'Aboriginal welfare' and the denial of indigenous sovereignty.(Aboriginal Sovereignty) From: Arena Journal | Date: January 1, 2002| Author: Buchan, Bruce | COPYRIGHT 2002 Arena Printing and Publications Pty. Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group.Copyright information

Introduction (1)

In his finding against the State of Queensland in the Mabo case, which upheld the validity of Native Title to ancestral lands, Justice Brennan claimed that the common law in Australia would:

 
   perpetrate an injustice if it were to continue to embrace the 
   enlarged notion of terra nullius and to persist in characterising the 
   indigenous inhabitants of the Australian colonies as people too low 
   in the scale of social organisation to be ...

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