|
Mabo V Queensland (No 2) (1992)
''Mabo v Queensland (No 2)'' (commonly known as ''Mabo'') is a decision of the High Court of Australia, decided on 3 June 1992.. It is a landmark case, brought by Eddie Mabo against the State of Queensland. The case is notable for first recognising the pre-colonial land interests of Indigenous Australians within Australia's common law.e.g. in ''Milirrpum v Nabalco Pty Ltd'' ''Mabo'' is of great legal, historical, and political importance to Aboriginal and Torres Strait Islander Australians. The decision rejected the notion that Australia was terra nullius at the time of British settlement, and recognised that Indigenous rights to land existed by virtue of traditional customs and laws and these rights had never been wholly been lost upon colonisation. The Prime Minister Paul Keating praised the decision, saying it "establishes a fundamental truth, and lays the basis for justice". Conversely, the decision was criticised by the government of Western Australia and various minin ... [...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] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Torres Strait Islanders
Torres Strait Islanders () are the Indigenous Melanesian people of the Torres Strait Islands, which are part of the state of Queensland, Australia. Ethnically distinct from the Aboriginal people of the rest of Australia, they are often grouped with them as Indigenous Australians. Today there are many more Torres Strait Islander people living in mainland Australia (nearly 28,000) than on the Islands (about 4,500). There are five distinct peoples within broader designation of Torres Strait Islander people, based partly on geographical and cultural divisions. There are two main Indigenous language groups, Kalaw Lagaw Ya and Meriam Mir. Torres Strait Creole is also widely spoken, as a language of trade and commerce. The core of Island culture is Papuo- Austronesian and the people traditionally a seafaring nation. There is a strong artistic culture, particularly in sculpture, printmaking and mask-making. Demographics In June 1875 a measles epidemic killed about 25% of the popula ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Meriam People
Melanesian Meriam people are an Indigenous Australian group of Torres Strait Islander people who are united by a common language, strong ties of kinship and live as skilled hunter–fisher–gatherers in family groups or clans on a number of inner eastern Torres Strait Islands including ''Mer'' or Murray Island, ''Ugar'' or Stephen Island and ''Erub'' or Darnley Island. The Meriam people are perhaps best known for their involvement in the High Court of Australia's Mabo decision which fundamentally changed land law in Australia - recognising native title. Although gardening takes priority, each Meriam family has sea rights, and on the reefs in front of their houses, which are mainly built above the beach, they maintain stone fish-weirs and crayfish holes. Demographics Melanesian Meriam people primarily reside in a small island of volcanic origin situated at the eastern end of Torres Strait, known as Mer (Murray) Island. The Murray group also comprises two other islands, Eru ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murray Island, Queensland
Murray Island (also known as Mer Island or Maer Island) in the Torres Strait Island Region, Queensland, Australia. The island is part of the Murray Island Group in the Torres Strait. The town is on the island's northwest coast and within the Suburbs and localities (Australia), locality of Mer Island, Queensland, Mer Island (the locality boundaries are the island's coastline). The island is of volcano, volcanic origin, the most easterly inhabited island of the Torres Strait Islands archipelago, just north of the Great Barrier Reef. The name ''Meer/Mer/Maer'' comes from the native Meriam language. In the , Murray Island had a population of 453. The island is populated by the Melanesians, Melanesian Meriam people. There are eight tribes on Mer: Komet, Zagareb, Meuram, Magaram, Geuram, Peibri, Meriam-Samsep, Piadram/Dauer. The island's organisation is based on traditional laws of boundary and ownership. Geography Murray Island, in the eastern section of Torres Strait, is a basalti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wik Peoples V Queensland
''Wik Peoples v The State of Queensland''. (commonly known as the Wik decision) is a decision of the High Court of Australia delivered on 23 December 1996 on whether statutory leases extinguish native title rights. The court found that the statutory pastoral leases under consideration by the court did not bestow rights of exclusive possession on the leaseholder. As a result, native title rights could co-exist depending on the terms and nature of the particular pastoral lease. Where there was a conflict of rights, the rights under the pastoral lease would extinguish the remaining native title rights. The decision provoked a significant debate in Australian politics. It led to intense discussions on the validity of land holdings in Australia. Some political leaders criticised the court for being out of touch and for introducing uncertainty into Australian life. The Howard Government formulated a “10 point plan” to bring certainty to land ownership in Australia. This plan led ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indigenous Land Rights In Australia
Indigenous land rights in Australia, also known as Aboriginal land rights in Australia, relate to the rights and interests in land of Aboriginal and Torres Strait Islander people in Australia, and the term may also include the struggle for those rights. Connection to the land and waters is vital in Australian Aboriginal culture and to that of Torres Strait Islander people, and there has been a long battle to gain legal and moral recognition of ownership of the lands and waters occupied by the many peoples prior to colonisation of Australia starting in 1788, and the annexation of the Torres Strait Islands by the colony of Queensland in the 1870s. , Aboriginal and Torres Strait Islander peoples’ rights and interests in land are formally recognised over around 40 per cent of Australia’s land mass, and sea rights have also been asserted in various native title cases. Description and distinctions According to the Attorney-General's Department: Text was copied from this sourc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Native Title Act 1993
The ''Native Title Act 1993'' (Cth) is a law passed by the Australian Parliament, the purpose of which is "to provide a national system for the recognition and protection of native title and for its co-existence with the national land management system". The Act was passed by the Keating Government following the High Court's decision in Mabo v Queensland (No 2) (1992).. The Act commenced operation on 1 January 1994. Background Act This legislation aimed to codify the Mabo decision and implemented strategies to facilitate the process of recognising native title in Australia. The Act also established the National Native Title Tribunal, to register, hear and determine native title claims. According to the Australian Government: ''The Native Title Act'' 1993 establishes a framework for the protection and recognition of native title. The Australian legal system recognises native title where: *the rights and interests are possessed under traditional laws and customs that cont ... [...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] |
Paul Keating
Paul John Keating (born 18 January 1944) is an Australian former politician and unionist who served as the 24th prime minister of Australia from 1991 to 1996, holding office as the leader of the Australian Labor Party (ALP). He previously served as treasurer of Australia in the Hawke government from 1983 to 1991 and as deputy prime minister of Australia from 1990 to 1991. Keating was born in Sydney and left school at the age of 14. He joined the Labor Party at the same age, serving a term as State President of Young Labor and working as a research assistant for a trade union. He was elected to the Australian House of Representatives at the age of 25, winning the division of Blaxland at the 1969 election. Keating briefly served as Minister for Northern Australia from October to November 1975, in the final weeks of the Whitlam government. After the Dismissal removed Labor from power, he held senior portfolios in the Shadow Cabinets of Gough Whitlam and Bill Hayden. During th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Terra Nullius
''Terra nullius'' (, plural ''terrae nullius'') is a Latin expression meaning " nobody's land". It was a principle sometimes used in international law to justify claims that territory may be acquired by a state's occupation of it. : : : : : : There are currently three territories claimed to be ''terra nullius'', two of which caused by border disputes between sovereign states, and one caused by no sovereign state claiming the land. Doctrine In international law, ''terra nullius'' is territory which belongs to no state. Sovereignty over territory which is ''terra nullius'' can be acquired by any state by occupation. According to Oppenheimer, “‘The only territory which can be the object of occupation is that which does not already belong to another state, whether it is uninhabited, or inhabited by persons whose community is not considered to be a state; for individuals may live on as territory without forming themselves into a state proper exercising sovereignt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
.png "Click for more on -> Mabo V Queensland (No 2) (1992)")
.png "Click for more on -> Common Law")
