The Case of Mabo V. the State of Queensland

Introduction On 3 June 1992 the High Court of Australia substantiate the curious rights in land for Aboriginal hoi polloi (Meyers & Mugambwa, 1993). The case of Mabo v. The extract of Queensland confirmed that Aboriginal raft have rights to land cognise as native title (Meyers & Mugambwa, 1993). With this in mind, Mabo was signly seen as a revolution, as it was the first time Aboriginal peoples were recognise as having rights to land. The juristic render that resulted however were complex and confound and for the most(prenominal) part turned out to be illusory. breeding go forth be provided to illustrate how the landmark decision of Mabo target a new precedent by rejecting the healthy illustration that Australia was free at the time of European settlement. Further, it will be illustrated how the issue of that decision did not provide anything of real nerve to original Australians as its legal effects were limited by the provisions set out in consequ ent legislation. Discussion Events leading to the decision of Mabo occurred long before the final decision was delivered and as such its history is one which is long and interesting (Meyers & Mugambwa, 1993).

In 1879 the Murray Islands, which are located in the Torres Strait, were annexed to the Queensland government which brought them under Queensland honor (Butt & Eagleson, 1993). These islands were inhabited by the Meriam people and had been even before sign European contact (Ratnapala & Stephenson, 1993). In 1982 the Meriam people, led by Eddie Mabo, began legal proceedings against the Queensland government by seeking a contract of nativ! e title over the Murray Islands (Meyers & Mugambwa, 1993; Ratnapala & Stephenson, 1993). They asserted in their follow through mechanism that the Murray Islands had been continually inhabited and possessed exclusively by the Meriam people and that the rights associated with traditional occupation and use of the Murray Islands were continually enjoyed by members of the Meriam people in the...If you want to get a abundant essay, coif it on our website: OrderCustomPaper.com

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