It’s important to understand that a First Nations consultative body such as the Customary Senate doesn’t pose a ‘threat’ to democracy or the rule of law.
Articles on Indigenous customary law
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Colonialism and apartheid sought to make traditional leaders accountable to white officials by tying them to land.
Although South Africa has taken steps to rid itself of the apartheid-era view of marriage as only heterosexual and monogamous, discrimination against religious marriages persist.
Few in Australia understand the context and true meaning of customary law. Denials of its validity are often based on ignorance or on specific examples devoid of context.
The Recognition of Aboriginal Customary Laws examined the interaction between two legal systems – one based in British law and the other in the customary laws of the Aboriginal peoples of Australia.
The ALRC report made some useful recommendations about how settler law could deal more fairly with Aboriginal people by taking their traditions and customs into account.
Top contributors
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Professor of law, Australian National University
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Director, Centre for Resources, Energy and Environmental Law, Melbourne Law School, The University of Melbourne
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Professor of Legal Pluralism, Religious Family Laws, and Human Rights, University of Cape Town
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Professor of Criminology, The University of Western Australia
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Professor of Didactics in Geography, Pädagogische Hochschule Steiermark
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Directrice de recherche au CNRS (CNRS, CREDO, UMR 7308), histoire de la colonisation, histoire du Pacifique et de la Nouvelle-Calédonie,, Aix-Marseille Université (AMU)
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Associate Professor of History, Southern Methodist University
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Associate Lecturer, Université de la Nouvelle-Calédonie
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Professor, Environmental Studies & Convenor, Melbourne Climate Futures Academy, The University of Melbourne