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Mabo V Queensland (No 1)
''Mabo v Queensland (No 1)'',. was a significant court case decided in the High Court of Australia on 8 December 1988. It found that the '' Queensland Coast Islands Declaratory Act 1985'', which attempted to retrospectively abolish native title rights, was not valid according to the ''Racial Discrimination Act 1975''. Background to the case The case was closely related to another proceeding in the High Court (''Mabo v Queensland (No 2)'',. decided in 1992) which was a dispute between the Meriam people (of the Mer Islands in the Torres Strait) and the Government of Queensland, in which several Meriam people, principally Eddie Mabo, contested that they had certain native title rights over the Murray Islands. In 1985, the Queensland Government passed the ''Queensland Coast Islands Declaratory Act'', which was intended to retrospectively abolish any such native title rights, if they existed. The Meriam people sought a demurrer to prevent the Queensland Government from relying on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established following passage of the ''Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judiciary, judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice of Australia, Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General of Australia, Governor-General on the Advice (constitutional law), advice of the Prime Minister of Australia, Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire ea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Native Title
Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is inalienable, and that it may be held either individually or collectively. Aboriginal title is also referred to as indigenous title, native title ( in Australia), original Indian title ( in the United States), and customary title (in New Zealand). Aboriginal title jurisprudence is related to indigenous rights, influencing and influenced by non-land issues, such as whether the government owes a fiduciary duty to indigenous peoples. While the judge-made doctrine arises from customary internationa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Native Title In Australia
Native title is the designation given to the common law doctrine of Aboriginal title in Australia, which is the recognition by Australian law that Indigenous Australians (both Aboriginal Australian and Torres Strait Islander people) have rights and interests to their land that derive from their traditional laws and customs. The concept recognises that in certain cases there was and is a continued beneficial legal interest in land held by Indigenous peoples which survived the acquisition of radical title to the land by the Crown at the time of sovereignty. Native title can co-exist with non-Aboriginal proprietary rights and in some cases different Aboriginal groups can exercise their native title over the same land. The foundational case for native title in Australia was ''Mabo v Queensland (No 2)'' (1992). One year after the recognition of the legal concept of native title in ''Mabo'', the Keating Government formalised the recognition by legislation with the enactment by the Au ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Australian Native Title Court Cases
Native title in Australia Native title is the designation given to the common law doctrine of Aboriginal title in Australia, which is the recognition by Australian law that Indigenous Australians (both Aboriginal Australian and Torres Strait Islander people) have rights ... is decided principally by the High Court and the Federal Court. References {{Reflist High Court Native title case law in Australia Australian case law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of human behaviour and are regularly protected in Municipal law, municipal and international law. They are commonly understood as inalienable,The United Nations, Office of the High Commissioner of Human RightsWhat are human rights? Retrieved 14 August 2014 fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings",Burns H. Weston, 20 March 2014, Encyclopædia Britannicahuman rights Retrieved 14 August 2014. regardless of their age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at every time in the sense of being Universality (philosophy), universal, and they are Egalitari ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Annexation
Annexation (Latin ''ad'', to, and ''nexus'', joining), in international law, is the forcible acquisition of one state's territory by another state, usually following military occupation of the territory. It is generally held to be an illegal act.: "Annexation means the forcible acquisition of territory by one State at the expense of another State. It is one of the principal modes of acquiring territory... in contrast to acquisition a) of terra nullius by means of effective occupation accompanied by the intent to appropriate the territory; b) by cession as a result of a treaty concluded between the States concerned (Treaties), or an act of adjudication, both followed by the effective peaceful transfer of territory; c) by means of prescription defined as the legitimization of a doubtful title to territory by passage of time and presumed acquiescence of the former sovereign; d) by accretion constituting the physical process by which new land is formed close to, or becomes attached to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliaments Of The Australian States And Territories
The Parliaments of the Australian states and territories are legislative bodies within the federal framework of the Commonwealth of Australia. All the parliaments are based on the Westminster system, and each is regulated by its own constitution. Queensland and the two territories have unicameral parliaments, with the single house being called Legislative Assembly. The other states have a bicameral parliament, with a lower house called the Legislative Assembly (New South Wales, Victoria and Western Australia) or House of Assembly (South Australia and Tasmania), and an upper house called the Legislative Council. Unlike the Parliament of Australia Section 44 of the Constitution of Australia which prevents persons with dual citizenship to be in Parliament, In state Parliaments they have no laws preventing dual citizenship. Background Before the formation of the Commonwealth in 1901, the six Australian colonies were self-governing colonies, with parliaments which had come into e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of Australia
The Constitution of Australia (or Australian Constitution) is a written constitution, constitutional document that is Constitution, supreme law in Australia. It establishes Australia as a Federation of Australia, federation under a constitutional monarchy and outlines the structure and powers of the Australian government's three constituent parts, the Government of Australia, executive, Parliament of Australia, legislature, and Judiciary of Australia, judiciary. The constitution was drafted between 1891 and 1898, through a series of Constitutional Convention (Australia), conventions conducted by representatives of the six self-governing British colonies in Australia. The final draft was then approved in a 1898–1900 Australian constitutional referendums, set of referendums from 1898 to 1900. The British government objected to some elements of the final draft, but a slightly modified form was enacted as section 9 of the ''Commonwealth of Australia Constitution Act 1900'', an Ac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliament Of Australia
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislature, legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the Governor-General of Australia, governor-general), the Australian Senate, Senate and the Australian House of Representatives, House of Representatives.Constitution of Australia, Section 1 of the Constitution of Australia, section 1. The combination of two elected chambers, in which the members of the Senate represent the States and territories of Australia, states and territories while the members of the House represent electoral divisions according to population, is modelled on the United States Congress. Through both chambers, however, there is a Fusion of powers, fused executive, drawn from the Westminster system.. The upper house, the Senate, consists of 76 members: twelve for each state, and two each for the territories, Northern Terr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eddie Mabo
Edward Koiki Mabo (''né'' Sambo; 29 June 1936 – 21 January 1992) was an Indigenous Australian man from the Torres Strait Islands known for his role in campaigning for Indigenous land rights in Australia, in particular the landmark decision of the High Court of Australia that recognised that indigenous rights to land had continued after the British Crown acquired sovereignty and that the international law doctrine of terra nullius was not applicable to Australian domestic law. High court judges considering the case ''Mabo v Queensland (No 2)'' found in favour of Mabo, which led to the ''Native Title Act 1993'' and established native title in Australia, officially recognising the rights of Aboriginal and Torres Strait Islander people in Australia. Early life and family Mabo was born Edward Koiki Sambo on 29 June 1936 in the village of Las on the island of Mer in the Torres Strait. His parents were Robert Zesou Sambo and Poipe Mabo, but Eddie was adopted by his uncle Benny Ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Government Of Queensland
The Queensland Government is the democratic administrative authority of the States and territories of Australia, Australian state of Queensland. The Government of Queensland, a parliamentary system, parliamentary constitutional monarchy was formed in 1859 as prescribed in its Constitution of Queensland, Constitution, as amended from time to time. Since the Federation of Australia in 1901, Queensland has been a States and territories of Australia, State of Australia, with the Constitution of Australia regulating the relationships between all state and territory governments and the Australian Government. Under the Australian Constitution, all states and territories (including Queensland) Section 51 of the Constitution of Australia, ceded powers relating to certain matters to the federal government. The government is influenced by the Westminster system and Federalism in Australia, Australia's federal system of government. The Governor of Queensland, as the representative of Charles ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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