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Legislative Responses to Mabo: Rendering the Law Unconscious?

Author: Christopher Shanahan
School of Law, Murdoch University
Subjects: Mabo and others v State of Queensland and Australia (Other articles)
Native title -- Australia (Other articles)
Native Title Act 1993 Australia (Other articles)
Issue: Volume 2, Number 1 (April 1995)
Category: Comment

Abstract

The common law precedents cited in Mabo reveal the common law's long established capacity to recognise pluralism. This is contrasted with the effects of the Native Title Act 1993 (Cth) and the Land (Titles and Traditional Usage) Act 1993 (WA), which seek to overcome the plurality implicit in the legal recognition of indigenous interests in land, thereby denying this tradition of plurality within Anglo-Australian legal culture.

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