|
Indigenous Australian Customary Law
Indigenous Australian customary law or Indigenous Australian customary lore refers to the legal systems and practices uniquely belonging to Indigenous Australians of Australia, that is, Aboriginal and Torres Strait Islander people. Background and description Indigenous peoples of Australia comprise two groups with very different histories, ethnicities and customs: Aboriginal peoples and Torres Strait Islanders. Torres Strait Islanders are "strictly monogamous ndmostly church-married". The most notable customary practice differing from usual practice among non-Indigenous Australians is that of adoption, known as '' kupai omasker'', by members of the extended family or friends. The reasons differ depending on which of the many Torres Islander cultures the person belongs to. Most studies have looked exclusively at Aboriginal law and lore, with regard to personal and social customs. Aboriginal customary law developed over time from accepted moral and social norms within Indigeno ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indigenous Australians
Indigenous Australians are people with familial heritage from, or recognised membership of, the various ethnic groups living within the territory of contemporary Australia prior to History of Australia (1788–1850), British colonisation. They consist of two distinct groups, which include many ethnic groups: the Aboriginal Australians of the mainland and many islands, including Aboriginal Tasmanians, Tasmania, and the Torres Strait Islanders of the seas between Queensland and Papua New Guinea, located in Melanesia. 812,728 people Aboriginality, self-identified as being of Aboriginal and/or Torres Strait Islander origin in the 2021 Australian Census, representing 3.2% of the total population of Australia. Of these Indigenous Australians, 91.4% identified as Aboriginal, 4.2% identified as Torres Strait Islander, and 4.4% identified with both groups. The term Aboriginal and Torres Strait Islander peoples or the person's specific cultural group, is often preferred, though the term ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Yolngu
The Yolngu or Yolŋu ( or ) are an aggregation of Aboriginal Australian people inhabiting north-eastern Arnhem Land in the Northern Territory of Australia. ''Yolngu'' means "person" in the Yolŋu languages. The terms Murngin, Wulamba, Yalnumata, Murrgin and Yulangor were formerly used by some anthropologists for the Yolngu. All Yolngu clans are affiliated with either the Dhuwa (also spelt Dua) or the Yirritja moiety. Prominent Dhuwa clans include the Rirratjiŋu and Gälpu clans of the Dangu people, while the Gumatj clan is the most prominent in the Yirritja moiety. Name The ethnonym Murrgin gained currency after its extensive use in a book by the American anthropologist W. Lloyd Warner, whose study of the Yolngu, ''A Black Civilization: a Social Study of an Australian Tribe'' (1937) quickly assumed the status of an ethnographical classic, considered by R. Lauriston Sharp the "first adequately rounded out descriptive picture of an Australian Aboriginal community." Norman ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Madayin
The Yolngu or Yolŋu ( or ) are an aggregation of Aboriginal Australian people inhabiting north-eastern Arnhem Land in the Northern Territory of Australia. ''Yolngu'' means "person" in the Yolŋu languages. The terms Murngin, Wulamba, Yalnumata, Murrgin and Yulangor were formerly used by some anthropologists for the Yolngu. All Yolngu clans are affiliated with either the Dhuwa (also spelt Dua) or the Yirritja moiety. Prominent Dhuwa clans include the Rirratjiŋu and Gälpu clans of the Dangu people, while the Gumatj clan is the most prominent in the Yirritja moiety. Name The ethnonym Murrgin gained currency after its extensive use in a book by the American anthropologist W. Lloyd Warner, whose study of the Yolngu, ''A Black Civilization: a Social Study of an Australian Tribe'' (1937) quickly assumed the status of an ethnographical classic, considered by R. Lauriston Sharp the "first adequately rounded out descriptive picture of an Australian Aboriginal community." Norman T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Native Title Act 1993
The ''Native Title Act 1993'' (Cth) is an act of 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 of Australia, High Court's decision in Mabo v Queensland (No 2) (1992).. The Act commenced operation on 1 January 1994. 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 c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freehold (law)
A freehold, in common law jurisdictions or Commonwealth countries such as England and Wales, Australia, Canada, Ireland, India and the United States, is the common mode of ownership of real property, or land, and all immovable structures attached to such land. It is in contrast to a leasehold, in which the property reverts to the owner of the land after the lease period expires or otherwise lawfully terminates. For an estate to be a freehold, it must possess two qualities: immobility (property must be land or some interest issuing out of or annexed to land) and ownership of it must be forever ("of an indeterminate duration"). If the time of ownership can be fixed and determined, it cannot be a freehold. It is "An estate in land held in fee simple, fee tail or for term of life." The default position subset is the perpetual freehold, which is "an estate given to a grantee for life, and then successively to the grantee's heirs for life." England and Wales Diversity of freeholds ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Radical Title
