Harry Hobbs
Biographic Data
| ID | 326351 |
|---|---|
| NAME | Harry Hobbs |
| GIVEN NAMES | Harry |
| FAMILY NAME | Hobbs |
| SIGNATURE | HOBBS H |
| AFFILIATIONS | University of Technology Sydney |
| ORCID | 0000-0001-9903-6908 |
| VERIFIED | Yes |
| TOTAL WORKS | 33 |
| TOTAL CITATIONS | 15 |
| AUTHOR COUNT | 33 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2012 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 2 |
The Role of Parliament in Indigenous–State Agreement-Making
Parliaments play a more significant role in Indigenous–State agreement-making than often acknowledged. While much attention focuses on the executive, which drives processes and negotiates settlements, Parliament is not merely a bystander. It can both actively support treaty-making and undermine processes. This article presents a typology of the roles Parliament may play before examining three case studies: British Columbia, Aotearoa New Zealand, …
Strengthening Treaty Understanding: The Role of Education in Building Durable Indigenous–State Agreements
Education is a central mechanism for ensuring that Indigenous–State treaties are understood, supported and endure through political change. Public knowledge shapes the negotiation, acceptance, implementation and long‐term stability of agreements. In Australia, however, treaty knowledge remains fragmented. Misconceptions about purpose, legal status, and implications persist, limiting constructive debate and hindering meaningful engagement. Drawing…
Treaty attitudes among parents and caregivers of indigenous families
This exploratory study examines factors influencing support for treaty-making among parents and caregivers of Indigenous youths in Australia. Despite calls for Indigenous–state treaties for more than half a century, empirical evidence on attitudes towards contemporary treaty-making remains remarkably limited. Using data from the Longitudinal Study of Indigenous Children ( n = 682), over 80% of respondents rated treaty as ‘very important’ increasi…
Indigenous Treaty-Making and Legal Pluralism in Australia
Law & Culture
The Concerning Intersections of Sovereign Citizen and Indigenous Sovereignty Claims
In Australia and Aotearoa New Zealand, the influence of sovereign citizen pseudolaw on Indigenous sovereignty advocacy is increasingly visible. This influence was apparent in the referendum on an Aboriginal and Torres Strait Islander Voice, COVID-19 protests, and in legal claims and native title disputes. In this article, we explain how sovereign citizen pseudolaw damages Indigenous peoples and communities by undermining their efforts to obtain s…
Towards a Legal Era of Islands: The International and Constitutional Legal Status of Island Territories
The characterisation, legal status and future of islands are increasingly prominent in international and legal affairs. This emerging ‘legal era of islands’ demands a clearer understanding of the multiple distinctive legal issues that islands, whether as sub-national political units or as the territory of continental or mainland States, raise. This article conducts the first contemporary study of these issues by examining the international and co…
The Internationalisation of Pseudolaw: The Growth of Sovereign Citizen Arguments in Australia and Aotearoa New Zealand
Pseudolaw refers to the phenomenon whereby adherents adopt the forms and structures of legal argumentation while substituting the substantive content and underlying principles for a distinct and parallel set of beliefs. In this article, we explore and catalogue the forms of pseudolegal claims made by a particular subset of adherents – the sovereign citizen movement – in one part of the common law world: courts in Australia and Aotearoa New Zealan…
Taking Stock of Indigenous-State Treaty-Making in Australia: Opportunities and Challenges
Aspirations for an Indigenous treaty or treaties in Australia must confront a challenging landscape. How can we retrofit a substantive treaty-making process on a legal and political system that has not been designed to engage meaningfully with Aboriginal and Torres Strait Islander peoples? Talking treaty more than two hundred years after first contact is difficult, but many jurisdictions are exploring this conundrum right now. This article provid…
The Prince of the Abrolhos, 2020-2023: On Micronations and Pseudolaw in Western Australia
This article examines the Houtman Abrolhos Micro Nation, established by Kristin MacDonald, a Western Australian man, in 2020. The article draws on media reports and documents prepared by the 'prince' in support of his legal claims. Notwithstanding a curious attempt to draw support from the neighbouring micronation of New Westralia, MacDonald's claims were quickly dismissed by the Geraldton Magistrates Court in 2023, and the micronation has ceased…
The Voice and its constitutional relationship to parliament and government
Unraveling the International Law of Colonialism: Lessons From Australia and the United States
In the 1823 decision of Johnson v. M’Intosh, Chief Justice John Marshall formulated the international law of colonialism. Known as the Doctrine of Discovery, Marshall’s opinion drew on the practices of European nations during the Age of Exploration to legitimize European acquisition of territory owned and occupied by Indigenous peoples. Two centuries later, Johnson—and the international law of colonialism—remains good law throughout the world. In…
How to Rule Your Own Country: The Weird and Wonderful World of Micronations
Egalitarian nationhoods: A political theory in defence of the voice to parliament in the Uluru Statement from the Heart
