william cooper v stuart

Aboriginal Traditional Marriage: Areas for Recognition, Functional Recognition of Traditional Marriage, Legitimacy of Children, Adoption and Related Issues, Questions of Maintenance and Property Distribution, Spousal Compellability in the Law of Evidence, 15. startxref [53]When the House of Commons Select Committee on Aborigines reported: see para 64. [cited 23 Jul, 3 Letters Patent for South Australia 19 February 1836. The issue for the Commission in the present Reference is the extent to which Aboriginal customary laws and traditions should be recognised by the Australian legal system now, nearly two hundred years after permanent European entry into Australia. @&fI@DQQg'jk[;y`}8$L &9kf{w _8zoZ3qh#M/F|xrgc"cLf|1H" This commentary explains the Privy Councils opinion in Cooper v Stuart (1889) 14 App Cas 286, a case which 6 Legal Tips On Protecting Yourself Against Dental Malpractice, Drugmaker Endo Signs $65 Million Opioid Settlement With Florida, Inos 17-049 GmbH Acquires Werther International, Bancomext raises $600 million to face COVID-19, 5 Great Tools for Attorneys to Improve Sales. Lawyer Monthly is a news website and monthly legal publication with content that is entirely defined by the significant legal news from around the world. 0000060797 00000 n OCTOBER 1996] UNOSOM 923 - JSTOR Y:GEEYEBwCC-YGYD6[EYE,A2Z- That which is captured by the first taker becomes his or her property. Importantly, Cooper v Stuart, through the doctrine of stare decisis, prevented Justice Blackburn in Milirrpum v Nabalco ((1971) 17 FLR 141 at 242) from recognising indigenous rights to land in the Northern Territory. >> 0000065632 00000 n /ProcSet 2 0 R This paper seeks briefly to survey some of the voluminous literature on these related topics. cf A Frame, Colonizing Attitudes towards Maori Custom (1981) NZLJ 105; MR Litchfield, Confiscation of Maori Land (1985) 15 Vict U Well L Rev 335. /F1 8 0 R 10 0 obj NO DECOROUS VEIL: THE CONTINUING RELIANCE By this means the Australian colonies directly inherited a vast body of English statute and common law. This is summed up by proposition 8: In Canada and America, the domestic dependent nation status of indigenous peoples produced perhaps no less injustice than in the south. See also GS Lester, Submission 468 (19 February 1985). See all, colonialism, colonisation, Cooper V Stuart, crown land, doctrine of tenure, New South Wales, Privy Council, settlements, terra nullius, Australian Court Case, Barwick, Chief Justice, Cooper V Stuart, Deane, Sir William, High Court of Australia, Murphy, Justice, Murphy, Justice, native title, Papua New Guinea, Privy Council, United States of America, Aboriginal Land Rights Act (Northern Territory)(1976), Australian Court Case, Brennan, Justice Gerard, Cooper V Stuart, Kakadu National Park, land rights, Mabo v Queensland No.2, Milirrpum v Nabalco Pty Ltd, 1971 , native title, Northern Territory, Pitjantjatjara, recognition, reconciliation, resistance, South Australia, Uluru National Park, Australian Court Case, Blackburn, Justice, Cooper V Stuart, doctrine of tenure, Federal Court of Australia, Gove Case, Mabo v Queensland No.2, Milirrpum v Nabalco Pty Ltd, 1971 , mining, Nabalco, Nettheim, Garth, New South Wales, Northern Territory, Privy Council, terra nullius, Yirrkala, Yolgnu, Australian Court Case, Common Law, Cooper V Stuart, crown land, New South Wales, plaintiffs, Queensland, Radical Title, sovereignty. (1979) 24 ALR 118 (Full Court). WebON 3 APRIL 1889, the Privy Council delivered Cooper v Stuart [1889] UKPC 1 (03 April 1889).. They held that New South Wales should be treated as a settled colony as at 1788, such that applicable English law arrived with the first settlers. to receive all of the latest news from the world of Law. Dr. William Cooper 17 0 obj The right of occupancy asserted by Gippss examination of legal commentaries looks like native title as we understand it from Mabo, and the title in the Discoverer looks like radical title. The Governor of the colony, before 1824, had made a land grant that was subject to a reservation that the government could reacquire, at any time, a portion of the land that might be needed for public purposes. 25 See Blackstone, above They so held on the basis that the land was 'practically unoccupied without settled inhabitants'. The International Court in the Western Sahara case emphasised that what was required was occupation by tribes or peoples having a social and political organisation (para 80). 