Native title
8 points
* 3 hours per week
* First semester
* Clayton
* Prerequisites: Full first year with one of ABS1, ABS2, HSY1040, GSC1801,
HSC1803, GSC2802, GSC2804, GSC2805, KRS2010, KRS2020, HSY2260, LAW1100
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, sovereignity, 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 Tutorial paper and written summary (1000 words): 10%
*
Assignment (3000 words): 40%
* Examination (2 hours): 40%
* Attendance
and participation: 10%
Prescribed texts
Brennan F Sharing the country Penguin, 1991
Durack M Mabo and after Institute of Public Affairs, 1992
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
| Published by Monash University, Clayton, Victoria
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