Mabo has been said to a cornerstone of the Australian legal system. Your response must discuss the following:
1. Discussion of the Mabo (No 2) case 2. Explain the impacts of the case on the Australian legal system 3. Explain the shortfalls of the current legal system with regards to Native Title 4. Discuss the future of Native Title
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The doctrine of terra nullius is a Latin term which means nobody’s land. This principle of terra Nullius is used in the context of international law to describe any territory that may be acquired by the state. In Australia the English laws are imported in accordance with the aforementioned doctrine. It was further held by the court of Australia in relation to the Mabo vs Queensland case that the English laws will not be applied n circumstances where it is established that and was uninhabited or barren. The judgment of this landmark case gave effect to the customary laws which had been present at the time of settlement and had survived the reception of the English Law (Grace, 2015). The aforementioned act brought in action a system of making land grant on trust for all the indigenous inhabitants of the Torres strait and Aboriginals. However, the Mer Islanders refused accept such land grant. The plaintiffs Eddie Koiki Mabo, Reverend David Passi, Celuia Mapoo Salee, Sam Passi and James Rice claimed native title to the Murray Islands. The chief justice Sir Harry Gibbs referred to the case for hearing in the Supreme Court on 27th February 1986 for the purpose of determining the facts of the case. The Supreme court judge who head the case was Justice Moynihan. This case was withheld when Eddie Mabo and the people of Meriam islands brought to the high court of Australia a second case challenging the constitutional,
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