Compromised Jurisprudence: Native title cases since Mabo - Softcover

Strelein, Lisa

Softcover

ISBN 10: 0855755334 ISBN 13: 9780855755331

Publisher: Aboriginal Studies Press, 2006

Synopsis

The effects of the evolution of native title on Australian jurisprudence are carefully examined in this updated chronicle that covers everything from the original decision Mabo v Queensland [No.2] to the significant High Court cases in 2002 and the recent Bennell decision in 2008. This remarkably accessible exploration provides critical analysis of 10 significant cases, a time line that maps the trajectory of key doctrines, and identification of the underlying themes and contradictions in the law. Containing an updated, annotated case list and a revised introduction and conclusion that comment on recent developments, this new edition of a unique critique will be infinitely useful to scholars, students, legal practitioners, the judiciary, and policy makers, among others.

About this title

Review

"In a remarkably accessible format, Strelein provides succinct and considered analyses of 10 major native title decisions with considered reflections on the evolving jurisprudence. Compromised Jurisprudence will be invaluable to those working in the area of native title." Garth Nettheim, professor emeritus, faculty of law, University of New South Wales"

"The work of a gifted legal scholar and writer, the book contains many valuable lessons and insights that Indigenous rights advocates around the world will be able to utilise in their own legal efforts." Robert A. Williams, Jr., E. Thomas Sullivan Professor of Law and American Indian Studies, University of Arizona, Rogers College of Law"

"This book is an exceptional synthesis of the major native title decisions in Australia. Strelein's deep understanding of this issue is evident on very page. It is a work of profound importance." John Borrows, professor and law foundation chair in aboriginal justice, University of Victoria Law School, British Columbia"

Synopsis

The advent of native title twelve years ago dramaticaIly altered the law, and Australian public policy. Since its inception native title has had a fundamental impact on social relations between Indigenous and non-Indigenous Australians with the courts continuing to play a central role in its development. In this challenging new work, Strelein charts, and comments on, the evolution of native title from its uncertain foundations to an arguably flawed jurisprudence."Compromised Jurisprudence" traces the development of the courts' thinking from the original decision in Mabo v Queensland (No 2), through to the significant High Court decisions in 2002 in Western Australia v Ward and Yorta Yorta, and the subsequent implementation of those cases by the Federal Court in cases such as De Rose Strelein provides a discrete analysis of the most significant cases, while a timeline of events lets the readers map the trajectory of the key doctrines. Strelein's lucid conclusion identifies the underlying themes and contradictions in the law.

Edition details

• Publisher: Aboriginal Studies Press
• Publication date: 2006
• Language: English
• ISBN 10: 0855755334
• ISBN 13: 9780855755331
• Binding: Paperback
• Number of pages: 288