Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS)

Rethinking Mabo as a clash of constitutional languages, by Stephen William Robson

eng

Bibliography: p. 437-452

Thesis (Ph.D.)--Murdoch University, 2006.

no index present

non fiction

Rethinking Mabo as a clash of constitutional languages

bibliographytheses

by Stephen William Robson

Mabo and the claims for recognition -- The politics of cultural recognition and modern constitutionalism -- Constitutional languages and cultural diversity -- Common constitutionalism and the claims of Indigenous peoples: the conventions of common constitutionalism: consent, continuity;The conventions and common law; Common law not uniform: Coke and colonialism; Distinction between common law and common constitutionalism; Human rights and Indigenous peoples -- Australia's European and Indigenous constitutional traditions : Constitutional traditions; Indigenous traditions; Treaty constitutionalism; Mutual recognition -- The languages before Mabo: rights of acquisition dependent upon consent; The presumption of an empty land; Support for continuity of native title; Federation and Indigenous peoples; The campaign for federal power; The Yirrkala land case; Aboriginal Land Rights Commission; Racial discrimination legislation; Coe v Commonwealth; Retreating from injustice; Mabo protected by RDA; Queensland Supreme Court - gains and losses -- The High Court's Mabo decision: attitudes towards original inhabitants; Sovereignty; Settlement and occupation; Radical and beneficial titles; Pre-existing interests; Claims for recognition; The impact of legislation and grants upon native title: a particular claimbut general rules; Absence of consent; Fiduciary duty; Racial discrimination; Consequences of wrong policy; Compensation -- The Keating Government's response to Mabo: the significance of Mabo; Response to the Mabo decision; Native title legislation; Recognition and "land management"; The RDA and past grants; Consent: discussion paper response; Compensation; Future grants; COAG and the parliamentary strategy; COAG and Aboriginal and Torres Strait Islander peoples; Party attitudes to Mabo: the High Court decision; Federal/State relations; The draft legislation: future acts; consent and the right to negotiate; Party attitudes to the Native Title Bill: recognition; the right to negotiate -- High Court developments and the Howard government reaction: WA High Court challenge; The Wik decision; The reactions to Wik: political and legal factors; the Coalition's initial proposals; Reactions and responses to Wik; Ten Point Plan; Party attitudes to the legislation: recognition; right to negotiate; Parliamentary debate; Indigenous influence -- Aboriginal and Torres Strait Islander peoples and Mabo: ATSIC; Aboriginal peace plan; Eva Valley statement; Comments by Indigenous leaders: Noel Pearson, Patrick Dodson; MIchael Dodson; Larissa Behrendt; Extinguishment and recognition -- The significance of the Council for Aboriginal Reconciliation: the Council and mutual recognition; The Council's post-Mabo submission; Parliament and reconciliation; The final report; Howard government response -- Constitutional languages and Australia's first peoples: application to Australia, constitutionalism and Indigenous peoples