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Vol 21 No 10 Oct/Nov 2016

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Aboriginal Customary Law: A Source of Common Law Title to Land

Publication abandoned lge

ISBN13: 9780415441643
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: Publication Abandoned



This book presents a comprehensive work addressing the potential legal consequences for Aboriginal rights to land, beyond recognition of native title, ensuing from acknowledgement of the Crown's radical title. This is the first book to address two key issues surrounding this subject: firstly the replacement of the three formally distinct doctrines of reception, continuity and recognition, and secondly that, contrary to the received view, the Crown's radical title does not automatically confer full beneficial ownership of unalienated land in Australia where such land is not subject to native title. Through examining these two theses, Ulla Secher proposes Aboriginal customary law can in fact provide a basis for common law title to land in any settled, yet inhabited, colony.

Publication abandoned lge
Subjects:
Other Jurisdictions , Australia
Contents:
Introduction
Part 1: Australian Land Law and the Meaning of Radical Title Pre-Mabo
1. The Origin and Application of the Doctrine of Absolute Crown Ownership in Australia: The Common Law 1788-1992
2. The Meaning of Radical Title Pre-Mabo
Part 2: The Doctrine of Tenure in Post-Mabo Australian Jurisprudence
3. The Australian Doctrine of Tenure Post-Mabo: Radical Title as the Postulate of the Australian Doctrine of Tenure
Part 3: The Meaning of Radical Title in Post-Mabo Australian Jurisprudence
4. The Meaning of Radical Title Post-Mabo: Radical Title as Both the Postulate of the Doctrine of Tenure and a Concomitant of Sovereignty
Part 4: The Practical Implications of the Crown's Radical Title
5. Aboriginal Customary Law: A Non-Derivative Source of Common Law Title to Land (Common Law Aboriginal Title Mark II)
6. Aboriginal Customary Law Title: Implications for New Zealand
7. Aboriginal Customary Law Title: Implications for Canada