Australian Critical Decisions (eBook, PDF)

Remembering Koowarta and Tasmanian Dams
Redaktion: Genovese, Ann

• Format: PDF

Produktbeschreibung

The 1980s was a time of significant social, political and cultural change. In Australia law was pivotal to these changes. The two High Court cases that this book explores- Koowarta v Bjelke-Petersen in 1982 and the Tasmanian Dams case in 1983- are famous legally as they marked a decisive reckoning by the Court with both international law and federal constitutionalism. Yet these cases also offer a significant marker of Australia in the 1980s: a shift to a different form of political engagement, nationally and internationally, on complex questions about race, and the environment. This book brings these cases together for the first time. It does so to explore not only the legal legacy and relationship between Koowarta and Tasmanian Dams, but also to reflect on how Australians experience their law in time and place, and why those experiences might require more than the usual legal records. The authors include significant figures in Australian public life, some of whom were key participants in the cases, as well as established and respected scholars in law, history, Indigenous and environmental studies. The book offers a combination of personal recollections of the cases- the drama of how they were brought before the courts and decided- as well as a consideration of the cases' ongoing significance in Australian life. This book was previously published as two special issues in the Griffith Law Review.

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Produktdetails

• Verlag: Taylor & Francis eBooks
• Seitenzahl: 306
• Erscheinungstermin: 2. Februar 2018
• Englisch
• ISBN-13: 9781315533087
• Artikelnr.: 54094141

Autorenporträt

Ann Genovese is a professor and an historian of modern Australian jurisprudence. Her projects aim to bring to life stories of how Australians have practiced and experienced their law since 1950. She works at Melbourne Law School. Recent publications include Sovereignty: Frontiers of Possibility (2013) and Rights and Redemption: History, Law, Indigenous People (2008).

Inhaltsangabe

Introduction 1. Koowarta: AWarrior for Justice A Brief History of
Queensland's Racially Discriminatory Legislation and the Aboriginal
Litigants Who Fought It 2. Internal and external affairs: the Koowarta case
in context 3. Justice in whose eyes? Why lawyers should read black
Australian literature 4. Recovering the foundations of Koowarta: the
struggle of the Aboriginal Land Fund Commission to purchase land in
Queensland 5. Koowarta: constitutional landmark, transition point or missed
opportunity? 6. Practising law and politics in 1980s' Australia: the
liberating effect of Koowarta v Bjelke-Petersen 7. Koowarta and the rival
Indigenous international: our place as Indigenous peoples in the
international 8. Koowarta: a vital turning point for Aboriginal rights and
Australia Summing up the symposium 9. Reflections on legal issues in the
Tasmanian Dams Case 10. The Tasmanian Dam Case: an advocate's memoir 11.
Limitlessness in Australian Constitutional Legal Narrative: The memory of
Black's Address in the Tasmanian Dam Case 12. Experiences of coming to law:
An Interview with Bob Brown on the Tasmanian wilderness society as client
in the Tasmanian Dam Case 13. Nineteen eighty three: A jurisographic report
on Commonwealth v Tasmania 14. Tasmanian Dams and Australia's Relationship
with International Law 15. Making sense of indigeneity, aboriginality and
identity: race as a Constitutional conundrum since 1983 16. Law and the
practices of 'damming': Tasmanian Dams Case as a turning point