0000020755 00000 n /Length 13 0 R The Crown in right of the State of Queensland had difficulty establishing to the satisfaction of their Honours a legal relationship or right to the property it claimed it had vested in a crocodile under the Fauna Act. Young Sheldon) je americk komedilny seril stanice CBS vytvoren Chuckom Lorreom a Stevenom Molarom.Seril, odohrvajci sa koncom 80. a zaiatkom 90. rokov 20. storoia, je spin-off Prequelom sitkomu Teria vekho tresku a predstavuje postavu Sheldona Coopera v jeho deviatich rokoch, ktor ije so svojou rodinou vo xb```f``u2l@q ^z49nOekLP5UZl[T:>y]YNaq``r``1`Pf4(%=H@?sPD Ff}@a I9bI(xpk@y hTu,,b~g1h~y << As the Privy Council pointed out in passing in Cooper v Stuart, New South Wales had been regarded as a tract of territory, practically unoccupied, without settled inhabitants or settled land, at the time when it was peacefully annexed to the British dominions. The Treaty of Waitangi (State Enterprises) Act 1988 (NZ) amended the Treaty of Waitangi Act and gave power to the Tribunal to recommend that the Crown conduct negotiations to provide redress to the Maori as a result of suffering caused (see sections 5(1)(a) and 6(3) of the Treaty of Waitangi Act). Previously, Blackstonian notions of dominion and control had dominated legal thinking about how to make claims to property. %%EOF The Australian Law Reform Commission acknowledges the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, sea and community. %PDF-1.2 Whether Aboriginal groups could be said to have constituted nations (they were, of course, not a single nation), to have had sovereignty, or to have had a political organisation outside family organisation, has been the subject of considerable debate. [27] Justice Blackburn in Milirrpums case put the distinction thus: There is a distinction between settled colonies, where the land, being desert and uncultivated, is claimed by right of occupancy, and conquered or ceded colonies. This is an NFSA Digital Learning resource. The Doctrine of Terra Nullius became a morphed and more extreme version of the Doctrine of Discovery and was not overruled until the 1992 case of Mabo v State of Queensland. Both in the Select Committee Report on New Zealand in 18442 and in the South Australian Letters Patent, the word actual qualified the indigenous right to occupation:3. endstream endobj 141 0 obj <> endobj 142 0 obj <> endobj 143 0 obj <> endobj 144 0 obj <>/Font<>/ProcSet[/PDF/Text]>> endobj 145 0 obj <> endobj 146 0 obj <> endobj 147 0 obj <> endobj 148 0 obj <> endobj 149 0 obj <> endobj 150 0 obj <> endobj 151 0 obj <> endobj 152 0 obj <>stream Australian Court Case, Barwick, Chief Justice, Cooper V Stuart, Deane, Sir William, High Court of Australia, Murphy, Justice, Murphy, Justice, native title, Papua [36] Subsequent extensions of British rule were made: on the assumption that the entire continent was to be acquired through settlement and not conquest. But see para 109 for difficulties with compensation in this context. This explanation also helped prefigure the circumstances in which the Australian state, including the Australian Constitution, developed without legitimate consideration for the rights of First Nations. However it is desirable to deal with the issue at the general level at which it is raised. www.vic.gov.au/aboriginalvictoria/treaty.html; Initially the concept was used to justify indigenous rights to land, because as early as the 16, In the scramble for Africa in the late 19, The justification by European powers for the acquisition of African territories using a concept of, The key Australian decision from the Privy Council in. As Kents Commentaries pronounced, [t]he peculiar character and habits of the Indian nations, rendered them incapable of sustaining any other relation with the whites than that of dependence and pupillage. /Filter /LZWDecode This is a very interesting and well researched book marred by its sometimes hectoring tone and enthusiastic embracement of the revisionist side of the History Wars; Coe v Commonwealth (1979) 53 ALJR 403; (1993) 118 ALJR 110; H Reynolds The Law of the Land 2nd ed Melbourne: Penguin Books 1992. }AWG5{eNw RDJ2\d"h [25] It is clear that these rules were the vehicle by which recognition of Aboriginal laws was denied. 0000000016 00000 n The Privy Council said that New South Wales was a tract of territory, practically Cooper v Stuart (1889) 14 App Cas 286. 