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Did The Eddie Mabo Case Change Perspectives On Land Ownership In Australia?

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How Did the Eddie Mabo Case Change Perspectives on Land Ownership in Australia? The Eddie Mabo case, formally known as Mabo v Queensland (No 2), represents a pivotal moment in Australian legal history, fundamentally transforming perspectives on land ownership and Indigenous rights. Prior to this landmark decision, the concept of terra nullius, which denied the existence of pre-existing Indigenous land rights, dominated Australian legal and political discourse. This essay explores how the Mabo case challenged this notion, leading to a profound shift in legal and societal understandings of land ownership in Australia. Challenging Terra Nullius The term terra nullius, meaning "land belonging to no one," was a doctrine used by British colonizers …show more content…

Mabo and his co-plaintiffs argued that the land they had lived on for generations was rightfully theirs and had never been empty or unclaimed prior to European settlement (National Museum of Australia, n.d.). This argument was supported by extensive evidence of traditional land use, cultural practices, and historical records. The High Court Decision and Its Impact On June 3, 1992, the High Court of Australia delivered its historic ruling, rejecting the doctrine of terra nullius and recognizing the concept of native title. The court’s decision validated the Meriam people's connection to their traditional lands on the Murray Islands and acknowledged their rights under Australian law (National Museum of Australia, n.d.). This ruling was a groundbreaking shift from previous legal perspectives, which had failed to recognize the pre-existing rights of Indigenous Australians. The recognition of native title has several significant implications. It laid the foundation for the Native Title Act 1993, which provided a legal framework for Indigenous Australians to claim land rights (TheNativeTitleTribunal, n.d.). This legislation not only acknowledged but also protected the rights of Indigenous communities, enabling them to regain ownership of their traditional lands and participate in negotiations about land use and

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