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  • Wik: Legal Memory and History

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    GoddenPUB2747.pdf (519.8Kb)
    File version
    Version of Record (VoR)
    Author(s)
    Godden, Lee
    Griffith University Author(s)
    Godden, Lee C.
    Year published
    1997
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    Abstract
    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 ...
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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 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
    Publisher URI
    http://classic.austlii.edu.au/au/journals/GriffLawRw/1997/5.html
    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
    Publication URI
    http://hdl.handle.net/10072/121092
    Collection
    • Journal articles

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    • Gold Coast
    • Logan
    • Brisbane - Queensland, Australia
    First Peoples of Australia
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    • Torres Strait Islander