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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] |
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] |
The Crown
The Crown is a political concept used in Commonwealth realms. Depending on the context used, it generally refers to the entirety of the State (polity), state (or in federal realms, the relevant level of government in that state), the executive government specifically or only to the monarch and their Viceroy, direct representatives. The term can be used to refer to the rule of law; or to the functions of executive (government), executive (the Crown-King-in-Council, in-council), legislative (the Crown-in-parliament), and judicial (the Crown on the bench) governance and the civil service. The concept of the Crown as a corporation sole developed first in the Kingdom of England as a separation of the physical crown and property of the kingdom from the person and personal property of the monarch. It spread through English and later British colonisation and developed into an imperial crown, which rooted it in the legal lexicon of all 15 Commonwealth realms, their various dependencies, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Title (property)
In property law, title is an intangible construct representing a bundle of rights in a piece of property in which a party may own either a legal interest or equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document, such as a deed, that serves as evidence of ownership. Conveyance of the document (transfer of title to the property) may be required in order to transfer ownership in the property to another person. Title is distinct from possession, a right that often accompanies ownership but is not necessarily sufficient to prove it (for example squatting). In many cases, possession and title may each be transferred independently of the other. For real property, land registration and recording provide public notice of ownership information. '' Possession'' is the actual holding of a thing, whether or not one has any right to do so. The '' right of possession'' is the legitimacy of possession (with or wi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Overseas Possessions
The English overseas possessions comprised a variety of overseas territories that were colonised, conquered, or otherwise acquired by the Kingdom of England before 1707. (In 1707 the Acts of Union 1707, Acts of Union made England part of the Kingdom of Great Britain. See British Empire.) The first English overseas settlements were established in Ireland, followed by others in North America, Bermuda, and the West Indies, and by trading posts called "Factory (trading post), factories" in the East Indies, such as Bantam (city), Bantam, and in the Indian subcontinent, beginning with Surat. In 1639, a series of English fortresses on the Indian coast was initiated with Fort St. George (India), Fort St George. In 1661, the marriage of Charles II of England, King Charles II to Catherine of Braganza brought him as part of her dowry new possessions which until then had been Portuguese Empire, Portuguese, including English Tangier, Tangier in North Africa and Mumbai, Bombay in India. I ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alienation (property Law)
In property law, alienation is the voluntary act of an owner of some property to convey or transfer the property to another. Alienability is the quality of being alienable, i.e., the capacity for a piece of property or a property right to be sold or otherwise transferred from one party to another. Most property is alienable, but some may be subject to restraints on alienation. Some objects are now regarded as ineligible for becoming property and thus termed inalienable, such as people and body parts. Aboriginal title is one example of inalienability (save to the Crown) in common law jurisdictions. A similar concept is '' non-transferability'', such as tickets. Rights commonly described as a '' licence'' or permit are generally only personal and are not assignable. However, they are alienable in the sense that they can generally be surrendered. In England under the feudal system, land was generally transferred by subinfeudation, and alienation required license from the ov ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Law
The legal system of Australia has multiple forms. It includes a written constitution, unwritten constitutional conventions, statutes, regulations, and the judicially determined common law system. Its legal institutions and traditions are substantially derived from that of the English legal system, which superseded Indigenous Australian customary law during colonisation. Australia is a common-law jurisdiction, its court system having originated in the common law system of English law. The country's common law is the same across the states and territories.. The Australian Constitution sets out a federal system of government. There exists a national legislature, with a power to pass laws of overriding force on a number of express topics. The states are separate jurisdictions with their own system of courts and parliaments, and are vested with plenary power. Some Australian territories such as the Northern Territory and the Australian Capital Territory have been granted a region ... [...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] |
Native Title In Australia
Native title is the set of rights, recognised by Australian law, held by Aboriginal and Torres Strait Islander groups or individuals to land that derive from their maintenance of their traditional laws and customs. These Aboriginal title rights were first recognised as a part of Australian common law with the decision of '' Mabo v Queensland (No 2)'' in 1992. The doctrine was subsequently implemented and modified via statute with the '' Native Title Act 1993''. 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 and sovereignty to the land by the Crown. Native title can co-exist with non-Aboriginal proprietary rights and in some cases different Aboriginal groups can exercise their native title rights over the same land. The Federal Court of Australia arranges mediation in relation to claims made by Aboriginal and Torres Strait Islander peoples, an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Land Tenure
In Common law#History, common law systems, land tenure, from the French verb "" means "to hold", is the legal regime in which land "owned" by an individual is possessed by someone else who is said to "hold" the land, based on an agreement between both individuals. It determines who can use land, for how long and under what conditions. Tenure may be based both on official laws and policies, and on informal local customs (insofar higher law does allow that). In other words, land tenure implies a system according to which land is held by an individual or the actual farmer, tiller of the land but this person does not have legal ownership. It determines the holder's rights and responsibilities in connection with their holding. The sovereign monarch, known in England as the Crown, held land in its own right. All land holders are either its tenants or sub-tenants. ''Tenure'' signifies a legal relationship between tenant and lord, arranging the duties and rights of tenant and lord in r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sovereignty
Sovereignty can generally be defined as supreme authority. Sovereignty entails hierarchy within a state as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate authority over other people and to change existing laws. In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. In international law, sovereignty is the exercise of power by a state. ''De jure'' sovereignty refers to the legal right to do so; '' de facto'' sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that ''de jure'' and ''de facto'' sovereignty exist at the place and time of concern, and reside within the same organization. Etymology The term arises from the unattested Vulgar Latin *''superanus'' (itself a derived form of Latin ''super'' – "over") meaning "chief", "ruler". Its spellin ... [...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] |
