Indigenous intervention, doing good and racism

The High Court has just handed down its decision on the constitutionality of the legislation enabling the Northern Territory intervention: Wurridjal v Commonwealth of Australia [2009] HCA 2. A majority of the Court ruled that the legislation was constitutional, with Kirby J delivering a last (and controversial) dissent. It is a fascinating decision, involving the question of whether the Commonwealth has acquired property by reason of the Northern Territory intervention, and, if so, whether it has done so under “just terms” as required by s 51(xxxi) of the Constitution. [The short answer, for those who can't be bothered reading through the entire post, is that the majority of the Court concluded that property was acquired by the Commonwealth as a result of the intervention, but that the terms were just.]