Last edited by Vizuru
Wednesday, February 12, 2020 | History

5 edition of The Mabo decision found in the catalog.

The Mabo decision

  • 314 Want to read
  • 18 Currently reading

Published by Butterworths in Sydney, Austin, Tex .
Written in English

    Places:
  • Queensland,
  • Australia.
    • Subjects:
    • Mabo, Eddie -- Trials, litigation, etc.,
    • Aboriginal Australians -- Legal status, laws, etc.,
    • Aboriginal Australians -- Land tenure.,
    • Land tenure -- Law and legislation -- Australia.,
    • Queensland -- Trials, litigation, etc.

    • Edition Notes

      Includes bibliographical references and index.

      Statementwith commentary by Richard H. Bartlett and the full text of the decision in Mabo and Others v. State of Queensland.
      ContributionsMabo, Eddie., Bartlett, Richard H., 1947-
      Classifications
      LC ClassificationsKU46.M33 A93 1993
      The Physical Object
      Paginationxxvi, 174 p. ;
      Number of Pages174
      ID Numbers
      Open LibraryOL1046697M
      ISBN 100409308447
      LC Control Number93247233

      Although in the early days the Mabo decision generally seemed welcome, it was not long before it became increasingly divisive. Plaintiff's arguments: The plaintiff argued for a possessory title by reason of long possession. These people sacrifice something and bear pressure for supporting Eddie Mabo. The Law of the Land.

      On 3 Junethe High Court by a majority of six to one upheld the claim and ruled that the lands of this continent were not terra nullius or land belonging to no-one when European settlement occurred, and that the Meriam people were 'entitled as against the whole world to possession, occupation, use and enjoyment most of the lands of the Murray Islands. He parks himself at the bar with a sign and refuses to leave, which lands him in the lock-up. It has not borne out the inflated expectations of the time, with native title often proving elusive and no further rights beyond land being recognised. The court had to determine the effect of this annexation on the rights of the Meriam people to their land. He also rejected an attempt to recognise the customary criminal law of Aboriginal peoples.

      A key problem is that native title is hard to prove. He could not go home. Written for the general reader, teachers and students the book begins with a plea for a Makarrata Treaty and ends with the Uluru Statement calling on the Australian Government for a First Nations' traditional owners body, enshrined in the Australian Constitution, to consult on government legislation and policy affecting their issues such as culture, preservation of language, land management, native title and passive welfare. He also rejected an attempt to recognise the customary criminal law of Aboriginal peoples. Indigenous identity, the reality and status of land ownership and entitlement, and partnership of white and black in the processes of justice and reconciliation are at the core of Mabo. The court instead set down a radically different perspective of Australia's first peoples.


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The Mabo decision book

The Mabo case ran for 10 years. Prime minister Paul Keating responded to the court's decision by seizing the opportunity to legislate for a national native title act. The Mer Islanders decided to take action to challenge terra nullius and Eddie Mabo would be the one to lead it.

Defendant's arguments: The Queensland government argued that when the territory of a settled colony became part of the Crown's dominions, the law of England became the law of the colony and, by that law, the Crown acquired the "absolute beneficial ownership" of all land in the territory.

As Koiki himself says, it's " Eddie Mabo has made a highly significant contribution to the rights and freedoms of Indigenous Australians as he was the forefather of a long-lasting court case in fighting for the land rights of the Torres Strait Islanders.

But the years stretch out and take their toll, and Eddie dies a matter of months before the decision is handed down in — in his favour, and history is made for indigenous and non-indigenous Australians.

It has not borne out the inflated expectations of the time, with native title often proving elusive and no further rights beyond land being recognised. One man makes this his mission, with the support of his wife and some members of the white legal community, but the implications are far wider.

Eddie Mabo

The High Court ruled that the Crown had acquired a title to the land of Australia and this could not be challenged in court. Henry Reynolds Before native title we never had any recognition as traditional owners, we had no rights in our own country. On January 26,Australia The Mabo decision book claimed and settled by white colonists and representatives of the king of England, while the indigenous inhabitants of this continent had been here for tens of thousands of years Mungo Man evidence, for example.

In this case, the concept of terra nullius was also challenged. The ongoing impact of colonialism on Australia's natural environment is also included.

The decision was based on the findings of fact made by Justice Moynihan of the Supreme Court of Queensland : that the Mer Islanders had a strong sense of relationship to the islands and regarded the land as theirs. A key problem is that native title is hard to prove.

There remains work to be done; any single advance will not be sufficient. Sources Aims. The court instead set down a radically different perspective of Australia's first peoples.

Although in the early days the Mabo decision generally seemed welcome, it was not long before it became increasingly divisive. Others foresaw that the courts would recognise further Aboriginal rights. A fair go is his basic motivation, but left-wing involvement also attracts negativity and Netta is confused at first, but comes to understand the need for more general alliances.

Given this, it is no surprise that Aboriginal people are instead seeking justice and political empowerment through constitutional change and negotiated agreements such as treaties.

The pain of their experience and anger at the extent of racial exclusion is sharply depicted. It engendered a long-running, and often bitter, political debate that culminated in in prime minister John Howard's point plan.

One legacy of the Mabo case has been to shift the debate back to the political realm. The Mabo case gave rise to great expectations and fears. The Court purported to achieve all this without altering the traditional assumption that the Australian land mass was "settled".Mar 17,  · Eddie Mabo is not only a hero of the film Mabo?

Essay Words | 3 Pages. Rachel Perkin demonstrate us that Eddie Mabo is a hero. He commit himself fully to fight tirelessly for aboriginal rights of land. In the process, Eddie Mabo get much support by his wife, his lawyers, his friends. Collection of 12 essays on the Mabo decision reflecting a wide range of viewpoints.

Ten of the essays were originally published in the 'Sydney Law Review' in its special symposium issue of Juneand one essay appeared in the 'Australian Mining and Petroleum Law Association Bulletin'.

Includes an article on recent developments following the decision. The Mabo cases are some of the most well known cases in the Australian legal system, this paper will focus on the Mabo v.

Queensland, a case that was litigated over for almost a decade in the Australian high court, this case was a monumental step for indigenous people in Australia.

May 12,  · These are the sources and citations used to research Mabo Decision. This bibliography was generated on Cite This For Me on Wednesday, May 25, Essays on the Mabo decision.

Sydney: Law Book Co. MLA Citation Essays on the Mabo decision Law Book Co Sydney Australian/Harvard Citation.Essays on the Mabo decision Law Book Co Sydney. Wikipedia Citation. Please see Wikipedia's template documentation for further citation fields that may be required.

Jan 31,  · Mabo narrative. Mabo opens with the image of an old man and child engaged in traditional fishing activity and the passing on of culture and stories, in the idyllic physical setting of the Torres Author: Colleen Keane.