IT WAS either 1971 or 1972. I was in a lift at (old) Parliament House, running messages. It was packed with journalists, including Alan Reid, then perhaps in his late 50s. I forget what the issue was, perhaps the Commonwealth’s grab for the seabed or something like it. Reid was in a pontificating mood. “”Barring natural disasters,” he said. “”All the best stories come out of the Constitution.”
This was pre-Whitlam, pre-1975, pre-Tasmanian Dams; pre-Darwin cyclone and, of course, pre-Mabo. Reid was no doubt thinking of the bank-nationalisation case, the uniform-tax case or petrol rationing, but his words have held up well.
Mabo is essentially a constitutional case. The finding of native title was one matter; of greater import was finding its constitutional underpinning that would make it enforceable: the requirement that the Federal Government can only take property on “”just terms” and the finding that the Racial Discrimination Act was a valid exercise of the foreign-affairs power, so the states could not extinguish native title because it would also inevitably breach that Act.
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