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304 pages, Paperback
First published January 1, 2009
Reynolds notes that the act of state doctrine bars judicial review of territorial claims. This was applied in Mabo, with one of the justices declaring that the acquisition of foreign territory was “an act of state which cannot be challenged, controlled or interfered with by the courts of that state.” Reynolds asserts that this “presents us with the extraordinary proposition that Australia’s highest court is unable to challenge a decision in the late 18th century on the other side of the world during the reign of George III.”