's fascinating book is that it provides a fresh answer to this quite fundamental question... Pierce deserves many non-Australian readers." -- The American Review of Politics "Pierce has thoroughly researched his subject and, for that reason, this book is a worthwhile addition to any library." -- Precedent Magazine "[T]he judicial comments recorded in this book are in many cases both thoughtful and thought-provoking. They provide great insight into the judicial role and method from those who practise it. Both the divergences and similarities in views are instructive and this material could well prove useful for future studies on the judiciary." -- Melbourne University Law Review

Download or read book Aboriginal Sovereignty written by Henry Reynolds and published by Allen & Unwin. This book was released on 1996 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes chapter on customary law.