Thesis (Ph.D.) - James Cook University, 2005. / Embargoed sections of Chapter 3 have been removed by author. Typescript (photocopy). Bibliography: leaves 336-349.

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This thesis argues that native title rights are fundamental to Indigenous citizenship in Australia. It does this by developing a normative conception of citizenship in connection with a model of constitutionalism. Here, citizenship is more than a legal status. It refers to the norms of individual rights coupled with democratic responsibility that are attached to the person in a liberal-democracy. Constitutionalism provides the framework for understanding the manner in which Australian society realizes these norms. This thesis focuses on a society attempting to grapple with issues of postcolonialism. A fundamental question faced in these societies is the legitimacy of group rights based in pre-colonization norms. This thesis argues that these rights can be legitimized when constitutionalism is understood as originating in the deliberations connecting civil society with the state; which deliberations reconcile individual rights with group rights in such a way as to resolve the issue of their competing claims to legitimacy. Civil society is the social space in which politico-legal norms collide with action. The argument constructed here is that native title is built on norms that have the potential (it is a counterfactual argument) to contribute to a postcolonial civil society. This is one in which colonizer and colonized coordinate their action in a mutual search for acceptable solutions to the question 'how do we live together?'. The optimistic analysis is tempered by a consideration of the development of native title law. The jurisprudence of the High Court after the Wik's Case has undermined the potential of native title to play a transformative role. It has undermined Indigenous Australians' place in civil society, and their status as equal individuals and responsible citizens. In seeking to explain this, the thesis turns from jurisprudence to political sociology, and argues that an alternative model of constitutionalism and civil society has supplanted the postcolonial; viz., the neoliberal.

Extract from the Introduction: The main considerations of this thesis are: a) That current legislation and policy are tied to a conceptual model based on stereotypes of 'traditional' and 'non-traditional' Aboriginals; b) That 'non-traditional' Aboriginals, such as the people of Port Augusta, are deprived of specialised consideration in relation to land rights because of their lack of an overtly traditional life-style; c) That the scarcity of the resource of land creates an environment prone to conflict and competition; d) That Aboriginals within highly institutionalised environments, such as Port Augusta, become inextricably tied to external institutions and even have members of their own groups co-opted into the ranks of the Government; e) That this process has facilitated the penetration and direct or indirect control of land rights politics by external agents; f) That external penetration has reshaped land rights and introduced new factors, exacerbated old factions and assisted in transforming land rights into an issue of internal competition; g) That the apparently willy-nilly strategies of Aboriginals seeking land rights are a product of their efforts to exercise choice within a context of external penetration and control. / Thesis (M.A.)--Department of Geography, 1983.

This thesis argues that native title rights are fundamental to Indigenous citizenship in Australia. It does this by developing a normative conception of citizenship in connection with a model of constitutionalism. Here, citizenship is more than a legal status. It refers to the norms of individual rights coupled with democratic responsibility that are attached to the person in a liberal-democracy. Constitutionalism provides the framework for understanding the manner in which Australian society realizes these norms. This thesis focuses on a society attempting to grapple with issues of postcolonialism. A fundamental question faced in these societies is the legitimacy of group rights based in pre-colonization norms. This thesis argues that these rights can be legitimized when constitutionalism is understood as originating in the deliberations connecting civil society with the state; which deliberations reconcile individual rights with group rights in such a way as to resolve the issue of their competing claims to legitimacy. Civil society is the social space in which politico-legal norms collide with action. The argument constructed here is that native title is built on norms that have the potential (it is a counterfactual argument) to contribute to a postcolonial civil society. This is one in which colonizer and colonized coordinate their action in a mutual search for acceptable solutions to the question 'how do we live together?'. The optimistic analysis is tempered by a consideration of the development of native title law. The jurisprudence of the High Court after the Wik's Case has undermined the potential of native title to play a transformative role. It has undermined Indigenous Australians' place in civil society, and their status as equal individuals and responsible citizens. In seeking to explain this, the thesis turns from jurisprudence to political sociology, and argues that an alternative model of constitutionalism and civil society has supplanted the postcolonial; viz., the neoliberal.

Bibliography: p. 367-378. "This thesis is about the origins and original intentions of law; that which I call raw law. Law emanates from Kaldowinyeri, that is the beginning of time itself. Law first took form in song. In this thesis I argue that the law is naked like the land and its peoples, and is distinguished from that known law by the colonists, which is a layered system of rules and regulations, an imposing one which buries the essence and nature of law."

Bibliography: p. 367-378. / x, 378 p. ; 30 cm. / Title page, contents and abstract only. The complete thesis in print form is available from the University Library. / "This thesis is about the origins and original intentions of law; that which I call raw law. Law emanates from Kaldowinyeri, that is the beginning of time itself. Law first took form in song. In this thesis I argue that the law is naked like the land and its peoples, and is distinguished from that known law by the colonists, which is a layered system of rules and regulations, an imposing one which buries the essence and nature of law." / Thesis (Ph.D.)--University of Adelaide, Dept. of Law, 2000

The thesis examines different forms of Australian setter-nationalism, and their impact upon settler/indigenous relations. I examine the way that the development of specific forms of settler national consciousness has influenced the treatment of, thought about, and feeling towards the indigenous as a people or peoples. I claim that discourses of the nation operate, in an ongoing way, as shaping forces in everyday and public policy responses to the collective situation of Australia's indigenous peoples, and to the perception of their place in Australian society.

Doctor of Philosophy / This thesis traces NSW Aboriginal political activity and demands from 1909 to 1939. In examining the background to the situations of Aboriginal communities in the early 1900's, two factors appear to have been of major importance. One was the degree of compatibility between Aboriginal and rural capitalist land use. The other was the labour requirements of rural industries. There are clear indications of internal colonial economic relations continuing until at least the late 1930's. As European land use intensified regionally, Aborigines attempted to secure their position by demanding tenure over land of significance to them. Initially, the creation of reserves was as much a result of this Aboriginal demand as of white settler desires to segregate Aborigines.