...a legal fiction based on political convenience...
Michael Mansell, founding member of the Aboriginal Provisional Government and Legal Manager of the Tasmanian Aboriginal Centre:
'The Court refused to follow precedent on the issue of terra nullius for to do so would be to maintain a legal fiction based on political convenience. Yet the very same convenience was relied upon by the judges to shut the door to any Aboriginal hopes of arguing for Aboriginal sovereignty in the Courts.'
'The Court refused to follow precedent on the issue of terra nullius for to do so would be to maintain a legal fiction based on political convenience. Yet the very same convenience was relied upon by the judges to shut the door to any Aboriginal hopes of arguing for Aboriginal sovereignty in the Courts.'
Keywords: Australian Court Case, Isabel Coe v The Commonwealth, Mabo judgement, Mabo v Queensland No.2, Mansell, Michael, Mason, Chief Justice Anthony, native title, sovereignty, terra nullius, 1992
'The Court gives an inch but takes another mile', Aboriginal Law Bulletin vol. 2(57) 1992, p 5.
Author: Strelein, Lisa
Source: Mansell, Michael
Author: Strelein, Lisa
Source: Mansell, Michael