Mabo

Brendan Thoms was born in New Zealand in 1988. He lived permanently in Australia from 1994 but never applied for Australian citizenship. Thoms had long-standing familial connections to Australia. His maternal great-great-grandmother, grandmother, and mother were all born in Queensland. They were Australian citizens and recognised members of the Gungarri People. Thoms’s brother had also been living in Australia since 1994, while his sister was born in Queensland in 1995. She was a citizen and, like Thoms, identified and was recognised as Gungarri. ... (read more)

Since the passage of the Native Title Act 1993 (Cth) and related law reform, legal rights and interests in a significant and growing estate have been transferred to Aboriginal ...

... (read more)

Peter Russell, a distinguished Canadian student of the politics of the judiciary, asks if ‘my people’ – the English settlers of Australia, Canada, New Zealand, and the US – can live honourably. Is their authority defensible against indigenous people’s charge that ‘my people’ bullied them out of their sovereignty? Because European colonial power has been shadowed by a sense of moral unease, interpreting the colonists’ laws matters. ‘There is a lot of leeway in the law,’ Russell observes, ‘and no more so than in legal cultures based on the common law.’ The High Court of Australia’s decisions in Mabo (1992) and Wik (1996) – making native title recognisable to the common law – seemed to Russell to confirm judges’ potential to be the conscience of liberal constitutionalism.

... (read more)