Mabo

Mabo
Author: Film Australia
Publisher:
Total Pages:
Release: 2000
Genre: Australia. Native Title Act, 1993
ISBN: 9780642565259

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.

Mabo and Native Title

Mabo and Native Title
Author: Will Sanders
Publisher:
Total Pages: 96
Release: 1994
Genre: Social Science
ISBN:

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.

Eddie Koiki Mabo

Eddie Koiki Mabo
Author: Noel Loos
Publisher: Univ. of Queensland Press
Total Pages: 223
Release: 2013
Genre: Biography & Autobiography
ISBN: 0702251607

'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.

Mabo, Wik & Native Title

Mabo, Wik & Native Title
Author: Peter Butt
Publisher:
Total Pages: 134
Release: 2001-01
Genre: Law
ISBN: 9781862873865

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.

Aboriginal Customary Law: A Source of Common Law Title to Land

Aboriginal Customary Law: A Source of Common Law Title to Land
Author: Ulla Secher
Publisher: Bloomsbury Publishing
Total Pages: 667
Release: 2014-12-01
Genre: Law
ISBN: 1782253777

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).

Australian Constitutional Landmarks

Australian Constitutional Landmarks
Author: H. P. Lee
Publisher: Cambridge University Press
Total Pages: 476
Release: 2004-01-12
Genre: Law
ISBN: 9781139450355

Australian Constitutional Landmarks presents the most significant cases and controversies in the Australian constitutional landscape up to its original publication in 2003. Including the Communist Party case, the dismissal of the Whitlam government, the Free Speech cases, a discussion of the race power, the Lionel Murphy saga, and the Tasmanian Dam case, this book highlights turning points in the shaping of the Australian nation since Federation. Each chapter clearly examines the legal and political context leading to the case or controversy and the impact on later constitutional reform. With contributions by leading constitutional lawyers and judges, as well as two former chief justices, this book will appeal to members of the judiciary, lawyers, political scientists, historians and people with a general interest in Australian politics, government and history.

Aboriginal Peoples, Colonialism and International Law

Aboriginal Peoples, Colonialism and International Law
Author: Irene Watson
Publisher: Routledge
Total Pages: 204
Release: 2014-10-17
Genre: History
ISBN: 1317938372

This work is the first to assess the legality and impact of colonisation from the viewpoint of Aboriginal law, rather than from that of the dominant Western legal tradition. It begins by outlining the Aboriginal legal system as it is embedded in Aboriginal people’s complex relationship with their ancestral lands. This is Raw Law: a natural system of obligations and benefits, flowing from an Aboriginal ontology. This book places Raw Law at the centre of an analysis of colonisation – thereby decentring the usual analytical tendency to privilege the dominant structures and concepts of Western law. From the perspective of Aboriginal law, colonisation was a violation of the code of political and social conduct embodied in Raw Law. Its effects were damaging. It forced Aboriginal peoples to violate their own principles of natural responsibility to self, community, country and future existence. But this book is not simply a work of mourning. Most profoundly, it is a celebration of the resilience of Aboriginal ways, and a call for these to be recognised as central in discussions of colonial and postcolonial legality. Written by an experienced legal practitioner, scholar and political activist, AboriginalPeoples, Colonialism and International Law: Raw Law will be of interest to students and researchers of Indigenous Peoples Rights, International Law and Critical Legal Theory.

Indigenous Water Rights in Law and Regulation

Indigenous Water Rights in Law and Regulation
Author: Elizabeth Jane Macpherson
Publisher: Cambridge University Press
Total Pages: 313
Release: 2019-08-08
Genre: History
ISBN: 1108473067

A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.

Compromised Jurisprudence

Compromised Jurisprudence
Author: Lisa Strelein
Publisher: Aboriginal Studies Press
Total Pages: 274
Release: 2009
Genre: Law
ISBN: 0855756632

First edition published in 2006.

A Mabo Memoir

A Mabo Memoir
Author: Bryan Keon-Cohen
Publisher:
Total Pages: 746
Release: 2013
Genre: Aboriginal Australians
ISBN: 9781742983486

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