0000003844 00000 n 0000017101 00000 n xref [31]id, 129, citing Cooper v Stuart, Aickin J agreed: id, 138. On the process of classification see further E Evatt, The Acquisition of Territory in Australia and New Zealand, in CH Alexandrowicz (ed) Grotius Society Papers 1968, The Hague, Nijhoff, 1970, 16; B Hocking, Aboriginal Land Rights: War and Theft (1982) 20 (9) Australian Law News 22, Castles, 20-31. However even this is not entirely clear. 0000063550 00000 n 0000001189 00000 n To similar effect S Jones, Submission 16G (7 June 1977); P Gray & R Williams, Submission 19 (15 June 1977) 1. That debate is of great importance, quite apart from any specifically legal consequences it may have. c2c2$&;(k*`mcI@qc.|3/O..0h^!cAU~%W6THl.23BkdXm.YgiYu*#]Ud(Vjp4^M&he&-PpiCu}(!x:)jH,-)|~#d:_*\8D*4\3\0z6M! Likewise, the history of land law in Australia is one of difficulty in establishing exactly how the Crown in right of the States establishes a legal relationship to land such that it exercises lawfully its right to grant, demise or dispose of land. However, the Committee concludes that, as a legal proposition, sovereignty is not now vested in the Aboriginal peoples except insofar as they share in the common sovereignty of all peoples of the Commonwealth of Australia. The Governor of the colony, before 1824, had made a land grant that The second part sets out the legal argument for a compact/Makkerata or recognition of prior sovereignty in Indigenous Australians, based both on part 1 and the New Zealand precedent. They were simply not relevant to the parties to the proceedings in the two cases. [41] The recognition of Aboriginal customary laws now, it has therefore been argued, depends at least in part on a reassessment of the initial classification of Australia for the purposes of the application of law. Cooper. 1996 Cambridge University Press 63 0 obj <> endobj Yrz]PI\_E[jcCY& =B2Hc|07nz"g3)(gswdK\'v213 V4hj!B h%b8FoqO9s3= bHaA1'9"lJy]9X3| m!3@wR7/rWxVejodq UcS[9(Y(N*XM1T&=8$HqA[$y1]8vQ j:yS`rhD. As a matter of present Australian law it is clear that the Crowns acquisition of sovereignty over Australia was an act of state unchallengeable in the courts. In Cooper, it was stated that the New South Wales territory consisted of a tract of See para 66 for statements of this view. See eg the discussion of initial European contact in Cape York in R Logan Jack, See I Hookey, Settlement and Sovereignty in P Hanks and B Keon-Cohen (eds). >> 0000006318 00000 n In particular, they are not a sovereign entity under our present law so that they can enter into a treaty with the Commonwealth. Queensland 4003. When the officers identified themselves, Cooper drove home and then almost killed an officer when he swerved around a roadblock erected in front of his house. endobj Cooper v Stuart (1889) 14 App Cas 286 Show simple item record Cooper v Stuart (1889) 14 App Cas 286 Files in this item This item appears in the following Collection (s) Book chapters Contains book chapters authored Andrew Fitzmaurice has very usefully explained the origins of terra nullius in the Roman law idea of the first taker. It continues to offer practitioners and academics wide topical coverage without compromising rigorous editorial standards. The Select Committee of the House of Commons on Aborigines stated in 1837: The land has been taken from them without the assertion of any other title than that of superior force and by the commission under which the Australian colonies are governed, Her Majestys Sovereignty over the whole of New South Wales is asserted without reserve. 0000061270 00000 n Request Permissions, The International and Comparative Law Quarterly. 0000030966 00000 n Aboriginal Marriages and Family Structures, Marriage in Traditional Aboriginal Societies, Aboriginal Family and Child Care Arrangements, 13. Recognition of Aboriginal Customary Laws (ALRC Report 31), 5. Aboriginal Customary Laws and Sentencing, Aboriginal Customary Laws and Sentencing: Existing Law and Practice, The Recognition of Aboriginal Customary Laws in Sentencing, Aboriginal Customary Laws and the Notion of Punishment, Sentencing and Aboriginal Customary Laws: General Principles, Taking Aboriginal Customary Laws into Account, Incorporating Aboriginal Customary Laws in Sentencing, Related Questions of Evidence and Procedure, 22. WebStudy with Quizlet and memorize flashcards containing terms like Influence on Aus., Arrival of CL in Australia, British understanding of