KRS2030

Native title

Not offered in 1999

John Tuck

8 points - 3 hours per week - First semester - Clayton - Prerequisites: First-year sequence, or with approval of course coordinator

Objectives On completion of this subject students should have acquired a legal, historical and philosophical understanding of Australian (particularly Victorian) legislation and policies relating to Aboriginal land law; analysed and critically commented upon Aboriginal land law, and assessed the impact of the common law and Australian (particularly Victorian) legislation on the land rights of indigenous peoples of Australia.

Synopsis A study of the High Court Mabo decision, the Native Title Act and the history of the land rights movement. The main topics will include an examination of land rights, land tenure, British law; colonisation; sovereignty; the land rights movement from a historical and contemporary perspective considering specific case studies; recognition of Aboriginal customary law; the Mabo case; native title - its implications; the Land Acquisition Fund and a comparison with land rights achievements in other colonised countries such as the USA, New Zealand and Canada.

Assessment Seminar paper (2000 words): 25% - Research assignment (3000) words: 45% - Class test (1 hour): 20% - Attendance and participation: 10%

Recommended texts

Butt P and Eagleson R Mabo - What the High Court said 2nd edn, Federation Press, 1996
Cunneen C and Libesman T Indigenous people and the law in Australia Butterworths, 1995
McRae H, Nettheim G and Beacroft L (eds) Indigenous legal issues LBC, 1997
Reynolds H Aboriginal sovereignty Allen and Unwin, 1996
Stephenson M Mabo: A judicial revolution UQP, 1993
Stephenson M Mabo: The native title legislation UQP, 1995

Back to the 1999 Arts Handbook