Abstract
Indigenous legal issues are to some extent a neglected and misunderstood subject in the Australian political and legal sphere. Where there is unresolved injustice, there is suffering. Similarly, where there is misunderstanding, there is ignorance. Therefore, the purpose of this paper is to explore Indigenous legal issues and potential solutions through an examination and analysis of relevant sources. The subjects of discussion in this paper include the limited extent that Aboriginal customary law is recognised under Commonwealth law; the impact of Australian law on Indigenous people; the over-representation of Indigenous people in the criminal justice system; the inadequate state of Indigenous property rights; and comparative law methodology.
Highlights
Australian governments need to make further amends for the suffering that is experienced by Indigenous Australians flowing from the unresolved injustices of the past and present
The subjects of discussion in this paper include the limited extent that Aboriginal customary law is recognised under Commonwealth law; the impact of Australian law on Indigenous people; the over-representation of Indigenous people in the criminal justice system; the inadequate state of Indigenous property rights; and comparative law methodology
The main topics of discussion in this paper include the limited extent that Aboriginal customary law (‘ACL’) is recognised in the Commonwealth jurisdiction; how Australian law impacts the life of Indigenous people; the over-representation of Indigenous people in the criminal justice system; the inadequate state of Indigenous property rights; and the challenges associated with understanding Indigenous legal issues that are surrounded by conceptual cultural barriers
Summary
Australian governments need to make further amends for the suffering that is experienced by Indigenous Australians flowing from the unresolved injustices of the past and present. The main topics of discussion in this paper include the limited extent that Aboriginal customary law (‘ACL’) is recognised in the Commonwealth jurisdiction; how Australian law impacts the life of Indigenous people; the over-representation of Indigenous people in the criminal justice system; the inadequate state of Indigenous property rights; and the challenges associated with understanding Indigenous legal issues that are surrounded by conceptual cultural barriers. Research suggests that in Aboriginal tradition the term ‘law’ can be construed as encompassing features that do not fall within a commonly understood definition of law.3 For this reason, law is conceived of broadly in this paper in order to incorporate the Aboriginal conception of law that may, from a non-Aboriginal perspective, have similarities with ‘shared norms’, ‘rules’ and ‘values’.4 ACL is recognised to a limited extent in the Commonwealth jurisdiction. The term ‘recognise’ is understood as meaning ‘to acknowledge formally as existing ...’ unless otherwise stated. Research suggests that in Aboriginal tradition the term ‘law’ can be construed as encompassing features that do not fall within a commonly understood definition of law. For this reason, law is conceived of broadly in this paper in order to incorporate the Aboriginal conception of law that may, from a non-Aboriginal perspective, have similarities with ‘shared norms’, ‘rules’ and ‘values’.4
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