The Mabo Decision
It would not be easy to persuade the High Court of Australia to reverse the two century old assumption that any pre-existing land rights of indigenous people were simply not an issue.
So how could a reversal be achieved without questioning the very basis on which Britain acquired sovereignty of this country? And how could it be achieved without throwing into question two centuries of government land grants?
Justice Brennan delivered what is regarded as the 'lead judgment' in the Mabo case; and he made it clear that the court was not free to adopt a principle in the interests of justice, if to do so would "fracture the skeleton of principle which gives the body of our law its shape and internal consistency".
Key ruling boosts blacks' land claims
Newspaper
Apr, 7, 1992
High Court judgement, Mabo Case, native title, native title claim
Mabo decision a victory over white arrogance
Newspaper
Jun, 4, 1993
Mabo Case, Mabo judgement, native title
Top judge backs Mabo
Newspaper
Jul, 2, 1993
Canberra, High Court Decision, 03/06/1992, Mabo Case, Mabo judgement, Mason, Chief Justice Anthony, Native Title Act (1993)
The Legacy Of A Tiny Island
Topic
Jun, 3, 1992
High Court Decision, 03/06/1992, Mabo, Edward Koiki, native title
The Skeleton Of Principle
Text
1992
Attorney-General (NSW) v Brown, 1847 , Australian Court Case, Brennan, Justice Gerard, Canberra, Common Law, crown land, doctrine of tenure, High Court judgement, High Court of Australia, High Court of Australia, Mabo judgement, Privy Council, Queensland Government, sovereignty
Ancient & Modern Ways
Topic
Great Barrier Reef, Mer, Murray Island, native title, reef, sea claims, sea rights, Subkaur Island
High Court Victory
Topic
Jun, 3, 1992
Australia, Canberra, death, High Court judgement, High Court of Australia, High Court victory, land ownership, Mabo, Edward Koiki, native title
Legislation In Australia After Mabo
Topic
1990s
indigenous people, land rights, Mabo Case, Mabo judgement, mining, native title, Native Title Act (1993), pastoralism, political reaction
The Benefits Of Native Title
Topic
1992-
Common Law, equality, human rights, indigenous people, Mabo judgement, national identity, native title, social justice
The Reshaping Of National Identity
Topic
1992-
backlash, decolonisation, indigenous people, national identity, native title, reconciliation
The High Court Decides!
Topic
Jun, 3, 1992
High Court of Australia, Mabo judgement, Mabo v Queensland No.2
Terra Nullius & Australia
Topic
crown land, dispossession, doctrine of tenure, First Fleet, land rights, resistance, terra nullius
The Mabo Case
Topic
1982-1992
High Court of Australia, International law, Mabo Case, Mabo, Edward Koiki, terra nullius
