Essay on "Mabo Case a Lesson"

Essay 6 pages (2155 words) Sources: 6 Style: APA

[EXCERPT] . . . .

Yet the essays does also show that the High Court was unsuccessful in tackling the problem head on, and that, as always, there is much more work to be done, especially in the foundations of native law in Australia.

In order to address the foundations of native law in Australia, and its ramifications in accordance with the Mabo case, the last paper to be examined here, in order to give validation to the above thesis statement, is that of Lisa Strelein. This author describes "the history of the doctrine of discovery in Australia as a background to the delayed recognition of Indigenous rights in lands and resources […] and the way the Mabo decision sought to reconcile the recognition of rights with the protection of the interests of the state."

Due to the latter part of the above statement, it is thus clear that the Mabo case was in no way indicative of the righteousness or the fairness with which native peoples ought to be treated, and Strelein does aim to show that native law was, in many ways indicative of discriminatory practices.

This paper has discussed the result of the Mabo v. Queensland decision, and has offered both practical and academic commentary upon the results of this decision with an aim to prove that the results of the case, and its judgment, were not as successful as it once seemed.

Abstract:

The paper discussed here focuses on the Mabo v. Queensland case. This case was an important legal precedent for the Aboriginal population of Australia. The paper examines the case in detail, and develops an argument on the ramifications thereof, with a specific focus as to how they have hindered progress in this arena and how they have failed to deliver on the judgment rendered by the case in 1992.

Works Cited:

1. Amankwah, H.A. (1994). Mabo and international law. Race and Class (35:57). Retrieved Janaury 12, 2012.

2. Howitt, R. (2006). Scales of Coexistence: Tackling the Tension between the Legal and Cultural Landscapes in Post-Mabo Australia. Macquarie Law Journal (6). Retrieved January 12, 2012.

3. No Author. (2012). Mabo v. Queensland. Convict Creations. Retrieved January 12, from .

4. Pelczynski, S. (2012). The High Court Recognition of Native Title - The Mabo Judgment and Its Implications. Action for Aboriginal Rights. Retrieved January 12, from .

5. Secher, U. (2007). The high court and recognition of native title: distinguishing between the doctrines of Terra Nullius and 'desert and uncultivated'. University of Western Sydney Law Review (11). Retrieved January 12, 2012.

6. Strelein, L. (2005). From Mabo to Yorta: Native Title Law in Australia. Journal of Law and Policy (19:225). Retrieved January 12, 2012.

Pelczynski, S. (2012). The High Court Recognition of Native Title - The Mabo Judgment and Its Implications. Action for Aboriginal Rights. Retrieved January 12, from .

Pelczynski, P1.

Pelcyznski, P1.

Pelczynski, P1.

No Author. (2012). Mabo v. Queensland. Convict Creations. Retrieved January 12, from .

Mabo v. Queensland, P1.

Mabo v. Queensland, P1.

Secher, U. (2007). http://go.galegroup.com.libraryproxy.griffith.edu.au/ps/retrieve.do?sgHitCountType=None&sort=DA-SORT&inPS=true&prodId=LT&userGroupName=griffith&tabID=T002&searchId=R14&resultListType=RESULT_LIST&contentSegment=&searchType=AdvancedSearchForm&currentPosition=4&contentSet=GALE%7CA225938632&docId=GALE%7CA225938632&docType=GALE&role="?

The high court and recognition of native title: distinguishing between the doctrines of Terra Nullius and 'desert and uncultivated'?.

http://go.galegroup.com.libraryproxy.griffith.edu.au/ps/aboutJournal.do?pubDate=120070101&actionString=DO_DISPLAY_ABOUT_PAGE&inPS=true&prodId=LT&userGroupName=griffith&searchType=AdvancedSearchForm&docId=GALE%7C5LTG

Howitt, R. (2006). Scales of Coexistence: Tackling the Tension between the Legal and Cultural Landscapes in Post-Mabo Australia. Macquarie Law Journal (6). Retrieved January 12, 2012.

Amankwah, H.A. (1994). Mabo and international law. Race and Class (35:57). Retrieved Janaury 12, 2012.

Strelein, L. (2005). From Mabo to Yorta: Native Title Law in Australia. Journal of Law and Policy (19:225). Retrieved January 12, 2012. READ MORE

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