The Resource A jurisprudence of difference : the denial of full respect in the Australian law of Native title, Stephen Charles Herne, (electronic resource)

A jurisprudence of difference : the denial of full respect in the Australian law of Native title, Stephen Charles Herne, (electronic resource)

Label
A jurisprudence of difference : the denial of full respect in the Australian law of Native title
Title
A jurisprudence of difference
Title remainder
the denial of full respect in the Australian law of Native title
Statement of responsibility
Stephen Charles Herne
Creator
Subject
Language
eng
Summary
The recognition of native title changed the foundations on which the Australian law of real property rested. However, the phrase "the promise of Mabo" is not one much heard any more, rather one talks of a "high water mark", as if Wik and Yanner v Eaton belonged to a golden age long passed. While Mabo (1992) affirmed native title as a legal right of exclusive occupation and possession, it denied any legal remedy for 200 years of dispossession and extinguishment, and while Wik (1996) affirmed a diminished native title on land subject to pastoral leases, it has been interpreted to deny native title any equality of interest with other proprietary rights. What now is the state of the Australian law on native title? The sad fact is that more than ten years after Mabo and after years of "debilitating litigation",1 no one has a positive word to say about native title as a coherent legal doctrine, least of all, the High Court.2 While it is universally conceded that the settlement of native title issues is best achieved by agreement rather than litigation, there remains a need to focus on the fundamental legal principles which underlie the recognition and protection of native title in Australia, in order that informed discussion of native title can take place and that settlements may have a clear foundation. The object of this thesis is to examine the way in which Australian law has conceived of native title as a legal right to property. This is done by reference to the fundamental legal principles that underlie the recognition of native title and the protection of proprietary interests in land. What is revealed is a constant tension between legal principle and pragmatic concerns. [abstract]
http://library.link/vocab/creatorName
Herne, Stephen Charles
Dissertation note
Thesis (Ph.D.)--University of Western Australia, 2009
http://library.link/vocab/subjectName
  • Australia
  • Australia.
  • Australia.
  • Common law
  • Crown lands
  • Jurisprudence
  • Land tenure
  • Law
  • Native title (Australia)
  • Right of property
Label
A jurisprudence of difference : the denial of full respect in the Australian law of Native title, Stephen Charles Herne, (electronic resource)
Link
Instantiates
Publication
Note
Title from electronic document (viewed 3/6/09)
Contents
Introduction; Comparative jurisprudence: Native title as a property right; Full respect: the standard by which to assess the conceptualisation and extinguishment of Native title; The denial of full respect in the conceptualisation of Native title; Radical title does not affect the capacity of Native title holders to assert property rights; The denial of full respect in the extinguishment of Native title; An overall assessment of the denial of full respect; Bibliography; Table of cases and legislation
System details
System requirements: reader required to view pdf document
Type of computer file
Text
Label
A jurisprudence of difference : the denial of full respect in the Australian law of Native title, Stephen Charles Herne, (electronic resource)
Link
Publication
Note
Title from electronic document (viewed 3/6/09)
Contents
Introduction; Comparative jurisprudence: Native title as a property right; Full respect: the standard by which to assess the conceptualisation and extinguishment of Native title; The denial of full respect in the conceptualisation of Native title; Radical title does not affect the capacity of Native title holders to assert property rights; The denial of full respect in the extinguishment of Native title; An overall assessment of the denial of full respect; Bibliography; Table of cases and legislation
System details
System requirements: reader required to view pdf document
Type of computer file
Text

Library Locations

    • Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS)Borrow it
      51 Lawson Cres, Acton, ACT, 2601, AU
      -35.292556 149.118617
Processing Feedback ...