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Next time someone tells you native title has not lived up to expectations, tell them about its 'foster’ family

Clarke, Jennifer


Native title has been called many names, but High Court Justice Ian Callinan has found the perfect metaphor for it: the badly treated, culturally misunderstood, 'foster child’. Like his mainly brother judges, Justice Callinan couldn't possibly admit that the High Court fathered native title in 1992 and has been intermittently co-parenting it since, along with the federal Parliament. The idea that judges produce new law is always potentially illegitimate in a democracy, although the 'common'...[Show more]

CollectionsANU Research Publications
Date published: 2002
Type: Working/Technical Paper


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