Summary

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. 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.

Lisa 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 Bennell decision in 2008.

Each chapter contains a discrete analysis of the most significant cases during the period. A time line maps the key doctrines while the book's conclusion identifies the underlying themes and contradictions in the law.

Compromised Jurisprudence: Native Title Cases Since Mabo 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.

About the author

Lisa is Director of AIATSIS Research Program and Director of the Native Title Research Unit (NTRU). Her research and publications have focused on the relationship between Indigenous peoples and the state, and the role of the courts in defining Indigenous peoples’ rights. She has made a significant contribution to academic debate on native title in Australia.

The work of a gifted legal scholar and writer, Compromised Jurisprudence contains many valuable lessons and insights that Indigenous rights advocates around the world will be able to utilise in their own legal efforts aimed at decolonisation of Indigenous peoples under both domestic and international law.

— Robert A Williams, Jr., Professor of Law, University of Arizona