Overview

Aboriginal Customary Law remedies a deficiency which presently impedes the study of Aboriginal land rights: there is no comprehensive work addressing the potential legal consequences for Aboriginal rights to land, beyond recognition of native title, ensuing from acknowledgement of the Crown's radical title. In addressing the potential legal consequences, beyond recognition of native title, two interwoven theses are propounded: the first is the applicability, in the context of inhabited settled colonies, of a modified doctrine of reception. The second is that, contrary to the received view, the Crown's radical title does not automatically confer full beneficial ownership of unalienated land in Australia where such land is not subject to native title. The consequence of these two theses is that Aboriginal customary law can amount to an independent source of common law title to land and, thus, an alternative to native title.

Full Product Details

Author:   Ulla Secher
Publisher:   Taylor & Francis Ltd
Imprint:   Routledge Cavendish
ISBN:  

9780415441643

ISBN 10:   0415441641
Pages:   400
Publication Date:   09 March 2011
Audience:   General/trade ,  College/higher education ,  General ,  Tertiary & Higher Education
Format:   Hardback
Publisher's Status:   Out of Stock Indefinitely
Availability:   Awaiting stock  

Table of Contents

PART I: AUSTRALIAN LAND LAW AND THE MEANING OF RADICAL TITLE PRE-MABO: CHAPTER ONE: The Origin and Application of the Doctrine of Absolute Crown Ownership in Australia: The Common Law 1788-1992; CHAPTER TWO, The Meaning of Radical Title Pre-Mabo; PART II: THE DOCTRINE OF TENURE AND THE JURIDICAL CONSEQUENCES OF THE COLONIAL LAW CLASSIFICATION OF AN 'INHABITED' COLONY AS 'SETTLED' RE-EXAMINED POST-MABO; CHAPTER THREE: The Doctrine of Tenure and the Common Law Consequences of the Classification of an 'Inhabited' Colony as 'Settled' Post-Mabo: Emergence of the Doctrine of Tenure ad Veritatem and the Doctrine of Continuity Pro-Tempore*; PART III THE MEANING OF RADICAL TITLE IN POST-MABO AUSTRALIAN JURISPRUDENCE; CHAPTER FOUR Radical Title and Unalienated Land Post-Mabo*; CHAPTER FIVE Radical Title: Lessons from the Sea and the Concept of Eminent Domain; PART IV: THE PRACTICAL IMPLICATIONS OF THE CROWN'S RADICAL TITLE; CHAPTER SEVEN: The Doctrine of Common Law Aboriginal Customary Title in Australia and Implications for South Africa; CHAPTER EIGHT: Canada: Application and Implications of the Doctrine of Common Law Aboriginal Customary Title*; CONCULUSIONS

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Author Information

Ulla Secher, School of Law, James Cook University, Australia

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