Sentences with phrase «discriminatory operation of these laws»

Not exact matches

My first response to the Government's argument is that it is irrelevant that the discriminatory operation of the NTA to extinguish and impair native title reflects the discrimination contained in the common law test of extinguishment.

The Government's primary argument is that, because the confirmation provisions are merely a codification of common law standards, the NTA does not perform any independent discriminatory operation.

Even if the NTA were subject to the operation of the RDA, the failure of the Commonwealth to prohibit racially discriminatory laws under the NTA would not come within its purview.