Aboriginal customary law
Subtitle: a source of common law title to land
By: Ulla Secher
Publisher: Hart
Published: 2014
Place of publication: Oxford
Language: eng
Number of pages: 490
ISBN-13: 9781849465533
Copyright date: 2014
Subjects: Land tenure; Law and legislation; Aboriginal Australians; Legal status, laws; Customary law
Description: This book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity.
Notes: Includes bibliographical references (pages 457-479) and index.