Mabo Case - 1357 Words

Legal studies-Law Reform Legal studies-Law Reform The Australian Legal System response to the Mabo case has changed greatly ever since the first time it was introduced. Many different acts were introduced and/or amended as a result of this case. The effectiveness of the law and the law reform in protecting the rights of individual and society at large is demonstrated throughout this essay. Eddie Koiki Mabo was born on Murray Island in 1936 and was an Indigenous Australian. In 1974, during a conversation with two academics, Mabo became aware to the fact that his family did not own their traditional lands and that it was, in law, owned by the Crown. The Queensland Government wanted to remove any doubt that the Meriam people had total†¦show more content†¦The Mabo decision ended the idea of terra nullius in relation to Australia, when it recognised the Meriam people as the owners of the Murray Islands. It also opened the door for other Indigenous groups to be able to claim ownership of land that they could prove a continuous connection with. Unfortunately Eddie Mabo had died of cancer in February 1992, just 4 months before this historic high court ruling that would change Australian land law. The judgement was so historic because it completely overturned the idea of terra nullius and said that native title survived in many places, even though the land had been t aken by the Crown. With Terra Nullius distinguished, it proved the point that Murray Islands first inhabitants were in fact the Meriam people. With the Mabo case being successful many other cases came about for example Wik Peoples v. The State of Queensland (also known as the Wik Decision). It is a decision of the High Court of Australia in December 1996, regarding the right of access by the Wik peoples of Cape York Peninsula in North Queensland to Crown land held under pastoral leases for cattle grazing. The court decided (4 judges to 3) that the rights of indigenous people who can prove a connection to the land can coexist with the rights of the pastoralists, but where there is any inconsistency between the two, the rights of the pastoralist will prevail. In other words, pastoral leases do not automaticallyShow MoreRelatedCase Study Mabo/Essay Federalism2851 Words   |  12 Pages within a national system whilst still retaining their independence (AUSTRALIANPOLITICS.COM, 2011). In this essay it will be discussed that the ‘Mabo Decision’ and the implementation of the Native Title Act, 1993, is an example of this and will be analysed whilst unearthing the challenges and benefits which were exhumed within this historical test case, whilst explaining the impact of the High Court Ddecision. The Australian system of government is a federal system incorporating characteristicsRead MoreMabo V Queensland : An Australian Landmark Case1168 Words   |  5 Pages‘Mabo V Queensland’ was an Australian prominent landmark case which began in 1982 in the High Court of Australia. This case is commonly referred to as just ‘Mabo’. This case was taken to the High Court as a test case to establish Aboriginal’s land rights including their ownership. A test case is a case that establishes new legal rights or principals. In this case, the concept of terra nullius was also challenged. Terra Nullius means ‘empty land’. The concept of terra nullius meant that AustraliaRead MoreEddie Mabo Essay1286 Words   |  6 Pagesindigenous people. The most respected and recognised of these is Eddie Mabo, a Torres Strait Islander. Mabo stood up for the rights of his people from a very young age all the way to his death, in order to generate changes in the policies and laws of the government. Mabo battled for his right to own the land which he had inherited from his adoptive father, a fight which was resolved only after his demise. Despite this, Eddie Mabo became one of the key influential figures in the Aboriginal rights movementRead MoreMabo Film Analysis1940 Words   |  8 PagesTV film, ‘Mabo’. Released in 2012, Australian Broadcasting Corporation and Blackfella films have created a film that reflects the trials and tribulations Indigenous and torres strait islanders had to face. Rachel Perkins, Director of the film ‘Mabo’ helps us recognise the special connection, Aboriginals and Torres strait islander people have with their land. So Bella or Sarah, can you please give us a brief understanding of the film? Bella or Sarah : Yes sure Sharon, Edward Koiki Mabo, was MeriamRead MoreIndigenous Speeches: Exploration of the Mabo Case, Stolen Generation and Reconciliation1822 Words   |  8 PagesExploration of the Mabo Case, Stolen Generation and Reconciliation Both Keating’s and Rudd’s speeches are firmly based on the ideas of recognition and reconciliation for the wrongs that European settlers, and their decedents, have inflicted on Indigenous Australians. To explore this idea I believe that it is necessary to take a closer look at both the plight of Eddie Mabo and the stories of the Stolen Generation. The Mabo Case Eddie Mabo is widely known for his plight to regain land rights forRead MoreThe reconciliation of the Indigenous, has played a significant part in the history of Australia and600 Words   |  3 Pagesplayed a significant part in the history of Australia and the lives of many Indigenous Australian’s including Eddie Mabo. Eddie Mabo has been actively involved in Indigenous rights and reconciliation between 1981 and his death in 1992. Reconciliation has been an important part of Australia’s history as it has impacted many generations of Indigenous Australian’s throughout history. Eddie Mabo has played a significant role in the process of reconciliation between Indigenous Australians and the AustralianRead MoreMabo eal822 Words   |  4 Pagesï » ¿The film Mabo demonstrates the importance of family in Eddie Mabos struggle for land rights. The story film Mabo, in leading up to its supportive and motivated revolution in Australias history, is assist by Eddies family determination to win Eddie Mabos land rights case and thus restore justice to indigenous people. The foundations of his familial and social assitance can be seen in his encounter with white authority and his later involvement in the union movement, as well as his role asRead MoreEddie Mabo: Fighting for Indigenous Land Rights in Australia732 Words   |  3 Pagesnon-indigenous people in many different and inspirational ways. Eddie Mabo was a moving man that, from his works has changed the lives of many aboriginal/indigenous people today. I believe that Eddie Mabo has influenced modern society with his beliefs and values of the Indigenous people and their rights. Eddie Mabo fought for the rights of the people of Mer Island, so they would not lose their home, memories and life. Eddie Mabo has had such an impact on today’s society for indigenous people and theRead MoreMabo Decision : Queensland Government1414 Words   |  6 PagesMabo Decision The case of Mabo decision with Queensland government was one of the most significant legal case in Australia, which recognised the land rights and the original ownership of Murray islanders in the Torres Strait. It was acting by Murray islanders and the High Court upheld. Based on the successful legal case, there are some key issues in the process for Indigenous’ land rights, which were changed in Australia law and affect future rulings in Australia, such as the Native Title rulingRead MoreEddie Mabo is not only a hero of the film Mabo? Essay712 Words   |  3 PagesIn the film , the director Rachel Perkin demonstrate us that Eddie Mabo is a hero . He commit himself fully to fight tirelessly for aboriginal rights of land. In the process , Eddie Mabo get much support by his wife, his lawyers, his friends. These people sacrifice something and bear pressure for supporting Eddie Mabo. So these people also are heroes. Meanwhile , Australia government also is anti-hero, the governm ent admit the mistake and reconcile with aboriginals and apology. Nera . Eddie Mabo’s