Radical title is a concept in English common law that refers to the Crown's underlying title to all land held in overseas plantations and colonies. It grants the Crown the power to alienate others from land and to transfer beneficial ownership of the land to itself or others, but by itself does not grant beneficial ownership. Australia While not the first time radical title was mentioned, the concept came to prominence in Australian law in the case of '' Mabo v Queensland (No 2)'', which recognised the existence of native title under Australian law. Radical title was used to explain how native title rights could co-exist with the doctrine of tenure, under which all rights to land ultimately derive from grants from the Crown and are not absolute. The court declared that on acquisition of sovereignty by the British in 1788, the Crown did not acquire beneficial ownership over all the land the country but a mere radical title to it.. This radical title did not extinguish native ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mabo V Queensland (No 2)
''Mabo v Queensland (No 2)'' (commonly known as the ''Mabo case'' or simply ''Mabo''; ) is a landmark decision of the High Court of Australia that recognised the existence of Native Title in Australia.. It was brought by Eddie Mabo and others against the State of Queensland, and decided on 3 June 1992. The case is notable for being the first in Australia to recognise pre-colonial land interests of Indigenous Australians within the common law of Australia. ''Mabo'' is of great legal, historical, and political importance to Aboriginal and Torres Strait Islander Australians. The decision rejected the notion that Australia was (i.e. owned by no one) 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 not been wholly lost upon colonisation. The Prime Minister Paul Keating during his Redfern speech praised the decision, saying it "establishes a fundamental truth, and lays the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Terra Nullius
''Terra nullius'' (, plural ''terrae nullius'') is a Latin expression meaning " nobody's land". Since the nineteenth century it has occasionally been used in international law as a principle to justify claims that territory may be acquired by a state's occupation of it. There are currently three territories sometimes claimed to be ''terra nullius'': Bir Tawil (a strip of land between Egypt and the Sudan), four pockets of land near the Danube due to the Croatia–Serbia border dispute, and parts of Antarctica, principally Marie Byrd 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 Oppenheim: "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 i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Queensland Government
The Queensland Government is the state government of Queensland, Australia, a Parliament, parliamentary constitutional monarchy. Government is formed by the party or coalition that has gained a majority in the Queensland Legislative Assembly, state Legislative Assembly, with the governor officially appointmenting office-holders. The first government of Queensland was formed in 1859 when Queensland separated from New South Wales under the Constitution of Queensland, state constitution. Since Federation of Australia, federation in 1901, Queensland has been a States and territories of Australia, state of Australia, with the Constitution of Australia regulating its relationship with the Australian Government, federal government. Queensland's system of government is influenced by the Westminster system and Federalism in Australia, Australia's federal system of government. Executive acts are given legal force through the actions of the governor of Queensland (the representative of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Rights
Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered inherent and inalienable, meaning they belong to every individual simply by virtue of being human, regardless of characteristics like nationality, ethnicity, religion, or socio-economic status. They encompass a broad range of civil, political, economic, social, and cultural rights, such as the right to life, freedom of expression, protection against enslavement, and right to education. The modern concept of human rights gained significant prominence after World War II, particularly in response to the atrocities of the Holocaust, leading to the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly in 1948. This document outlined a comprehensive framework of rights that countries are encouraged t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Paul Vout KC and Peter Willis SC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Hannah Canham * Roshan Chaile * Bora Kaplan * James McComish * William Newland * Jakub Patela * Stephen Puttick * Daniel Reynolds * Marcus Roberts * Alexander Solomon-Bridge * Ahmed Terzic * Julia Wang * Michael Wells * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
