... Introduction United States law has used the doctrine of "discovery" to justify the takeover of Indian people and territory. In the same way Australian law has used the concept of "terra nullius," the legal myth that Australia had no previous owners. Today it is easy to see ... constitutional matters. Binnie gave one example: Indians had the right to surrender land. His statement was greeted with laughter, it was so absurd. The federal government had an "empty box" theory. A box of rights had been protected by section 35, but unfortunately the box was empty. Indians responded with ... s...

• Word Count: 4016
• Approx Pages: 16
• Grade Level: High School