TLLB106: Introduction to Public Law - Indigenous Sovereignty - Law Assignment Help

Assignment Task:

Debate Topic 

That the question of Indigenous sovereignty has been released from over two centuries in hibernation by the decision of the majority of the High Court in Love and Thoms v Commonwealth [2020] HCA 3. 

Support Materials for Debate NOTES ON SOVEREIGNTY (before Love and Thoms was decided) 

The acquisition and occupation of the Australian continent have consistently been regarded as an “Act of State” which is not open to challenge in the Courts: Mabo v Queensland (No 2) (1992) 175 CLR 1. This has left little scope for arguments based on Indigenous sovereignty by Australia’s first peoples. In fact, where arguments based on Indigenous sovereignty have been raised in the Courts, they have been rejected: 

The rejection of the designation of Australia as terra nullius from the time of its occupation by the British by the High Court in 1992 has had little impact on the understanding of sovereignty under the Constitution. 

This position was essentially affirmed in the 21st century in the Report of the Expert Panel on Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution presented to the Prime Minister in January 2012. In the Report, the panel concluded that “any proposal relating to constitutional recognition of the sovereign status of Aboriginal and Torres Strait Islander peoples would be highly contested by many Australians”. In contrast, the position of many of Australia’s Aboriginal and Torres Strait Islander peoples on sovereignty is reflected in the statements released by the First Nations National Constitutional Convention, which met at Uluru in May 2017. 

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