From a jurisprudence of regret to a regretful jurisprudence

shaping native title from Mabo to Ward

Alexander Reilly

Research output: Contribution to journalArticle

Abstract

Argument that in the case law since Mabo, the High Court has not demonstrated the flexibility or imagination required to transform the recognition of native title into a doctrine that confronts the intrinsic injustices to Indigenous peoples in Australian property law - there is scope in common law for a much stronger concept of native title - High Court had a responsibility to develop this concept in line with the principles of justice that motivated the initial recognition of native title in Mabo.
Original languageEnglish
Pages (from-to)1-30
Number of pages30
JournalE law : Murdoch University electronic journal of law
Volume9
Issue number4
Publication statusPublished - 2002

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