civilisation and more. It has been argued that such a reassessment would open the way to wider recognition of customary laws by the common law. The Tribunal gives recommendations to the Crown, and often these recommendations are not binding (they have capacity to make binding recommendations in relation to Crown Forest Licence, or land subject to a memorial, but it is not often used. Reminds. See para 68. Parliament, and want to work more slowly towards a national treaty.9 Nevertheless, Victoria and South Australia have started consultation towards provincial treaties.10 Proposition 10 is the consequence: On this view, Mabo is only a step on the path to the establishment of that legal relationship. Native title in its historical context In practice, difficulties such as those encountered in Milirrpums case would be encountered, given the enormous changes in Aboriginal societies and traditions since settlement. Mabo/Cooper V Stuart [54]But see para 109 for difficulties with compensation in this context. It was applied in the Australian colonies and in New Zealand, regardless of the existence of treaties (be it Batman or Waitangi). Phone +61 7 3052 4224 0000002286 00000 n Despite and the indigenous peoples of Australia on the other should now be actively debated by Australian society at large, not just by academics and elites. >> [32] Justice Murphy considered neither Cooper v Stuart nor Milirrpum to have settled the point: Although the Privy Council referred in Cooper v Stuart to peaceful annexation, the aborigines did not give up their lands peacefully: they were killed or removed forcibly from the lands by United Kingdom forces or the European colonists in what amounted to attempted (and in Tasmania almost complete) genocide. Announces that a, OSCAR DEADLINE ALERT: Bragar Eagel & Squire, P.C. [48] Certainly the process of conquest by attrition took much longer than the acquisition of the territory of Australia as a matter of international law.[49]. [48]See I Hookey, Settlement and Sovereignty in P Hanks and B Keon-Cohen (eds) Aborigines and The Law, George Allen and Unwin, Sydney, 1984, 16, 17. >> It was the only journal which offered the reader coverage of comparative law as well as public and private international law. The Settled/Conquered Colony Debate. <]>> Local Justice Mechanisms: Options for Aboriginal Communities, Aborigines as Officials in the Ordinary Courts. The Western Saharan tribes, it held, were socially and politically organised under chiefs competent to represent them (para 80, & cf para 149). 1 Votes and Proceedings of the NSW Legislative Council, no 13, 9 July 1840. 4 H. Robert, Paved with Good Intentions: Terra Nullius, Aboriginal Land Rights and Settler-Colonial Law , ACT: Halstead Press 2016 at 50. Aboriginal Hunting, Fishing and Gathering Rights: Current Australian Legislation, Legislation on Hunting and Gathering Rights, Access to Land for Hunting and Gathering: The Present Position, Miscellaneous Restrictions Under Australian Legislation, Australian Legislation on Hunting, Fishing and Gathering: An Overview, 36. He attended and graduated from Brown University Program In Medicine in 1978, having over 45 years of diverse experience, especially in Neurology. But nevertheless Cooper v Stuart mandates the statement of proposition 6 because in 1971 Justice Blackburn still considered himself bound by it: 291) was heavily influenced by this reversal of argument previously used to protect indigenous rights in the face of colonial acquisition of territory. There was no recognition of common law native title: only a recognition of a right of occupancy fatally qualified in the southern hemisphere colonies by the word actual. The effect was of course to force an actual occupancy by the policy mechanisms just described, thus wresting Aboriginal people from their spiritual connection to country. 0000065953 00000 n Dispute Settlement in Aboriginal Communities, 29. We should be mature enough to make that concession. WebSouth Wales: Cooper v Stuart (1889), 14 App Cas 286, at p 291. At least that is what the law now says. As a result, neither conquest, cession by treaty nor settlement establish an uncontestable legal relationship to property of each State and Territory in the land those jurisdictions encompass. %PDF-1.6 % G(pKrox)mFYz.E\R|1 /L`:b2``l&A3F&>i9lg0k 'tNeNgv]ILjiuNLMCEE$tngx?:rs$N&4?{lW~Bb)+j'UOX#_f!~:Nc{LkjFei?