indigenous australians and the law

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Indigenous Australians And The Law

Author : Martin Hinton
ISBN : 9781135314392
Genre : Law
File Size : 34. 51 MB
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Bringing together a well-respected team of commentators, many of them indigenous Australians themselves, this revised and updated edition examines the legal, social and political developments that have taken place in Australia since the publication of the last edition. Providing students with a greater understanding of the issues facing Indigenous Australians in the hope of contributing to reconciliation, the authors explore a broad range of developments, including: human rights and reconciliation in contemporary Australia; the demise of ATSIC; issues of indigenous governance and water rights. Giving readers an incisive account of the resounding impact of social, political and legal conditions upon the Indigenous people of Australia and their interaction with and recourse to the law, this book is an excellent resource for those interested in the law of a coloniser or conqueror and its lasting impact upon first nations.

Legal Essays

Author : James Bradley Thayer
ISBN : HARVARD:32044058156316
Genre : Law
File Size : 71. 36 MB
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Indigeneous Australians The Law

Author : Martin Hinton
ISBN : 9781135316907
Genre : Law
File Size : 85. 16 MB
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This book concentrates on areas of the law which are currently of great importance to the indigenous Australians. The subjects covered include the legacy of colonialism; de-racialisation; empowerment,sentencing and the criminal justice system; native title; public health law; reconciliation and the constitution; self-determination; common law and customary law; and human rights. The aim of this book is to familiarise law students with the culture of the indigenous people of Australia and to stimulate an appreciation of the impact of the law in its various forms upon the indigenous people, the obstacles to their full participation in the community, and the rocky road to reconciliation. It is hoped that this book will in some small way contribute to reconciliation by placing students, in particular, in a position of greater understanding.

Indigenous Legal Issues

Author : Heather McRae
ISBN : 0455225729
Genre : Aboriginal Australians
File Size : 81. 43 MB
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Indigenous Affairs continues to be a controversial and fast moving area of public policy and law, the latest issue being whether racial equality needs to be dispensed with in order to protect Indigenous children. This edition, as with previous editions, will cover the full scope of Indigenous legal issues with considerable depth, including extracts of key primary materials. Readers from all walks of life and professions will find the new edition a useful introduction to Indigenous legal issues and ideal reference textbook for the workplace. Among the significant developments considered in this edition are: The abolition of ATSIC and recent moves towards establishing a successor body (or bodies) to represent Indigenous Australians; the continuing need to 'close the gap' between the socio-economic conditions of Indigenous and other Australians; the federal Government's 'Northern Territory Emergency Response' intervention in 2007; the change of national government later that year followed by the Commonwealth Parliament's 2008 apology to 'the Stolen Generations'; and the Palm Island case. The final Part contains a new chapter on International Law developments, and concludes by surveying a number of outstanding issues on the agenda of social justice and reconciliation. The authors share the belief that the law has contributed to the disadvantaged position of so many Indigenous Australians, but that the law also has a key role to play in the search for solutions and reconciliation. Readers are encouraged to assess the progress, or lack of progress, that has been made towards these goals in the past few years.

Everything You Need To Know About The Referendum To Recognise Indigenous Australians

Author : Megan Davis
ISBN : 9781742241944
Genre : Political Science
File Size : 43. 25 MB
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This book explains everything that Australians need to know about the proposal to recognise Aboriginal peoples in the Constitution. It details how our Constitution was drafted, and shows how Aboriginal peoples came to be excluded from the new political settlement. It explains what the 1967 referendum – in which over 90% of Australians voted to delete discriminatory references to Aboriginal people from the Constitution - achieved and why discriminatory racial references remain. With clarity and authority the book shows the symbolic and legal power of such a change and how we might get there. Concise and clear, it is written by two of the best-known experts in the country on matters legal, indigenous and constitutional. Recognise is essential reading on what should be a watershed occasion for our nation.

Indigenous Australians Social Justice And Legal Reform

Author : Hossein Esmaeili
ISBN : 1760020613
Genre : Aboriginal Australians
File Size : 50. 56 MB
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"Elliott Johnston was a most unusual lawyer...Coming generations of lawyers can be encouraged to reflect upon the causes of justice and equality that he so powerfully espoused." - The Hon Michael Kirby AC CMGTwenty-five years after Elliott Johnston's thorough and prescient Report on the Royal Commission into Aboriginal Deaths in Custody, juvenile justice, freedom of speech, racial discrimination, human rights and a referendum on constitutional 'recognition' of Indigenous Australians remain subjects of contestation, national debate and international scrutiny.In this collection, 17 distinguished Indigenous and non-Indigenous jurists, scholars and community leaders show common cause with Johnston. They pursue better ways of understanding social values, justice and equality expressed through issues of native title, incarceration rates, cultural protection, self-determination and rights of Indigenous peoples. They look to the law as a site of hope and an instrument of public education and principled change.

Achieving Social Justice

Author : Larissa Behrendt
ISBN : 1862874506
Genre : Law
File Size : 33. 97 MB
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Cover artwork: Women Within by Bronwyn Bancroft - Courtesy Boomalli Aboriginal Artists Cooperative Shortlisted for the Stanner Award 2004. Larissa Behrendt attacks the chasm which has grown between Indigenous lives and aspirations in Australia, and the psychological terra nullius which continues, despite Mabo, to pervade so much of Australia's mythology and policy. She proposes longer term, aspirational initiatives leading to institutional change that will facilitate greater rights protection and the exercise of self-determination, including: a preamble to the Constitution a treaty the national self-image economic redistribution alternative institutional forms regional framework agreements a more energised politics Constitutional protection.

Indigenous Legal Relations In Australia

Author : Larissa Behrendt
ISBN : STANFORD:36105134505770
Genre : Law
File Size : 63. 93 MB
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"This book looks at Indigenous peoples' contact with Anglo-Australian law, and deals primarily with the problems the imposed law has had in its relationship with Indigenous people in Australia. This is supplemented by comparative sections on Indigenous pe

Aboriginal Peoples Colonialism And International Law

Author : Irene Watson
ISBN : 9781317938378
Genre : History
File Size : 46. 42 MB
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This work is the first to assess the legality and impact of colonisation from the viewpoint of Aboriginal law, rather than from that of the dominant Western legal tradition. It begins by outlining the Aboriginal legal system as it is embedded in Aboriginal people’s complex relationship with their ancestral lands. This is Raw Law: a natural system of obligations and benefits, flowing from an Aboriginal ontology. This book places Raw Law at the centre of an analysis of colonisation – thereby decentring the usual analytical tendency to privilege the dominant structures and concepts of Western law. From the perspective of Aboriginal law, colonisation was a violation of the code of political and social conduct embodied in Raw Law. Its effects were damaging. It forced Aboriginal peoples to violate their own principles of natural responsibility to self, community, country and future existence. But this book is not simply a work of mourning. Most profoundly, it is a celebration of the resilience of Aboriginal ways, and a call for these to be recognised as central in discussions of colonial and postcolonial legality. Written by an experienced legal practitioner, scholar and political activist, AboriginalPeoples, Colonialism and International Law: Raw Law will be of interest to students and researchers of Indigenous Peoples Rights, International Law and Critical Legal Theory.

International Law And Aboriginal Human Rights

Author : Barbara Hocking
ISBN : STANFORD:36105044166960
Genre : Law
File Size : 68. 99 MB
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