We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Nobody downloaded yet

Mabo Vs Queensland - Essay Example

Comments (0) Cite this document
In its ruling, the High Court of Australia nullified the declaration terra nullis or that land belonging to no-one. This declaration…
Download full paper
Mabo Vs Queensland
Read TextPreview

Extract of sample
Mabo Vs Queensland

Download file to see previous pages... As such, the successive governments had made no endeavour to establish a system of national land rights. This undesirable situation was rectified by the Australian High Court, which relied upon its constitutional authority to declare land rights (Keon-Cohen, 2000: 893).
The decision in Mabo (No 1) in conjunction with international commitments to racial equality and the just terms protection under the Australian Constitution, and the national bill for compulsory acquisition of native title, engendered new property rights. The Mabo (No 2) decision provided various opportunities to the government to ensure land justice (Keon-Cohen, 2000: 893).
However, these opportunities were squandered by the government. A political solution to this issue was made available in the federal, State, and Territory statutory schemes relating to land rights (Keon-Cohen, 2000: 893). However, these schemes have effectively distorted the judgement in Mabo (No 2); and served to distance it from the common law.
The extant political solutions for this long standing national issue are irrational, and it is in this depressing environment that the High Court’s judgement proves to be welcome. Moreover, the legislative solutions, in respect of this predicament have proved to be defective; and there are serious administrative lapses in the implementation of the legislative solution (Keon-Cohen, 2000: 893). The scheme provides more opportunities to Crown grantees rather than the indigenous people; and makes no attempt to reconcile the differences between the affected parties.
The Mabo decision served to rescind the principle of terra nullius. This doctrine enabled the Crown to appropriate property that was uninhabited. However, this principle was extended by the common law to apply to the lands of the indigenous peoples. This unjust act was sought to be justified by the falsely claiming that the Aboriginals were uncivilised barbarians, and that there was nothing amoral in ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Mabo Vs Queensland Essay Example | Topics and Well Written Essays - 1500 words”, n.d.)
Retrieved from https://studentshare.org/miscellaneous/1568477-mabo-vs-queensland
(Mabo Vs Queensland Essay Example | Topics and Well Written Essays - 1500 Words)
“Mabo Vs Queensland Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.org/miscellaneous/1568477-mabo-vs-queensland.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
Queensland Principles of Criminal Law
Brian has the intention to inflict grievous bodily harm on Jonas by punching him and pushing him to the river to drown; and (b). Malice on the part of Brian by pushing Jonas to the river, having knowledge that Jonas does not know how to swim and he will drown, thereby causing the death of Jonas.
10 Pages(2500 words)Essay
A Comparison between Two Possible Methods for Water Provision in South East, Queensland, Australia
A COMPARISON BETWEEN TWO POSSIBLE METHODS FOR WATER PROVISION IN SOUTH EAST, QUEENSLAND, AUSTRALIA. Australia has been facing periodical water shortage and dry spells that have been in prevalence for the last one hundred years. Currently, about six percent of the South-East Queensland is facing acute shortage of water and thus severe drought.
5 Pages(1250 words)Essay
Eddie Mabo, the Indigenous Land Father
An indigenous Australian, he displayed an astute knowledge of the fact that the land upon which he was born was rightfully indigenous, and that the laws that had been instituted by the colonial settlers and their government did the indigenous people a great injustice (Smallacombe 2000, p.300).
4 Pages(1000 words)Essay
Critique practice contents( child protection within the organisation of Child safety queensland)
Similarly, many a time, many social workers find themselves torn between the need to fulfill organisational and professional responsibilities which may seem to be in diametrical opposition. The reality of this fact is magnified when a sensitive field such as child protection and a competitive organisation such as Child Safety Queensland are brought into consideration.
6 Pages(1500 words)Essay
Case Law Study in Ratio Decidendi
In the beginning, the facts of the case are discussed in this essay. Then the all important doctrine of ratio decidendi is discussed and its identification in this particular case is done. Next, the importance of the doctrine of precedent is discussed. Then the hierarchy of courts in Australia and the difference between binding and persuasive effects is discussed.
10 Pages(2500 words)Essay
Critical Case Comment
ed in this case were that of equity, unconscionable conduct and undue influence and this analysis of the issues and judgment rendered in this case is presented predominantly from an economic and feminist standpoint. The case of Bridgewater v Leahy is concerned with equity in
10 Pages(2500 words)Essay
Current political issue of Fluoridation in Queensland/Brisbane
It is quite typical matter, that has caused a great deal of disagreement during much of its lifetime. Artificial water fluoridation has been around for 60 years, with the purpose of reducing dental decay. and since the sixties every capital city in Australia has been fluoridated, except Brisbane.
2 Pages(500 words)Essay
New Driving Laws in Queensland, Australia
Licensing Laws in Australia for a driver's license differ among states and territories, but most of the involvement of a similar procedure and a graduated licensing system Queensland Learner License. Nomenclature varies between states and territories in Australia between the driver's license and driver's license "Learner Queensland License".
6 Pages(1500 words)Essay
The case of Mabo
According to the defendant and more so the Queensland government, they argued that in a situation where a settled colony territory contribute to the dominion of the crowns, England law dominates.In law, a plaintiff refers to an individual who commences a lawsuit. Such an individual commences a lawsuit by filling a complaint.
9 Pages(2250 words)Essay
Let us find you another Essay on topic Mabo Vs Queensland for FREE!
Contact us:
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us