Mabo, Wik & Native Title
By: Peter Butt, Robert D. Eagleson, Patricia Margaret Lane
About This Book
More than a decade has passed since the High Court's decision in Mabo, and this book remains a key mechanism for distinguishing between fact & myth among the claims & counter-claims which bedevil Australia's native title debate. It provides an accurate, accessible, and unbiased account of what the judges and the Acts of Parliament have actually said about native title, what it means, and what problems are likely to arise. Recognising that the 1993 ruling in Mabo remains the basic legal document on native title, this 4th edition retains the plain language version of the ruling as its core. There follow equally straightforward explanations of the Native Title Act 1993, the 1996 High Court judgment in Wik, and the Howard government's legislative response in 1998 with the "10 point plan." Finally, there are two completely new chapters on how the native title legislation has worked in practice, what important issues remain to be resolved, and some possible future directions.
AI Overview
"Mabo, Wik & Native Title" by Peter Butt, Robert D. Eagleson, and Patricia Margaret Lane is a comprehensive legal guide that explains the complexities of native title in Australia, particularly focusing on the landmark High Court decisions in the Mabo and Wik cases. Here is a detailed overview of the book:
Key Themes
- Native Title: The book delves into the concept of native title, which refers to the traditional rights and interests that Indigenous Australians have in their lands.
- Mabo Case: It provides a detailed analysis of the Mabo v. Queensland (No. 2) case, which was a pivotal decision in Australian legal history, recognizing native title for the first time.
- Wik Decision: The book also covers the Wik Peoples v. Queensland case, which further clarified the concept of native title and its application.
- Native Titles Act: It includes an explanation of the Native Titles Act 1993 and its amendments, particularly those made in 1998, which aimed to provide a legislative framework for managing native title.
Plot Summary
The book is structured to make complex legal concepts accessible to a wide audience. Each chapter breaks down the key elements of the Mabo and Wik decisions, explaining their implications for Indigenous Australians and the broader Australian community. The authors provide plain language versions of the High Court's decisions, making it easier for readers to understand the legal intricacies involved.
Critical Reception
- Accessibility: The book has been praised for its ability to make complex legal issues understandable to a broad audience. It sets out to counter misunderstandings about the Mabo judgment by providing clear explanations.
- Comprehensive Coverage: The 4th edition of the book, published in 2001, includes the essential elements of the Native Titles Act, including the 1998 amendments, making it a comprehensive resource for those interested in this area of law.
- Academic and Legal Community: The book has been reviewed positively by scholars and legal professionals. Valerie Kerruish, in her review, noted that it is one of the most intense political and legal debates in Australian history, and the book provides a thorough analysis of these issues.
Editions and Publication
The book has been published in multiple editions:
- First Edition: 1998
- Second Edition: Not specified
- Third Edition: Not specified
- Fourth Edition: 2001
Each edition has been updated to reflect changes in the legal landscape and to provide more comprehensive coverage of the subject matter.
Availability
The book is available in paperback format with the ISBN 1862873860. It can be found through various academic and legal resources, including AbeBooks and the National Library of Australia.
In summary, "Mabo, Wik & Native Title" by Peter Butt, Robert D. Eagleson, and Patricia Margaret Lane is a seminal work that provides a clear and comprehensive understanding of native title in Australia, focusing on the Mabo and Wik decisions. Its accessibility and thorough analysis have made it a valuable resource for both legal professionals and the broader public.