The Challenge of Indigenous Polities

Glover, K; Cubillo, E

The Challenge of Indigenous Polities

Glover, K Cubillo, E

Permalink

Publisher:: Cambridge University Press
Publication Type:: Chapter
Citation:: The Cambridge Legal History of Australia, 2022, pp. 227-257
Issue Date:: 2022

Closed Access

	Filename	Description	Size
	Gover and Cubillo Chapter - CLHA.pdf	Published version	245.28 kB	Adobe PDF	View/Open

Copyright Clearance Process

Recently Added
In Progress
Closed Access

This item is closed access and not available.

Full metadata record

Field	Value	Language
dc.contributor.author	Glover, K
dc.contributor.author	Cubillo, E
dc.date.accessioned	2023-01-04T01:09:56Z
dc.date.available	2023-01-04T01:09:56Z
dc.date.issued	2022
dc.identifier.citation	The Cambridge Legal History of Australia, 2022, pp. 227-257
dc.identifier.isbn	9781108633949
dc.identifier.uri	http://hdl.handle.net/10453/164668
dc.description.abstract	In this chapter we look at the ways in which the Australian settler-colonial constitutional order has recognised, and denied, the status of Aboriginal and Torres Strait Islander peoples as polities. We aim to show that in settler law traditional owner communities, alone or in aggregation, are largely characterised as racial groups, not as bodies politic. We trace developments in the recognition of traditional ownership, and (in glimpses) of traditional law and custom, in Australian law since the 1960s. The story is largely one of settler resistance to Indigenous legal and political authority, in the face of sustained intergenerational Indigenous advocacy. We point in particular to the fact that because they are mischaracterised as racial communities, the efforts of Aboriginal and Torres Strait Islander People to self-determine are made vulnerable to claims that their distinctive rights and institutions discriminate against non-Indigenous Australians.
dc.format.extent	32
dc.language	en
dc.publisher	Cambridge University Press
dc.relation.ispartof	The Cambridge Legal History of Australia
dc.relation.isbasedon	10.1017/9781108633949.010
dc.rights	info:eu-repo/semantics/closedAccess
dc.title	The Challenge of Indigenous Polities
dc.type	Chapter
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access	*
pubs.consider-herdc	false
dc.date.updated	2023-01-04T01:09:54Z
pubs.place-of-publication	UK
pubs.publication-status	Published
dc.location	UK

Abstract:

In this chapter we look at the ways in which the Australian settler-colonial constitutional order has recognised, and denied, the status of Aboriginal and Torres Strait Islander peoples as polities. We aim to show that in settler law traditional owner communities, alone or in aggregation, are largely characterised as racial groups, not as bodies politic. We trace developments in the recognition of traditional ownership, and (in glimpses) of traditional law and custom, in Australian law since the 1960s. The story is largely one of settler resistance to Indigenous legal and political authority, in the face of sustained intergenerational Indigenous advocacy. We point in particular to the fact that because they are mischaracterised as racial communities, the efforts of Aboriginal and Torres Strait Islander People to self-determine are made vulnerable to claims that their distinctive rights and institutions discriminate against non-Indigenous Australians.

Please use this identifier to cite or link to this item:

http://hdl.handle.net/10453/164668