An Essay on Jurisdiction, Jurisprudence and Authority: The High Court of Australia in Yorta Yorta(2001)

Queen's University Belfast
Publication Type:
Journal Article
Northern Ireland Legal Quarterly, 2005, Spring, 56 (1), pp. 1 - 20
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Like the common law legal ordering of England and Wales, the ordering of British colonisation has, in many ways, been an affair of jurisdiction. It is through jurisdiction that the authority of the common and imperial laws have been asserted, and it is through questions of jurisdiction that the legal settlement of the colonies has been effected. Post-colonising and postcolonial settlements have frequently turned to constitutional orders to reconstitute normative relations between the conceptual register of nation (state)-sovereignty-territory and that of land and people. However, questions of jurisdiction remain. This is nowhere more so than
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