LAW8709 Comparative Native Title Law and Policy
|Short Description:||Comparative Native Title Law &|
|Faculty or Section :||Faculty of Business, Education, Law and Arts|
|School or Department :||School of Law and Justice|
|Student contribution band :||Band 3|
|ASCED code :||090900 - Law|
|Grading basis :||Graded|
|Version produced :||23 February 2019|
Pre-requisite: (LAW5111 and LAW5112) or Students must be enrolled in one of the following Programs: LLBH or LLMC
Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.
This course constructs a chronology of the recognition and refinement of the concept of native title in Australia, and intersperses with this an exploration of the relevant legal history in the US, Canada and New Zealand. It examines the Australian legal landscape prior to the watershed Mabo (No2) decision, critically re-examines that decision and its implications, and explores the essence of the parallel but much longer legal histories in other key countries - in the process providing a case study in comparative methodology. The course then returns to Australia, examining the initial federal legislative response in the Native Title Act 1993 (Cth), the succeeding critical Australian cases on extinguishment and ultimately proof and content, the evolution of the federal legislation, and the pattern of agreement making across the country. It concludes with a close exploration of key contemporary controversies and initiatives in the field.