LLAW1321 Indigenous Peoples, Colonialism, and Law

2020

4.5

1 x 2-hour workshop weekly
1 x 1-hour on-line lecture weekly

1 Admission into BLAWLPR-Bachelor of Laws and Legal Practice
1a Admission into BLAWLPRG-Bachelor of Laws and Legal Practice (Graduate Entry)
1b Admission into BLAWLPRH-Bachelor of Laws and Legal Practice (Honours)
1c Admission into BLAWLPRGH-Bachelor of Laws and Legal Practice (Graduate Entry) (Honours)
1d Admission into BLAWSH-Bachelor of Laws (Honours)
1e Admission into BLAWS-Bachelor of Laws
1f Admission into DIPLAW-Diploma in Laws
1g Admission into BLLAW-Bachelor of Laws
1h Admission into BLLAWH-Bachelor of Laws (Honours)
1i Admission into DIPLAWFP-Diploma in Laws - City Campus
1j Admission into BLLAWFP-Bachelor of Laws - City Campus
1k Admission into BLLAWHFP-Bachelor of Laws (Honours) - City Campus
1l Admission into CLAWBU-Bachelor of Laws/Bachelor of Business - City Campus
1m Admission into CLAWIR-Bachelor of Laws/Bachelor of International Relations and Political Science - City Campus
1n Admission into CLAWIT-Bachelor of Laws/Bachelor of Information Technology - City Campus
1o Admission into CLAWAC-Bachelor of Laws/Bachelor of Accounting - City Campus
1p Admission into CLAWCR-Bachelor of Laws/Bachelor of Criminology - City Campus
1q Admission into CLAWHIR-B Laws (Hons)/B Intl Relations and Political Science
1r Admission into CLAWHIT-B Laws (Hons)/B Information Technology
1s Admission into CLAWHAC-B Laws (Hons)/B Accounting
1t Admission into CLAWHCR-B Laws (Hons)/B Criminology
1u Admission into CLAWHBU-B Laws (Hons)/B Business
2 ^ 1 of LLAW1312, LLAW1211
Must Satisfy: ((1 or 1a or 1b or 1c or 1d or 1e or 1f or 1g or 1h or 1i or 1j or 1k or 1l or 1m or 1n or 1o or 1p or 1q or 1r or 1s or 1t or 1u) and 2)

Assignment(s), Examination(s), Test(s)

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.

On completion of this topic students will be expected to be able to:

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.