Essay Database

The reasons for the Native Title Amendment Act 1998 can be seen by, extracting the main differences between it, and the original Native Title Act 1993. The changes between the two have been the focus of discussion as to whether the new legislation is unconstitutional according to the idea of "race power", outlined in s 51(xxvi) of the Commonwealth Constitution, authorising Parliament to make laws with respect to: "the people of any race for whom it is …

…however for Justice Callinan. His judgement in the Yanner v Eaton would lead to the thought that if he were to have rendered judgement on the Kartinyeri Case he too would have announced the idea that Parliament has the power to repeal anything it enacts. It remains to be seen however how different each Justice would make a judgement which would have the same amount of impact as did the case of Kartinyeri v Commonwealth.