The 2017 Uluru Statement from the Heart called for a constitutionally enshrined Voice to parliament, and a Makarrata Commission to supervise a process of treaty-making and truth-telling. The recommendations were rejected by the Turnbull government and appear unlikely to be implemented under a Morrison government. Initially, the main objection to the Voice from government MPs was that it would upset the balance of Australia's bicameral system by c…
Modern treaty making and the limits of the law
In recent years, several Australian states have formally committed to treaty negotiations with the First Peoples whose traditional lands they claim. The emerging treaty processes in Australia build on both the comprehensive land claim agreements currently under negotiation in Canada as well as the historic treaties struck between First Peoples and colonial powers in North America and Aotearoa / New Zealand. Parties engaged in these negotiations a…
First Nations, Settler Parliaments, and the Question of Consultation: Reconciling Parliamentary Supremacy and Indigenous Peoples’ Right to Self-Determination
First Nations peoples assert a right to a distinctive relationship with the state based on their pre-colonial status as self-governing sovereign communities. Ascertaining the scope of First Nations peoples’ collective right to self-determination is complex, but there is broad international agreement that it encompasses a right to be consulted on state action that will affect their interests, including in the law-making process. The problem is tha…
The demise of the ‘second largest country in Australia: Micronations and Australian exceptionalism
The Principality of Hutt River was founded in 1970. Led by a committed and eccentric family, the Principality was Australia’s most famous micronation. Micronations assert their claims to sovereignty in myriad ways. In this article, we explore what it means to be a micronation by contrasting this phenomenon with Indigenous peoples and communities who also assert a right to sovereignty. As we explain, Indigenous nations are not micronations because…
The Road to Uluru: Constitutional Recognition and the UN Declaration on the Rights of Indigenous Peoples
Aboriginal and Torres Strait Islander peoples have campaigned for reform to the Australian state for generations. Over the last decade, debate over constitutional recognition has assumed mainstream prominence as a series of parliamentary and expert bodies designed to raise awareness of the need for change, propose options for that change, and build a community consensus around those proposals, have been established. This article assesses the five…
The Meaningful Participation of Refugees in Decision-Making Processes: Questions of Law and Policy
There has been a significant push in recent years for greater and more meaningful participation of refugees in decision-making processes that affect them. This push is identifiable in a range of international instruments, including the 2016 New York Declaration for Refugees and Migrants and the 2018 Global Compact on Refugees, as well as numerous initiatives developed by refugees, civil society organizations, and international organizations at th…
Indigenous Aspirations and Structural Reform in Australia
Can the Australian state be restructured to empower Aboriginal and Torres Strait Islander peoples and ensure that their distinct voices are heard in the processes of government? This book provides an answer to that question for Australia and provides guidance for all states that claim jurisdiction and authority over the traditional lands of Indigenous peoples. By engaging directly with Indigenous peoples’ nuanced and complex aspirations, this boo…
Treaty making and the UN Declaration on the Rights of Indigenous Peoples: Lessons from emerging negotiations in Australia
No treaties between Aboriginal and Torres Strait Islander peoples and the Australian state have ever been recognised. In recent months, however, several states and territories have committed to entering treaty negotiations with the First Nations whose lands they claim. Negotiations are in their preliminary stages and it remains to be seen what eventuates, but these developments are promising. Nonetheless, many challenges exist. In this paper, I e…
A Queensland treaty: Current steps and potential challenges
Last year Queensland joined Victoria and the Northern Territory in formally committing to a conversation about a treaty with Aboriginal and Torres Strait Islander peoples. This article explains what a treaty is, outlines the processes undertaken thus far, situates it within the broader national context, and explores several challenges moving forward
The Participation of Indigenous Australians in Legal Education, 2001–18
Indigenous Australians face many challenges in accessing and completing a legal education in Australia. Addressing this problem requires a clear empirical picture. However, no comprehensive study exploring the participation of Indigenous Australians in legal education has been conducted for almost two decades. This article rectifies this by presenting the results of a survey on Indigenous Australian students, graduates and staff members within Au…
Aboriginal and Torres Strait Islander peoples and multinational federalism in Australia
Democratic governance is premised on the belief that all citizens are empowered to shape the society in which they live. Over generations, Aboriginal and Torres Strait Islander peoples have maintained that Australian democratic practice does not live up to this ideal, contending that the state's legal and political framework does not empower them with the capacity to have their voices heard and their interests considered in the processes of gover…