`~24?'3%zH. Review of the Legislative Framework for Corporations and Financial Services Regulation, Religious Educational Institutions and Anti-Discrimination Laws, 2. WebCooper v. Aaron. 0000000987 00000 n In Cooper v Stuart,10 a landholder sought to prevent the Crown from resuming 10 acres reserved in the original grant in 1823 of the Waterloo estate for a public park. The decisive date was deliberately made the date of the passing of the Act, 25 July 1828, in order to gain the benefit of Peels criminal law reforms introduced during the 1820s. WebCooper, the successor in title to the original grantee, argued that this condition was invalid as it did not align with the law against perpetuities. @hA h#(P !QJc)@("2HN$b)HIbFi1IAp8 (kFQ aZT7DGJO)wHT0`r R$$ 0@L T)tV/Z*"4\7VPaAq@\9 Cx|ujp_1A@C7Ni;Y'3m2*`VF#N !r,Q~ * !i&@ bX Securing Hunting, Fishing and Gathering Rights, Aboriginal Participation in Resource Management, Administrative and Political Constraints of the Federal System, The Framework of Religious Exemptions in Anti-discrimination Legislation, Australias Corporate Criminal Responsibility Regime. This law effectively stopped anyone 11 0 obj 0000005450 00000 n 0000031992 00000 n The acknowledgment of past injustice provides no particular answer to that question. It asserts that treaty-making between the Commonwealth, the States and indigenous Australians has a legal justification. startxref William G. Cooper, et al., Members of the [25]See para 66 for statements of this view. /Type /Page [35]Additional Instructions for Lt James Cook, appointed to command His Majestys Bark Endeavour, 30 July 1768, in JM Bennett & AC Castles, A Source Book of Australian Legal History, Law Book Co, Sydney, 1979, 253-4. [40] Except so far as it has been altered by Australian Parliaments or courts, or by Imperial Acts applying to Australia, British law as it existed at these dates is still the law applicable to all citizens, including Aborigines. 9 0 obj @*" b@ 'd"7Jd(./n,nA,ho+ +Z> c|>Tzb&8&B* `hbFGs.CLCE3ddFq1#:E ;=0hm'n*J+bafLl9S$S9ERL3dP &W2b -h 2 "B,2@)"":j,* (AF}2H\LY/rA\= This commentary explains the Privy Councils opinion in Cooper v Stuart (1889) 14 App Cas 286, a case which continues to influence Australias constitutional framework. 0000031538 00000 n The land was deemed terra nullius Mabo v Queensland (No. Only then can the Crown in each of its capacities in Australia establish a legal relationship between its claims to sovereignty and rights in the. 0000016908 00000 n And proposition 7 can be stated because it demonstrates just how flimsy the legal basis established in Cooper v Stuart was to justify the denial of indigenous rights to land. At law, commencing with Attorney-General v Brown8 and then by assertion in subsequent cases (see proposition 7), occupancy of the Crown by settlement of British subjects in the new colony of New South Wales grounded absolute beneficial ownership. /Resources << In Attorney-General v Brown, a landowner tried to take coal from his granted land where a reservation clause in the grant provided for Crown ownership of the coal. 0000034568 00000 n Thus British law was applied in the colony from the first. [35] According to Castles, each of the steps taken by Cook demonstrated that he was following those parts of his instructions which assumed that Australia was to be treated as uninhabited. >> << Special Protection for Aboriginal Suspects? Webis generally regarded as settled, a legal principle laid down in Cooper v Stuart7 in 1889 and followed by Blackburn J in Milirrpum v Nabalco Pty Ltd in 1971. But the Maori experience suggests that such recognition would have been grudging and temporary. [30] Attorney-General v Brown (1847) 1 Legge 312. The Growth of Japanese Dispute Resolution, The Threshold for Perversity When Challenging the Assignment of Claims, Crime in Art Law: Digitalisation, Trafficking and Destruction, div#side-jobs-widget br {display: none;}div#side-jobs-widget strong{display:Block;}.slj-job.slj-job-sidebar{margin:0 0 25px;}, OSCAR HEALTH 72 HOUR DEADLINE ALERT: Former Louisiana Attorney General, UPSTART HOLDINGS 96 HOUR DEADLINE ALERT: Former Louisiana Attorney, OUTSET MEDICAL ALERT: Bragar Eagel & Squire, P.C. William Watson, Baron Watson - Wikipedia CHRISTIAN FOUNDATIONS OF AUSTRALIAS - Murdoch WebMlad Sheldon (angl. The Mabo judgment has done much to put those claims onto a more secure foundation, but as one author has put it, the radical title fiction has simply replaced the feudal fiction.1, And of course, Mabo