By Lisa Strelein
Discussion approximately Land Justice offers a pretty good knowing for readers of the major concerns round local name from the minds of best thinkers, commentators and senior jurists. It consolidates 16 papers offered to the nationwide local name convention because the historical Mabo judgment.
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Extra resources for Dialogue about land justice : papers from the national Native Title Conference
This vision must then be backed up by practical commitments at individual and community level. This obvious element is as essential to transcending the past as is vision. It is the means by which we take personal and collective ownership of our future. It is, in some small way, the means by which we dispossess the bureaucrats and politicians of their mortgage on our futures. I practised for many years as a lawyer working for Mäori communities in their land claims. It was important and challenging work at the interface between Mäori and the government.
Because history tells us — all over the planet — that land injustice is one of those tenacious wounds that never heal if no honest justice is done. If there is no just compromise, then land injustice will plague our nation long into the future. What Eddie Mabo had achieved with the Mabo decision was that he had forged the opportunity for a just compromise. From the common law of Australia, the Murray Island plaintiffs had constructed the best possible framework for the Australian people to settle the grievance in relation to land.
The failure to develop a high-standard legal discourse on the common law meaning of native title The Australian legal and intellectual discourse on the common law meaning of native title in my view is embarrassing compared with the Canadian discussion. Most of the discourse and publications since 1993 have centred on procedural issues arising from the legislative framework. 41 Dialogue about Land Justice There has been comparatively little quality discussion of the common law. We have no equivalents to Kent McNeil and Brian Slattery of Canada.
Dialogue about land justice : papers from the national Native Title Conference by Lisa Strelein