The disqualification of dual citizens from Parliament: Three problems and a solution
Since August 2017, the rule in s 44(i) of the Australian Constitution that dual citizens are incapable of being chosen for or sitting in federal Parliament has led to the disqualification or resignation of 15 parliamentarians. This disruption may yet continue, with outstanding questions remaining about several sitting members. In this article, we outline three key problems with s 44(i), as well as a durable solution
Constitutional recognition and reform: Developing an inclusive Australian citizenship through treaty
Eight years after the Expert Panel on Recognising Aboriginal and Torres Strait Islander Peoples in the Australian Constitution was established, institutional reform to empower Indigenous peoples in this country has not been realised. This article argues that the persistent failure to progress constitutional reform stems, in part, from dominant conceptions of Australian citizenship that deny Aboriginal and Torres Strait Islander peoplehood. It fol…
The Internationalisation of Pseudolaw: The Growth of Sovereign Citizen Arguments in Australia and Aotearoa New Zealand
Pseudolaw refers to the phenomenon whereby adherents adopt the forms and structures of legal argumentation while substituting the substantive content and underlying principles for a distinct and parallel set of beliefs. In this article, we explore and catalogue the forms of pseudolegal claims made by a particular subset of adherents – the sovereign citizen movement – in one part of the common law world: courts in Australia and Aotearoa New Zealan…
Taking Stock of Indigenous-State Treaty-Making in Australia: Opportunities and Challenges
Aspirations for an Indigenous treaty or treaties in Australia must confront a challenging landscape. How can we retrofit a substantive treaty-making process on a legal and political system that has not been designed to engage meaningfully with Aboriginal and Torres Strait Islander peoples? Talking treaty more than two hundred years after first contact is difficult, but many jurisdictions are exploring this conundrum right now. This article provid…
Treaty making and the UN Declaration on the Rights of Indigenous Peoples: Lessons from emerging negotiations in Australia
No treaties between Aboriginal and Torres Strait Islander peoples and the Australian state have ever been recognised. In recent months, however, several states and territories have committed to entering treaty negotiations with the First Nations whose lands they claim. Negotiations are in their preliminary stages and it remains to be seen what eventuates, but these developments are promising. Nonetheless, many challenges exist. In this paper, I e…
Towards a Legal Era of Islands: The International and Constitutional Legal Status of Island Territories
The characterisation, legal status and future of islands are increasingly prominent in international and legal affairs. This emerging ‘legal era of islands’ demands a clearer understanding of the multiple distinctive legal issues that islands, whether as sub-national political units or as the territory of continental or mainland States, raise. This article conducts the first contemporary study of these issues by examining the international and co…
Egalitarian nationhoods: A political theory in defence of the voice to parliament in the Uluru Statement from the Heart
The 2017 Uluru Statement from the Heart called for a constitutionally enshrined Voice to parliament, and a Makarrata Commission to supervise a process of treaty-making and truth-telling. The recommendations were rejected by the Turnbull government and appear unlikely to be implemented under a Morrison government. Initially, the main objection to the Voice from government MPs was that it would upset the balance of Australia's bicameral system by c…
Modern treaty making and the limits of the law
In recent years, several Australian states have formally committed to treaty negotiations with the First Peoples whose traditional lands they claim. The emerging treaty processes in Australia build on both the comprehensive land claim agreements currently under negotiation in Canada as well as the historic treaties struck between First Peoples and colonial powers in North America and Aotearoa / New Zealand. Parties engaged in these negotiations a…
The demise of the ‘second largest country in Australia: Micronations and Australian exceptionalism
The Principality of Hutt River was founded in 1970. Led by a committed and eccentric family, the Principality was Australia’s most famous micronation. Micronations assert their claims to sovereignty in myriad ways. In this article, we explore what it means to be a micronation by contrasting this phenomenon with Indigenous peoples and communities who also assert a right to sovereignty. As we explain, Indigenous nations are not micronations because…
A Queensland treaty: Current steps and potential challenges
Last year Queensland joined Victoria and the Northern Territory in formally committing to a conversation about a treaty with Aboriginal and Torres Strait Islander peoples. This article explains what a treaty is, outlines the processes undertaken thus far, situates it within the broader national context, and explores several challenges moving forward
Foreign Correspondent
Putting the ‘Queen’ Back into Queensland
In just two years, Queensland's youngest Attorney-General since Sir Samuel Griffith in 1874 1 has implemented a significant package of law reforms.These reforms have
