The Mabo Case And Its Effects On The Legal System In Australia

In 1982 Eddie Mabo went to court to challenge the law of terra nullius and take back his people right to the land. This particular case was taken to the high court. Mabo’s argument was that indigenous people owned land prior to the law of terra nullius being put into action. The high court finally came to a decision to overturn the law of terra nullius on the 3rd of June 1992. However this decision came with a consequence, that of which was that many people did not believe that the high court had the authority to overturn the law of terra nullius and that a decision of this caliber was to left to parliament. However the high court have all the rights and power to reconsider common law which was exactly the case in this situation.

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The high court was allowed to do this as it within their rights and power. The Mabo case had many effects on the legal system in Australia. Some of these affects are; frantic legislative activity, intense political debate and a vast amount of media and academic attention. The case completely changed the legal, political and social relations between indigenous and non-indigenous people. It also recognised the land rights of the Murray islanders and changed Australia

One of the reason that the mining industry was so greatly affected by this was because the law did not state whether or not the new indigenous land owners were then also granted ownership over the minerals that were on particular areas of land, and whether or not they gained the rights to mine or not. The new Mabo law also had an effect on the Australian economy. The reason the Mabo ruling effected the economy of Australia was linked back to the issue on mining as now that the land belonged to the indigenous Australians there would be profit loss. This was because there were expensive minerals that were supposed to be mined and sold however the new owners of the land had no interest in doing this and therefore effected Australia’s