Part I commences with a very brief (and therefore necessarily inadequate) statement of what Mabo v Queensland (Mabo 1991:1) decided, the views of a leader of the Aboriginal people about that decision, and contrary opinions for two other Aborigines.
Most commentators accept that Mabo is beset with flaws in the legal reasoning. These flaws are briefly exposed in Part I with more detail in Part II. Part I analyses and provides a critique of the policy reasons which underpin the decision and which partly surface in the opinions provided by the judges for their decision. This will be followed by an analysis of: the law making role of the High Court; some aspects of the legal reasoning and the wider social, political and economic implications.
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