The Australian High Court's 1992 Mabo decision was hailed as a
turning point in relations with its Indigenous peoples as this was
the first occasion when a claim to traditional connections to lands
or waters was recognised by its legal system. Intense debate and
activity ensued with Federal Parliament adopting a legislative
framework to recognise native title and the Council for Aboriginal
Reconciliation considering its broader constitutional implications.
Dr Robson's work examines the conflicting conceptual languages that
were voiced about relations with its Indigenous peoples. While the
claims were articulated in a language that sought to protect the
human and cultural rights of Indigenous people when considered by
the High Court and Federal Parliament significant aspects were
interpreted through a modern conceptual language that has its
origins in the Western constitutional tradition. While the former
language is guided by the conventions of mutual recognition,
continuity and consent, the latter language is associated with the
nation-state model and has struggled to give more than superficial
recognition to cultural difference.
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