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The Pivotal Case Of Mabo V. Queensland (No. 2)

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The pivotal case of Mabo v Queensland [No.2] constitutes a significant shift in Australian law, authorising a new version of history that recognises Indigenous land rights and uses historical evidence to justify legal decisions. Utilising law and history reshaped legal history and redefined legal doctrines, notably with Indigenous land rights and how it overturned the doctrine of terra nullius. The 'Mabo' case, decided in 1992 by the High Court of Australia, challenged this doctrine by affirming Indigenous land rights, specifically on Eddie Mabo's claim to Murray Island. The essay ventures into the breakdown of the case decision. Looking at how it utilised historical evidence, its connection to legal precedent and sovereignty, and its reshaping …show more content…

417. Idem, p. 422. Ibid. P88, J. 1 et al. However, while it recognised history and connection to land, it was limited in scope. (https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/pops/pop22/c03). The legal acknowledgment mainly focuses on land rights and title, implying that it neglected broader aspects of culture, sovereignty, and governing systems. There comes a risk of essentialising Indigenous identity and not fully recognising the complexity of culture and history, as the case framed Indigenous history into the problem of land ownership. (https://www.theage.com.au/opinion/a-judgment-that-changed-australia-20020609-gdua7g.html). Mabo recognised the inconsistencies between the Queensland Coast Islands Declaratory Act 1985 seeking to rid any pre-existing rights of the land which proved to conflict with section 10(1) of the Racial Discrimination Act (1975) (Cth). Page 84, Journal 1). Acknowledging this, allowed for the authorisation of an inclusive and accurate representation of Australian history. The Mabo decision significantly impacted sovereignty and legal precedent by challenging Crown authority and reshaping Australian law with recognition of native title …show more content…

( https://www.mabonativetitle.com/nt_30.shtml#::text=Mabo%2FNative%20Title%2FAn%20Expression%20Of%20Sovereignty&text=The%20recognition%20of%20native%20title,the%20authority%20of%20the%20state). The High Court held that the common law recognised native title, however, did not disrupt the position of the Crown as sovereign. The Native Title Act (1993) set out how native title rights 'are to be recognised and protected', (https://www.crownland.nsw.gov.au/protection-and-management/aboriginal-land-rights-and-native-title/native-title#::text=Native%20title%20is%20the%20name,to%20be%20recognised%20and%20protected.) claiming if native title were granted, it gave ownership (https://www.commonground.org.au/article/the-mabo-decision-and-native-title). The power to extinguish interests in land is a fundamental ideal of sovereign authority. Mabo decision, pages 33-34, 46, Page 161,

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