1st Edition

Australian Critical Decisions Remembering Koowarta and Tasmanian Dams

Edited By Ann Genovese Copyright 2017
306 Pages
by Routledge

306 Pages
by Routledge

306 Pages
by Routledge

The 1980s was a time of significant social, political and cultural change. In Australia, the law was pivotal to these changes. The two High Court cases that this book explores – Koowarta v Bjelke-Petersen (1982) and the Tasmanian Dams case (1983) – are famous legally as they marked a decisive reckoning by the Court with both international law and federal constitutionalism. Yet these cases... Read more

Introduction
Ann Genovese

1. Koowarta: AWarrior for Justice A Brief History of Queensland’s Racially Discriminatory Legislation and the Aboriginal Litigants Who Fought It
Marcia Langton

2. Internal and external affairs: the Koowarta case in context
Hilary Charlesworth

3. Justice in whose eyes? Why lawyers should read black Australian literature
Nicole Watson

4. Recovering the foundations of Koowarta: the struggle of the Aboriginal Land Fund Commission to purchase land in Queensland
Alexander Reilly

5. Koowarta: constitutional landmark, transition point or missed opportunity?
Sean Brennan and Megan Davis

6. Practising law and politics in 1980s’ Australia: the liberating effect of Koowarta v Bjelke-Petersen
Maureen Tehan

7. Koowarta and the rival Indigenous international: our place as Indigenous peoples in the international
Mark McMillan

8. Koowarta: a vital turning point for Aboriginal rights and Australia Summing up the symposium
The Hon Michael Kirby AC CMG

9. Reflections on legal issues in the Tasmanian Dams Case
The Hon Sir Anthony Mason AC KBE GBM

10. The Tasmanian Dam Case: an advocate’s memoir
The Hon Michael Black AC QC

11. Limitlessness in Australian Constitutional Legal Narrative: The memory of Black’s Address in the Tasmanian Dam Case
Rebecca LaForgia

12. Experiences of coming to law: An Interview with Bob Brown on the Tasmanian wilderness society as client in the Tasmanian Dam Case
Martin Clark

13. Nineteen eighty three: A jurisographic report on Commonwealth v Tasmania
Ann Genovese and Shaun McVeigh

14. Tasmanian Dams and Australia’s Relationship with International Law
Madelaine Chiam

15. Making sense of indigeneity, aboriginality and identity: race as a Constitutional conundrum since 1983
Mark McMillan and Martin Clark

16. Law and the practices of ‘damming’: Tasmanian Dams Case as a turning point
Lee Godden

Biography

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).