The issue of Aboriginal sovereignty can be heard by the High Court, new research has found. Could this be the next Mabo? Dr Olivia Barr explains.
Justice with Jon FaineShow Notes
It has long been a legal truism that the High Court does not have the power to rule on issues of Aboriginal sovereignty, or the right to self-govern. But this idea is based on a legal misunderstanding, argues Associate Professor Olivia Barr.
Further reading from this episode: You can read Olivia’s journal article here
Read more about the soco-economic benefits of modern treaties in Canada here
Read more about Victoria’s first statewide treaty here
Read the Treaty of Waitangi here
Cases mentioned in this episode: Coe v Commonwealth [1979] HCA 68; (1979) 53 ALJR 403; (1979) 24 ALR 118 (5 April 1979)
Mabo v Queensland (No 2) ("Mabo case") [1992] HCA 23; (1992) 175 CLR 1 (3 June 1992)
Justice is a podcast of Melbourne Law School, University of Melbourne. We acknowledge the Wurundjeri Woi Wurrung peoples as the Traditional Owners of the unceded land on which we record, publish, work, learn and live.
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Melbourne Law School and host Jon Faine bring you Justice: a weekly podcast about the law behind the news.
Melbourne Law School and host Jon Faine bring you Justice: a weekly podcast about the law behind the news.
Melbourne Law School and host Jon Faine bring you Justice: a weekly podcast about the law behind the news.
This episode contains material some people might find disturbing. Listener discretion is advised.