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Elucidating the role of

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The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a seemingly embedded culture of governmental inattention.In a series of breakthrough cases national courts adopted the argument developed first in western Canada, and then New Zealand and Australia by a handful of influential scholars.The right of access to justice, at national and international levels, is a fundamental cornerstone of the protection of human rights. In such understanding, it comprises not only the formal access to a tribunal or judge, but also respect for the guarantees of due process of law, the right to a fair trial, and to reparations (whenever they are due), and the faithful execution of judgments.The right to an effective domestic remedy is a basic pillar of the rule of law in a democratic society.This edition focuses in particular upon the profound impact of the European Convention on Human Rights on the judicial discretion to stay criminal proceedings.It explores substantial amounts of important recent case law, taking into account ECHR jurisprudence and discussions in English courts of the interplay between Article 6 ECHR and abuse of process.This book is a history of this doctrine and the explosion of intellectual activity arising from this inrush of legalism into the tribes' relations with the Anglo settler state.

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This power to stay proceedings which constitute an abuse of the process of the court has assumed great practical significance and is potentially applicable in many situations.

Less This book describes the encounter between the common law legal system and the tribal peoples of North America and Australasia.

Aboriginal title was one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century.

More This book describes the encounter between the common law legal system and the tribal peoples of North America and Australasia.

It is a history of the role of anglophone law in managing relations between the British settlers and indigenous peoples.