Finding a Fair Reflection on the High Court of Australia
Towards a Principled Justification for the Mixed Composition of Hybrid International Criminal Tribunals
The justification for a majority of international judges sitting on hybrid international criminal tribunals is tremendously undertheorized. At present, policymakers must rely on base pragmatic considerations that allege that local judges are either too incapable or too corrupt. This may or may not be true. It is, however, certainly unattractive and inadequate as an argument. In this article, I sketch out a principled theoretical argument defendin…
Appointing Attorneys-General to the High Court: A case for reform
Throughout 2016, Attorney-General George Brandis QC repeatedly denied he intended to leave the Federal Parliament and take up a position on the High Court of Australia. In this article we explore the experiences of the two most recent politicians-cum-High Court Justices: Garfield Barwick and Lionel Murphy; and note that Australia’s current judicial appointment process would have permitted Brandis to make a similar transition. We argue that this p…
The case for a national whole-of-government anti-corruption body
Australia’s anti-corruption system needs reform. The diffusion of responsibilities across multiple agencies risks under-reporting of corrupt conduct, while gaps in the regime mean that the system fails to hold people accountable. As a result, community and public confidence in Australia’s institutions is eroded. The solution is a national whole-of-government anti-corruption body encompassing the public sector with the power to apply a uniform sta…
Aboriginal and Torres Strait Islander peoples and multinational federalism in Australia
Democratic governance is premised on the belief that all citizens are empowered to shape the society in which they live. Over generations, Aboriginal and Torres Strait Islander peoples have maintained that Australian democratic practice does not live up to this ideal, contending that the state's legal and political framework does not empower them with the capacity to have their voices heard and their interests considered in the processes of gover…
The disqualification of dual citizens from Parliament: Three problems and a solution
Since August 2017, the rule in s 44(i) of the Australian Constitution that dual citizens are incapable of being chosen for or sitting in federal Parliament has led to the disqualification or resignation of 15 parliamentarians. This disruption may yet continue, with outstanding questions remaining about several sitting members. In this article, we outline three key problems with s 44(i), as well as a durable solution
Constitutional recognition and reform: Developing an inclusive Australian citizenship through treaty
Eight years after the Expert Panel on Recognising Aboriginal and Torres Strait Islander Peoples in the Australian Constitution was established, institutional reform to empower Indigenous peoples in this country has not been realised. This article argues that the persistent failure to progress constitutional reform stems, in part, from dominant conceptions of Australian citizenship that deny Aboriginal and Torres Strait Islander peoplehood. It fol…
Lessons from History in Dealing with Our Most Dangerous
The conundrum of dealing with dangerous sexual offenders is one that has never been too far from the public and legislative consciousness. Striking an appropriate balance between community protection and the human rights of the offender is a difficult task and one weighed down by many competing considerations. In this article, we survey historical and contemporary punishment of dangerous sexual offenders in order to inform that debate. Measures a…
Treaty making and the UN Declaration on the Rights of Indigenous Peoples: Lessons from emerging negotiations in Australia
No treaties between Aboriginal and Torres Strait Islander peoples and the Australian state have ever been recognised. In recent months, however, several states and territories have committed to entering treaty negotiations with the First Nations whose lands they claim. Negotiations are in their preliminary stages and it remains to be seen what eventuates, but these developments are promising. Nonetheless, many challenges exist. In this paper, I e…
A Queensland treaty: Current steps and potential challenges
Last year Queensland joined Victoria and the Northern Territory in formally committing to a conversation about a treaty with Aboriginal and Torres Strait Islander peoples. This article explains what a treaty is, outlines the processes undertaken thus far, situates it within the broader national context, and explores several challenges moving forward
The Participation of Indigenous Australians in Legal Education, 2001–18
Indigenous Australians face many challenges in accessing and completing a legal education in Australia. Addressing this problem requires a clear empirical picture. However, no comprehensive study exploring the participation of Indigenous Australians in legal education has been conducted for almost two decades. This article rectifies this by presenting the results of a survey on Indigenous Australian students, graduates and staff members within Au…
The Road to Uluru: Constitutional Recognition and the UN Declaration on the Rights of Indigenous Peoples
