Surviving the Crown of Terra Nullius - Constitutionalising Australia's lands, peoples, and cultures

Bibliographic Data

ID21716093
AuthorsJesse John Fleay (0000-0003-4706-7475, Institute for Justice and Reconciliation, corresponding author)
Year2024
Volume27
Issue1-2
Pages3-23
Publication date2024-06-01
Open AccessNo
TypeARTICLE
VenueJournal of Australian indigenous issues (JOURNAL)
Journal identifiersISSN: 1440-5202
PublisherRMIT Publishing (PUBLISHER)
DOI10.3316/informit.t2024080800004300551362439
OpenAlexW4412542941
LanguageEN
Citations received2
References cited14

This paper examines the High Court of Australia's role in addressing the historical and ongoing implications of Terra Nullius on Aboriginal and Torres Strait Islander First Nations Australians.The concept of Terra Nullius, despite being legally overturned, continues to influence public thought and institutional practices, hindering the progress and development of Australian constitutional democracy.The study highlights the international attention garnered by critiques of this doctrine, particularly through influential addresses and legal discourse.The paper delves into the legal history, starting with colonial proclamations and leading to the landmark Mabo decision, which recognised native title and rejected Terra Nullius.The analysis explores the persistent critiques by scholars and activists against the colonial narrative which attempts to deny First Nations sovereignty.It addresses the High Court's pivotal role in constitutional interpretation and transformation, emphasising key rulings which challenge the Crown's symbolic and legal praxis in Australia.The research further critiques contemporary legislative and corporate practices regarding native title, advocating for reform to ensure equitable and effective selfdetermination for First Nations communities.The paper proposes countermonarchical practices as a nuanced approach to disrupting the lingering colonial symbols and fostering an inclusive Australian identity for all.This critical examination underscores the need for continued legal and institutional reforms to achieve genuine reconciliation and recognition of First Nations sovereignty within Australia's constitutional framework

Art · Geography · Commonwealth, Australian Politics and Federalism · Law in Society and Culture · Medicine · New Caledonia Indigenous Studies

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