NATIVE TITLE: THE DECLARATION OF TERRA NULLIUS Introduction This essay will discuss the declaration of Terra Nullius and what it implied for white settlement of Australia. Furthermore it will explain the High Court’s decision in the Case of Eddie Mabo vs. The State of Queensland. It all began when Australia was conquered under the doctrine of Terra Nullius. Terra nullius can be interpreted as an absence of civilized society. This declaration only gave a mandate for white settlement of Australia
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Developing an interpretation There is no single correct reading of a text‚ nor is one reading more valid than another. Different interpretations arise from different responses to a text. An interpretation is more than an ‘opinion’ – it is the justification of your point of view using relevant examples or evidence from the text to support it and strengthen it. ‘The meaning happens as the text is read and reflected upon’ The world of the director‚ the world of the text and the world of the reader
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Discuss why Aboriginal deaths in custody happened and the importance of the Royal commission. In the late 20th century‚ Australia?s indigenous peoples were 29 times more likely to be put in jail than other Australians; 20 times more likely to be picked up by the police; less likely to receive bail or have legal representation in the court; and more likely to plead guilty. At the same time‚ indigenous peoples were less likely to be called up for jury duty than other Australians. The Aboriginal Legal
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lesser extent‚ armed force. First contacts were relatively peaceful but Aboriginal people and their culture was strange to the Europeans as well as their plants and animals. Consequently‚ Terra Nullius continued on for over 200 years. Figure 1: Eddie Mabo Figure
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previously encounter. It wasn’t until Eddie Mabo took his case to court in 1981 stating that the Meriam tribe had “cultivated” the earth and there for Terra Nullius should never had been declared as cultivation is a clear sign of inhabitance and ownership of land. The Mabo cause showed that not only did tribes own and cultivate land but areas where also more privately cultivated and owned by families and individuals with clear property boundaries. In regard to the Mabo case the declaration of Terra Nullius
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Legal essay Human rights are protected under Australian law in three key ways; statute law‚ the constitution and common law. It could be argued that if Australia adopted a bill of rights‚ human rights would be more clearly defined‚ consistent in all states and territories and more easily understood. Human rights are protected in Australia through statute law. Statute law refers to laws made by parliament‚ also known as legislation. Moreover statute laws set up administrative bodies whose responsibility
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Introduction Law is an arrangement or a system of principles that are upheld through social organizations to oversee conduct. (Robertson‚ Crimes against humanity ‚2013‚ 90).Laws can be made by an aggregate council or by a solitary administrator‚ bringing about statutes‚ by the official through declarations and regulations‚ or by judges through binding precedent ‚ normally in common jurisdictions.
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influence with their differing methods and used it as a way of creating change. Such activists can be seen establishing change within their countries of Australia and America. From Australia‚ influential activists are displayed through the actions of Eddie Mabo and Charles Perkins whilst in America Martin Luther King and Malcolm X stirred up change that would revolutionise America. Change can only be conceived through the opening of one’s actions and their methods provide different elements of effectiveness
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‘terra nullius’ claim were by aboriginal activists challenging Australian sovereignty on the grounds that terra nullius was applied improperly. Mechanisms that have been put into action are the Native Title Act 1993 (Cwlth) which was enacted by the Mabo cases and the Native Title Amendment 1998 (Cwlth) by the Wik case. When the British declared Australia as ‘terra nullius’ it impacted the Indigenous Australians as land belonged to the Crown and they lost all rights to their land. It was unjust as
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surrounding Indigenous Australians land rights claims from the mid-1980s onwards. He then goes on to discuss that the law surrounding land always adhered to the principles of Governor Bourke’s’ Proclamation‚ until the landmark decision handed down in the Mabo case. However‚ he concludes that in regard to political climate little else has been done in the advancement of land rights’ legislation in regard to the Indigenous Australian population. He also provides a comparison between how Australia and Canada
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