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Rights of passage?

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journal contribution
posted on 2024-07-11, 18:52 authored by Fiona McAllan
As legal discourse and legislation in Australia remains solidly weighted with representations of Indigenous subordination, I want to look closely at how the binary of recogniser/recognisee continues to operate using homogenous notions of national sovereignty and indigeneity. The assumption of a fixed foundation for the nation of Australia was grounded with sovereign legislation, ensuring its continuance with British law. In The Sovereign Event in a Nation's Law, Motha (2003) points to the doctrine of tenure operating in the form of a 'skeletal principle' that enables the sovereign body to extend its expanding laws over a differing topography in order to preserve its sovereignty. Motha argues that the sovereign event is not unitary but split from the outset.

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ISSN

1322-9060

Journal title

Law Text Culture

Volume

11

Issue

1

Pagination

13 pp

Publisher

Legal Intersections Research Centre

Copyright statement

Copyright © 2007 The published version is reproduced in accordance with the copyright policy of the publisher.

Language

eng

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