Wik: Legal Memory and History

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Author(s)
Godden, Lee
Griffith University Author(s)
Year published
1997
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The furore occasioned by the Wik decision and the subsequent political controversy about the role of the High Court and 'judicial activismn has focused attention on the manner of legal change through the judicial decision-making process. It is evident that there has been a significant change from the position enunciated in Milirrpum v Nabalco Pty Ltd and the Commonwealth (the Gove land rights case) to that in Mabo v Smte of Queensland (No 2) (Mabo (No 2)).' More recently, The Wik Peoples v The Smte of Queensland ( Wik) represented another extension of this process of legal change whereby legal doctrine has progressively ...
View more >The furore occasioned by the Wik decision and the subsequent political controversy about the role of the High Court and 'judicial activismn has focused attention on the manner of legal change through the judicial decision-making process. It is evident that there has been a significant change from the position enunciated in Milirrpum v Nabalco Pty Ltd and the Commonwealth (the Gove land rights case) to that in Mabo v Smte of Queensland (No 2) (Mabo (No 2)).' More recently, The Wik Peoples v The Smte of Queensland ( Wik) represented another extension of this process of legal change whereby legal doctrine has progressively recognised native title on the basis that the historical foundation upon which doctrine rested has been increasingly revealed as a false understanding of Australian history.'
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View more >The furore occasioned by the Wik decision and the subsequent political controversy about the role of the High Court and 'judicial activismn has focused attention on the manner of legal change through the judicial decision-making process. It is evident that there has been a significant change from the position enunciated in Milirrpum v Nabalco Pty Ltd and the Commonwealth (the Gove land rights case) to that in Mabo v Smte of Queensland (No 2) (Mabo (No 2)).' More recently, The Wik Peoples v The Smte of Queensland ( Wik) represented another extension of this process of legal change whereby legal doctrine has progressively recognised native title on the basis that the historical foundation upon which doctrine rested has been increasingly revealed as a false understanding of Australian history.'
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Journal Title
Griffith Law Review
Volume
6
Copyright Statement
© 1997 Griffith Law School. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
Subject
Law