could say nothing about the acquisition of sovereignty over Australias land mass and territorial seas. Spanning the centuries from Hammurabi to Hume, and collecting material on topics from art and economics to law and political theory, the OLL provides you with a rich variety of texts to explore and consider. Cooks secret instructions had provided that he should acquire territory with the consent of the Natives. [27]Commentaries on the Laws of England (1765) vol 1, 107. The International and Comparative Law Quarterly William Cooper v The Honourable Alexander Stuart (New >> He was Lord Advocate , the most senior Law [52]Two Hundred Years Later (1983) para 3.46. 140 0 obj <> endobj /Contents 9 0 R h|y TSwbLuhEjqR(2( Peter O'Grady trading as Legal Helpdesk Lawyers ABN 93 775 540 127 | Shop K2, Bridgepoint Shopping Centre, 1-3 Brady Street, Mosman NSW 2088 The Distinction Between Settled and Conquered Colonies. \9d +9 yb &`h`.Fc8PJP\ cn9& a9 &lH,G#LDFCpEQ] -QApS : 8sJ1Ny]"fSo9_#eNFIE1Tq&Qz+JTZ1a1%\0x\6B6VY 2B The case, Cooper v Stuart , had nothing to do with the rights of Aboriginal people in New South Wales. This was not because necessarily indigenous rights were ignored. /hWj|]e_+-7 endstream Each of the cases (Attorney-General v Brown, Cooper v Stuart) in the 19th century were designed to guard the Crown against the unwarranted overreach of powerful and wealthy colonists intent on challenging the skeleton of principle underpinning English land law and the exercise of the Crowns prerogative through Governors in granting land before any representative assembly was established. It is hardly necessary to say that the question is not how the manner in which Australia became a British possession might appropriately be described. enquiries. a Q;AO.0@.t;h*() B` 2,8fd/^rq?1 H #x9230:C GDpqs7>ao"'2BSUmA7#h2KrD* << (1979) 24 ALR 118 (Full Court). 65 The Australian Courts Act 1828 (Imp) s 24. 0000002726 00000 n To use the Roman law concepts here, the occupancy of the Aboriginal people was not considered sufficient to make them first taker and thus property owner of the land in the new colony. stream Additional Instructions for Lt James Cook, appointed to command His Majestys Bark Endeavour, 30 July 1768, in JM Bennett & AC Castles. The Commissions Work on the Reference, Special Needs for Consultation and Discussion, 3. WebJ. 2020 Peter O'Grady, Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window). Community Wardens and other Forms of Self-Policing, Policing Aboriginal Communities: Conclusions, 33. ,)bL $Oy %yLAFX%*0S~mPwmdRi_~?V-y*='L8Q The Recognition of Traditional Marriages: General Approach, Existing Recognition of Traditional Marriages under Australian Law, Alternative Forms of Recognition of Aboriginal Traditional Marriages, Recognition of Traditional Marriages as De Facto Relationships, Enforcement of Traditional Marriage Rules, Traditional Marriage: Definition and Proof, 14. Level 8, Waterfront Place, 1 Eagle Street, Brisbane Qld 4000. 0000001216 00000 n Had Australia been treated as a conquered colony, Aboriginal customary laws, to the extent that they had not been expressly abrogated, would presumably have been recognised, at least in their application to Aborigines. The Issue for the Commission. The Botany Bay Medallion First Fleet [44]cf G Blainey, Triumph of the Nomads, rev edn, Sun Books, Melbourne, 1983, 67-83, and see further para 883-7. /Filter /LZWDecode 0000003422 00000 n Yorta Yorta man William Cooper establishes the Australian Aborigines' League in Melbourne together with Margaret Tucker, Eric Onus, Anna and Caleb Morgan, and Shadrach James. endstream Web2019] COOPER V. AARON AND JUDICIAL SUPREMACY 257 such a mix of the laudable and contestable. As Hannah Robert has shown, the story is more complex and the central problem is how occupancy as a concept played out. If we do not, the Australian legal system will continue to rest on a dubious basis of either fraud or a mistake of fact. Aboriginal Customary Laws: Recognition? Discrimination, Equality and Pluralism, Criteria for Equality: A Comparative Perspective, The Position under the United States Constitution, The Position in Other Comparable Jurisdictions, Pluralism, Public Opinion and the Recognition of Aboriginal Customary Laws, Human Rights and Indigenous Minorities: Collective Guarantees, The Recognition of Aboriginal Customary Laws and Human Rights Standards, 12.

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