Compromised Jurisprudence

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 Australians and the courts have played a central role in its development, and continue to do so. Fifteen years have seen the evolution of native title from uncertain foundations to an arguably comprised jurisprudence. Strelein traces the development of the courts'' thinking from the original decision Mabo v Queensland [No.2], through to the significant High Court cases in 2002, and the Federal Court''s implementation in cases like De Rose, and the recent Bennell decision in 2008. Each chapter contains a discrete analysis of the most significant cases during the period. A timeline maps the key doctrines while the book''s conclusion identifies the underlying themes and contradictions in the law. This is the only critical non-textbook analysis of native title law. The new edition contains an updated annotated case list, while a revised introduction and conclusion comment on recent developments.