Sentences with phrase «critical judicial interpretation»
(2003) 46 WRN 70, Sagay noted that the Court of Appeal subjected Section 88 of the 1999 Constitution to a critical judicial interpretation.
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As discussed in Chapter 3 the policy position at federal Government level has been to apply and reinforce this increasingly narrow judicial interpretation of native title, including opposing in the courts, recognition of native title (for example sea rights) and subjecting agreements recognising native title to critical scrutiny even where such agreements are based on consent.