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Mabo Doctrine

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A section is the distinct and numbered subdivisions in legal codes, penal code, statutes, and textbooks as well. Under the Section 51 (xxix) of the Australian Constitution, is a subsection of the Section 51 of the Australian constitution and it states that the list of law making powers that can be exercise by both the Commonwealth Government and the State Governments. This gives that the Commonwealth Government Parliament the right to legislate laws with the county with the respect to external affairs.
The external Affairs powers is the area of government that covers Australia’s relationships with all foreign countries such as China, Unites States of America and India. The external Affairs powers as been used to expend the law making power …show more content…
This how the doctrine of Terra Nullius of Australia ended. On the 20th May 1982, Eddie Koiki Mabo and 4 other Indigenous Meriam people began their legal claim for the ownership of their native lands on the island of Mer in the Torres Strait which separates Australia and Papua New Guinea. Mabo and his associates claimed that the Meriam people had, continuously inhabited and exclusively possessed their lands, lived in permanent as settled communities, and also had their own political and social organisation. On these grounds, the Mabo case sought recognition of the Meriam people’s rights to this land. (ADD THE LEGAL DEATAILS OF TERRA …show more content…
It was claimed that the Meriam people of Murray Island (Mer) could prove continuous possession of the island. Although it was agreed that the Commonwealth Government had settled the islands in 1879, many of the people from Mer argued that their rights to ownership of the land had not been erased by British sovereignty. On 3rd June 1992, following a decade of judicial procedure, six of the seven presiding judges found that the Meriam people were entitled as against the whole world to possession, occupation, use and enjoyment of the lands of the Murray Islands. This judgement is commonly referred to as, ‘The Mabo Case.’ The Native Title Act 1993 has been enacted by Commonwealth Government of Australia as well as a part of response to the verdict.
Unfortunately, Eddie Mabo did not live to see the fruit of his life time commitment and passion as he passed away as he was diagnosed with cancer at the age of 56 on 21st January 1992. The Parliament has passed the Act in 1993. Thus, Mabo won the case.
The Mabo Case challenged two perspectives of the Australian legal system which was the British sovereignty over Australia surrendered the ownership of all land to the Crown and abolished any existing rights to land and also that the Aboriginal and Torres Strait Islander people had no concept of land ownership

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