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Law

Constitutional Recognition of Indigenous Customary Law and Legal Certainty

Quick fact

In Australia, the recognition of Indigenous customary law through the Native Title Act has led to legal uncertainty because courts must determine whether native title rights have been extinguished, a process that is often unpredictable and complex.

Why this is interesting

Imagine a legal system where two different sets of laws apply to the same person, depending on their heritage. How can anyone be sure about the law?