Asserting the Doctrine of Discovery in Australia

Robert J Miller, Jacinta Ruru, Larissa Behrendt and Tracey Lindberg

in Discovering Indigenous Lands

Published in print August 2010 | ISBN: 9780199579815
Published online September 2010 | e-ISBN: 9780191594465 | DOI:
Asserting the Doctrine of Discovery in Australia

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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

Chapter.  8537 words. 

Subjects: Human Rights and Immigration

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