Cirrus@Austlit

'This collection of essays explores the history and current status of proposals to recognise Aboriginal and Torres Strait Islander Peoples in the Constitution of Australia. The book had its genesis in a colloquium co-hosted by the University of Southern Queensland and Southern Cross University, attended by scholars from Australia and overseas and prominent participants in the recognition debates. The contributions have been updated and supplemented to produce a collection that explores what is possible and preferable from a variety of perspectives, organised into three parts: 'Concepts and Context', 'Theories, Critique and Alternatives', and 'Comparative Perspectives'. It includes work by well-regarded constitutional law scholars and legal historians, as well as analysis built from and framed by Indigenous world views and knowledges. It also features the voices of a number of comparative scholars - examining relevant developments in the United States, Canada, the South Pacific, the United Kingdom, New Zealand and South America. The combined authorship represents 10 universities from across Australia, the United Kingdom, the United States and Canada. The book is intended to be both an accurate and detailed record of this critical step in Australian legal and political history and an enduring contribution to ongoing dialogue, reconciliation and the empowerment of Australia's First Peoples.' (Publication summary)

'This book is the most fundamental analysis of native title in the common law world since McNeil's Common Law Aboriginal Title in 1989. Through a broad and detailed examination of the jurisprudence across Australia, USA, New Zealand and Canada, it argues that the Australian preoccupation with `tradition' is a deeply flawed approach. Dr Young points to many technical problems and a raft of unfortunate consequences for Indigenous people. He contends for a fundamental rethink.
'"Dr. Young's book fills a huge gap in the legal understanding of Indigenous land rights... While his focus is on Australia, the book's comparative approach extends its relevance to all common law jurisdictions that are inhabited by Indigenous peoples. Everyone who is concerned with Indigenous rights - Indigenous leaders, judges, lawyers, land-claims negotiators, policy makers - will benefit enormously from reading it." - Professor Kent McNeil 
"Dr Young has undertaken a comprehensive analysis of the `traditional laws and customs' focus that dominates the recognition of native title in Australian law - but the importance of his work extends far beyond the legal sphere. In showing how the `tradition' approach is not supported by the weight of legal principle and is out of step with overseas precedent, he opens the way for a reconsideration of how Indigenous rights to land are, and should be, recognised." - Ambelin Kwaymullina'  (Publication summary)