The rights of indigenous people in North America have been on a different footing from those of Australia's First People since the outset of European colonisation in both places. The subsequent attempts to legitimise the European takeover of other people's countries made some degree of effort to acknowledge the rights of indigenous people. The starting point is different. Australia was, and remains, the great exception in terms of recognising these rights. The indecent haste with which England sought to postpone the collapse of its unstable way of life by raiding the resource base of Australian First People resulted in such subtle distinctions being put to one side for the time being.
Time is now up.
The Legislature and the Executive simply ploughed ahead without heed for anything resembling native title. The skeletal principle in this case seems to be the protection of all interests granted by the Crown in Australia to date. Recognition of rights of native title must not upset the English applecart. A grant made by the Crown is solid and binding on all. The skeletal system of law which is being defended here should begin some remedial yoga without delay, since it stands it great danger of being shattered by contact with the forces of reality.