He is grateful to Margaret Allars for having been such an inspiring administrative law teacher and her encouragement to bring this article to publication. He would also like to thank the four anonymous reviewers for their thoughtful and insightful comments.
Kumarangk (Hindmarsh Island) and the Politics of Natural Justice under Settler-Colonialism
Article first published online: 21 FEB 2011
© 2011 American Bar Foundation.
Law & Social Inquiry
Volume 36, Issue 1, pages 125–149, Winter 2011
How to Cite
van Krieken, R. (2011), Kumarangk (Hindmarsh Island) and the Politics of Natural Justice under Settler-Colonialism. Law & Social Inquiry, 36: 125–149. doi: 10.1111/j.1747-4469.2010.01226.x
- Issue published online: 21 FEB 2011
- Article first published online: 21 FEB 2011
This article examines the impact of the application of apparently impartial principles of procedural fairness and natural justice on the construction of “authentic” and “inauthentic” knowledge of Aboriginal culture. It discusses the progression of the Kumarangk (Hindmarsh Island) court cases and the legal construction of public participation in the making of political decisions affecting Aboriginal interests in land. In examining the politics of competing interests in land, this article reflects on the tension between Indigenous interests in land and settler developmentalism in relation to the Australian jurisprudence of procedural fairness and natural justice. The arguments running through the article concern the questions of the ways in which the liberal restraint on power is embodied in the impartial principles of administrative law, where that power creates rather than infringes upon rights, why it generates a particular legal construction of Aboriginal interests in land and cultural heritage, and the extent to which this plays a role in the maintenance of relations of settler-colonial dispossession.