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Discovering Indigenous LandsThe Doctrine of Discovery in the English Colonies$
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Robert J. Miller, Jacinta Ruru, Larissa Behrendt, and Tracey Lindberg

Print publication date: 2010

Print ISBN-13: 9780199579815

Published to Oxford Scholarship Online: September 2010

DOI: 10.1093/acprof:oso/9780199579815.001.0001

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Asserting the Doctrine of Discovery in Australia

Asserting the Doctrine of Discovery in Australia

Chapter:
(p.187) 7 Asserting the Doctrine of Discovery in Australia
Source:
Discovering Indigenous Lands
Author(s):

Robert J Miller

Jacinta Ruru

Larissa Behrendt

Tracey Lindberg

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199579815.003.0007

This chapter explores the continual adoption of the principles of Discovery into contemporary Australian law. It looks at the overturning of the terra nullius element in the Mabo case in 1992 but also looks at how the Doctrine of Discovery still leaves a legacy in Australian law whereby the rights of indigenous peoples remain unprotected.

Keywords:   Australian Constitution, Aboriginal peoples, terra nullius, Mabo case, Australian law

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