Aboriginal and Torres Strait Islander peoples have campaigned for reform to the Australian state for generations. Over the last decade, debate over constitutional recognition has assumed mainstream prominence as a series of parliamentary and expert bodies designed to raise awareness of the need for change, propose options for that change, and build a community consensus around those proposals, have been established. This article assesses the five…
The Meaningful Participation of Refugees in Decision-Making Processes: Questions of Law and Policy
There has been a significant push in recent years for greater and more meaningful participation of refugees in decision-making processes that affect them. This push is identifiable in a range of international instruments, including the 2016 New York Declaration for Refugees and Migrants and the 2018 Global Compact on Refugees, as well as numerous initiatives developed by refugees, civil society organizations, and international organizations at th…
Indigenous Aspirations and Structural Reform in Australia
Can the Australian state be restructured to empower Aboriginal and Torres Strait Islander peoples and ensure that their distinct voices are heard in the processes of government? This book provides an answer to that question for Australia and provides guidance for all states that claim jurisdiction and authority over the traditional lands of Indigenous peoples. By engaging directly with Indigenous peoples’ nuanced and complex aspirations, this boo…
Modern treaty making and the limits of the law
In recent years, several Australian states have formally committed to treaty negotiations with the First Peoples whose traditional lands they claim. The emerging treaty processes in Australia build on both the comprehensive land claim agreements currently under negotiation in Canada as well as the historic treaties struck between First Peoples and colonial powers in North America and Aotearoa / New Zealand. Parties engaged in these negotiations a…
First Nations, Settler Parliaments, and the Question of Consultation: Reconciling Parliamentary Supremacy and Indigenous Peoples’ Right to Self-Determination
First Nations peoples assert a right to a distinctive relationship with the state based on their pre-colonial status as self-governing sovereign communities. Ascertaining the scope of First Nations peoples’ collective right to self-determination is complex, but there is broad international agreement that it encompasses a right to be consulted on state action that will affect their interests, including in the law-making process. The problem is tha…
The demise of the ‘second largest country in Australia: Micronations and Australian exceptionalism
The Principality of Hutt River was founded in 1970. Led by a committed and eccentric family, the Principality was Australia’s most famous micronation. Micronations assert their claims to sovereignty in myriad ways. In this article, we explore what it means to be a micronation by contrasting this phenomenon with Indigenous peoples and communities who also assert a right to sovereignty. As we explain, Indigenous nations are not micronations because…
How to Rule Your Own Country: The Weird and Wonderful World of Micronations
Egalitarian nationhoods: A political theory in defence of the voice to parliament in the Uluru Statement from the Heart
The 2017 Uluru Statement from the Heart called for a constitutionally enshrined Voice to parliament, and a Makarrata Commission to supervise a process of treaty-making and truth-telling. The recommendations were rejected by the Turnbull government and appear unlikely to be implemented under a Morrison government. Initially, the main objection to the Voice from government MPs was that it would upset the balance of Australia's bicameral system by c…
The Voice and its constitutional relationship to parliament and government
Unraveling the International Law of Colonialism: Lessons From Australia and the United States
In the 1823 decision of Johnson v. M’Intosh, Chief Justice John Marshall formulated the international law of colonialism. Known as the Doctrine of Discovery, Marshall’s opinion drew on the practices of European nations during the Age of Exploration to legitimize European acquisition of territory owned and occupied by Indigenous peoples. Two centuries later, Johnson—and the international law of colonialism—remains good law throughout the world. In…
Towards a Legal Era of Islands: The International and Constitutional Legal Status of Island Territories
The characterisation, legal status and future of islands are increasingly prominent in international and legal affairs. This emerging ‘legal era of islands’ demands a clearer understanding of the multiple distinctive legal issues that islands, whether as sub-national political units or as the territory of continental or mainland States, raise. This article conducts the first contemporary study of these issues by examining the international and co…
The Internationalisation of Pseudolaw: The Growth of Sovereign Citizen Arguments in Australia and Aotearoa New Zealand
Pseudolaw refers to the phenomenon whereby adherents adopt the forms and structures of legal argumentation while substituting the substantive content and underlying principles for a distinct and parallel set of beliefs. In this article, we explore and catalogue the forms of pseudolegal claims made by a particular subset of adherents – the sovereign citizen movement – in one part of the common law world: courts in Australia and Aotearoa New Zealan…
Political science (27 works) · Law (23 works) · Law (20 works) · Politics (16 works) · Sociology (16 works) · Indigenous (14 works) · Indigenous Health, Education, and Rights (10 works) · Treaty (9 works) · Project commissioning (7 works) · Public Administration (7 works)