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Citizens, Aliens, Race and the High Court

John P. Bryson

Mar 30 2020

14 mins

The decision of the High Court of Australia in Love v The Commonwealth of Australia: Thoms v The Commonwealth of Australia on February 11 has gone straight to the pantheon of Australian folklore and journalistic obsession as if it were a High Court decision in some way establishing that Aborigines are entitled to immunity from ever being removed from Australia for whatever cause, an immunity which non-Aboriginal Australians do not share. This is not really what it establishes, and not really what it was about: but then Mabo v The State of Queensland  (No.2) (1992) was not about Aborigines either, related only to native title of the Meriam people, Torres Strait Islanders, in the Murray Islands, on facts special to them, and has a claim to be the longest ever obiter dictum in Australian legal history. (It is worth adding that native title now exists under an enactment of the Commonwealth Parliament, as it should, and is not or no longer is a creation of opinion in the High…

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