Compromised Jurisprudence: Native title cases since Mabo, 1st edition

Lisa STRELEIN

Availability: Print

May 2006, pb, 230x152mm, 288pp
RRP $39.95 incl. GST
ISBN 9780855755331

2nd edition available November 2009

Native title has dramatically altered the law and public policy in Australia. It has had a fundamental impact on social relations between Indigenous and non-Indigenous people. The courts have played a central role in its development, and continue to do so. Twelve years have seen the evolution of native title: from uncertain foundations to an arguably compromised, 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 2001 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. Each chapter contains a discrete analysis of the most significant cases during this period. A timeline of events enables us to map the trajectory of the key doctrines of native title. The book’s conclusion identifies the underlying themes and contradictions in the law.

Dr Lisa Strelein is the Manager and Research Fellow of the Native Title Research Unit, AIATSIS, the leading research and resource centre for native title research in Australia. Her many publications are renowned for their timeliness. They have been taken up in Indigenous studies, property and environmental law studies. She has written for award-winning multimedia.