Course overview
Native title has been described by Justice Kirby as an 'impenetrable jungle'. This course seeks to guide students in navigating and breaking down this complex and controversial area of law and policy by isolating the main elements of this 'jungle'. To do this, students will examine the range of techniques available in Australia, Canada, and other settler states for the recognition and protection of native title. These techniques include judicial and legislative responses, quasi-constitutional documents such as treaties, constitutional provisions that guarantee rights, and the establishment of semi-autonomous institutions for indigenous self-government.
Course learning outcomes
- Explain the development of native title law and policy in the Australian context.
- Compare the Australian legal landscape in which native title exists with that of other settler states such as Canada and New Zealand.
- Articulate Indigenous conceptions of law and land and how these conceptions mesh with non-Indigenous law and policy.
- Conduct legal research and writing for a medium length research essay.
- Communicate effectively orally by discussing and debating theoretical propositions, methodologies and legal problems.
- Critically analyse principles of law and their application.