LLAW1321 Indigenous Peoples, Colonialism, and Law

This topic explores the relationship between Indigenous peoples in Australia and national and international public legal systems. Students will begin by engaging with Indigenous legal and governance structures, the ways in which Aboriginal and Torres Strait Islander cultures articulate law, the legal frameworks within which British colonialism operated, and the legal impacts of colonialism on Indigenous peoples following invasion.

Building upon these foundations, students will examine issues in public law and their relationship with the history, cultures, and contemporary lives of Indigenous peoples in Australia, including:

• Treaty
• Constitutional recognition
• Self-determination and nation-building
• Terra Nullius and Native Title
• Commonwealth and state government definitions of aboriginality
• Indigenous over-representation in custody
• The Stolen Generations
• The Northern Territory Emergency Response
• The Declaration of the Rights of Indigenous Peoples and global Indigenous rights movements

This topic aims to:

• Introduce foundational concepts underpinning Indigenous legal and governance structures, British colonialism, and the legal impacts of colonialism upon Indigenous peoples in Australia
• Provide an opportunity to critically examine legal issues raised by colonialism in Australia, and how these have impacted, and continue to impact, upon the lives and cultures of Indigenous peoples
• Introduce current issues in international Indigenous rights movements

1. Identify the history and legal impact of colonialism on Australia’s Indigenous peoples
2. Describe and critically evaluate specific public law issues that face, or have faced, Australia’s Indigenous peoples
3. Describe and critically evaluate the role of public law in relation to government policy and legislation relating to Indigenous Australians
4. Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences
5. Apply the appropriate legal conventions in their writing, including proper citation method