Mabo V Queensland An Australian Landmark Case - 1168 Words

‘Mabo V Queensland’ was an Australian prominent landmark case which began in 1982 in the High Court of Australia. This case is commonly referred to as just ‘Mabo’. This case was taken to the High Court as a test case to establish Aboriginal’s land rights including their ownership. A test case is a case that establishes new legal rights or principals. In this case, the concept of terra nullius was also challenged. Terra Nullius means ‘empty land’. The concept of terra nullius meant that Australia was an empty land before British settlement. This concept, therefore, suggested there is no ownership of this land by the aboriginals. Eddie Mabo was appalled once he discovered that he and his people’s/communities traditional ownership was unrecognisable by Australians and their laws. While working at James Cook University, he read many books and reports about aboriginals and Torres Strait Islanders to further his knowledge. Due to his higher level of knowledge about his people and their land rights, he became an activist who fought for their land rights. He attended the Land Rights Conference in 1981 to ask for assistance for aboriginal land rights in particularly the ownership of Murray Island. During his speech he once said that â€Å"what we actually want is real help, not patronising colonial rule anymore; more advanced help from our prosperous white Queenslanders to enable us to stand on our own feet and be able to exer cise our rights as Australians†¦Ã¢â‚¬  In this conference heShow MoreRelatedMabo Decision : Queensland Government1414 Words   |  6 PagesMabo Decision The case of Mabo decision with Queensland government was one of the most significant legal case in Australia, which recognised the land rights and the original ownership of Murray islanders in the Torres Strait. It was acting by Murray islanders and the High Court upheld. Based on the successful legal case, there are some key issues in the process for Indigenous’ land rights, which were changed in Australia law and affect future rulings in Australia, such as the Native Title rulingRead MoreThe Separation Of Powers Doctrine1516 Words   |  7 Pagespdf)downloaded on 22/03/2016) Constitution Act (‘the Constitution’).1 The separation of powers doctrine states that each arm of the government should be separate from each other and not exercise the powers or functions of the others.2 Though the Australian government does not strictly comply in the separation of powers because the legislature and the executive are not completely separated.3 since Australia maintains a system of responsible government, which upholds the principle that the executiveRead MoreCase Study Mabo/Essay Federalism2851 Words   |  12 Pagesessay it will be discussed that the ‘Mabo Decision’ and the implementation of the Native Title Act, 1993, is an example of this and will be analysed whilst unearthing the challenges and benefits which were exhumed within this historical test case, whilst explaining the impact of the High Court Ddecision. The Australian system of government is a federal system incorporating characteristics of both the British system and that of the United States. The Australian Constitution provides for a WestminsterRead MoreAustralian And International Legal Systems1347 Words   |  6 Pagesrights for indigenous Australians now it is vital to also consider this issue in an historical context. The profound injustices since white settlement have left deep scars which are ever present today. The new settlers followed the legal approach that the land was not â€Å"owned† before white settlement (Terra Nullius, meaning â€Å"nobody’s land†) and therefore was theirs for the taking. They not only inflicted systematic physical and mental abuse but they fenced Indigenous Australians out of their land,Read MoreHistorical Developments Of Aboriginal And Torres Strait Islander Peoples Struggles For Rights And Freedoms1832 Words   |  8 Pagesstruggles for rights and freedoms’. Since European invasion in 1788, Indigenous Australians have fought to retain their rights and freedoms and to have governments recognise them. From 1788 and onwards the British created settlements on land that Aboriginal people previously used and controlled. Throughout the 19th century the government applied policies of ‘protection’ that have segregated Aborigines from Australian society by denying them equality and opportunity. They have achieved some significantRead MoreAustralia Based On The Doctrine Of Terra Nullius1416 Words   |  6 Pagesrecognize the existing Indigenous Australians and their ancestral land. Subsequently, the Aboriginals and Torres Strait Islanders were excluded from matters concerning their ancestral land during the drafting of the Australian constitution. Thus, resulting in an Australian constitution that discriminated against its first peoples, their connection to the land, culture and laws. â€Å"The Indigenous people we subjugated to the laws and customs of England, the Australian constitution ignored claims to landRead MoreThe Struggles Indigenous Peoples Face to Obtain Justice Essay1577 Words   |  7 Pagesthat person is a member of that group and for an individual to identify themselves as belonging to that group. The problems with achieving this right is demonstrated in the 2002 Good Weekend Article A white shade of Black which highlighted a court case in Tasmania to judge who could vote in ATSIC elections. Cultural integrity is the right of IPs to practice and preserve cultural traditions such as affinity with the land while also allowing them to access modem innovations. This is seen throughRead MoreThe Effectiveness of the Law in Achieving Justice for Indigenous People3090 Words   |  13 Pageslaw in achieving justice for Indigenous Australians we must look at the Australian Legal System, and the extent to which it addresses it’s obligations to International Law in relation to Australia’s Indigenous People. In evaluating the Legal System’s response to Indigenous People and it’s achieving of justice, an outline of the history of Indigenous Australians - before and during settlement - as well as their status in Australian society today must be made. The dispossessionRead MoreConstitutional Law Australia - Interpretations Essay4007 Words   |  17 PagesInterpretation: Engineers’ Case and criticisms of Callinan J in the Workchoices’ Case. By Mark Walker Introduction In the dissenting judgment made by Callinan J in the landmark New South Wales v Commonwealth (â€Å"Workchoices’ Case†), a strong criticism was mounted against constitutional interpretation methods employed in the judicial forum. Explicitly, this conjecture was focused at Isaacs J’s judgement in Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (â€Å"Engineers’ Case†), where a textualism