How Did The Constitution Unite Australia

How Did The Constitution Unite Australia
Since the time of the first fleet until now, Australian law has been divided between two types of
Australians, the settlers and the indigenous. Since the time of the first fleet, the settlers put into
place English law to rule the land known as Australia and make laws on the rights of the people, the
indigenous and the land. Since then, Australian law has come a long way in the development of a
fairer constitution and enacting laws for the indigenous to close the gap between them and the
settlers.
There has been many landmark rulings in the fight for equality for the indigenous community,
including the case of Mabo and the case of Wik, all of which will be discussed further on. The
Australian Constitution was expected to unite Australia under the first and ... Show more content on
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The Australian Constitution likewise explicitly victimised Aboriginal and Torres Strait Islander
people groups. The Australian Constitution did not – and still does not – make satisfactory
procurement for Australia's first peoples. In the fight for recognition, the Indigenous Australians
have managed to win landmark cases, as mentioned above, to place themselves in the constitution
and close the gap.
In the case of Mabo v Queensland 1992, it was a case on whether the Meriam people had customary
and traditional rights in the land the Murray Islands, and whether or not the Australian law protected
those rights.
It was held by the High Court of Australia that the Meriam people were entitled to the possession,
use and occupation and enjoyment of the land of the Murray Islands. Through this landmark case,
the recognition of the Indigenous people was finally acknowledged, removing the original doctrine
that Australia was terra nullius at the time of the first
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Aboriginal Land Rights Case Study
1) Government policies of ATSI peoples include:
White Australian Policy – 1901 – tried to ban all Caucasian people from entering the country
Western Australia Aborigines Act – 1905 – this made the Chief prosecutor the legal guardian of
half–caste children under the age of 16
NSW Aborigines Protection Act – 1909 – introduced to public schools
Assimilation Policy – 1937 – Aboriginal people are assimilated into the white society
Stolen generations – 1910–1970 – children were forcibly removed from their families
Aboriginal Integration Policy – 1965 – introduced to give Aboriginal people more control of their
lives and society
Citizenship – 1967 – ATSI peoples gain citizenship
Aboriginal Land Rights – 1976 – Aboriginal people gained rights to their land
Native Title Act – 1993
2) ... Show more content on Helpwriting.net ...
The Native Title Act was created so that Aboriginal people could consult to determine recognition of
Aboriginal peoples' connection with their land. The Act has created a separation within Aboriginal
societies as it is usually misinterpreted. The party bringing forward a case of native title must be
able to prove the ongoing connection to the land that they are claiming for. This is extremely hard to
do therefore many cases aren't successful. An obligation of the Act is that the claimants must prove
a continuity of traditional laws and customs on the land that is being claimed since European

Research Paper On Captain Matthew Flinders
Captain Matthew Flinders (16 March 1774 – 19 July 1814) was one of the most successful
navigators and cartographers of his age. In a career that spanned just over twenty years, he sailed
with Captain William Bligh, circumnavigated Australia and encouraged the use of that name for the
continent. He survived shipwreck and disaster only to be imprisoned for violating the terms of his
scientific passport by changing ships and carrying prohibited papers. Matthew Flinders carried out
several important and daring voyages of discovery along coastal portions of the land now known as
Australia. Additionally he was first to prove that the eastern and western sections of Australia were
connected, and his work gave the map of Australia its present ... Show more content on
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Flinders first trip to Port Jackson was in 1795 as a midshipman aboard HMS Reliance, carrying the
newly appointed Governor of New South Wales Captain John Hunter. In March 1800, Flinders
rejoined the Reliance which set sail for England. Flinders reached Cape Leeuwin on 6 December
1801, and proceeded to make a survey along the southern coast of the Australian mainland. On 8
April 1802 while sailing east Flinders sighted the Géographe, a French corvette commanded by the
explorer Nicolas Baudin, who was on a similar expedition for his government. Both men of science,
Flinders and Baudin met and exchanged details of their discoveries, at what would later be named
Encounter Bay. Proceeding along the coast, Flinders explored Port Phillip, which unbeknownst to
him had been discovered only 10 weeks earlier by John Murray aboard the Lady Nelson. With
stores running low, Flinders proceeded to Sydney, arriving 9 May 1802. Having hastily prepared the
ship, Flinders set sail again on 22 July, heading north and surveying the coast of Queensland. From
there he passed through the Torres Strait, and explored the Gulf of Carpentaria. During this time, the
ship was discovered to be badly leaking, and despite careening, they were unable to affect the
necessary repairs. Reluctantly, Flinders returned to Sydney, though via the western coast,
completing the

Between Martin Luther King Jr And Edward Kodiki Mabo
Martin Luther King compared to Eddy Marbow The causes which Martin Luther King Jr and
Edward Koiki Mabo were fighting for were similar in that they both wanted equality for races which
were being mistreated. Edward Koiki Mabo was born in 1936 growing up in an era of time where he
wasn't accepted for his race. He was born on Mer (Murray Island) and was adopted by his uncle and
Aunty after his father died. Martin Luther King Jr was born in 1929 and grew up fighting many of
the same battles as Mabo. His fight for freedom and equality for African Americans in America
started with his father when he was very young. In 1937, a clergyman whose name was Martin
Luther King Sr and his eight year old son walked into a shop to buy the child some new shoes. The
shop assistant refused to serve them unless they moved to the back of the store where the other
customers couldn't see them. The father was unmoving stating that they will either be served in the
front of the store or they will not buy shoes at all. After the shop assistant refused to sell them the
shoes they left. The father muttering " I don't care how long I have to live with this system, I am
never going to accept it. I will oppose it till the day i die." Around the world, in Australia, things
were just as bad, people were being mistreated and denied basic rights due to their race. ... Show
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The court case consisted of the Queensland government passing an act and trying to pass a law
which prevented Aboriginal people, from claiming native title. Native title in Australia being the
government recognising the traditional connection that the Indigenous people have with the land
and waters. Mabo eventually won this case, the result not being that they could claim native title but
that the possibility was

Mabo Film Analysis
Panel Tv Show
Sharon: Good Morning Brisbane. Your back today with your very own host, Sharon Samuel, and
today I am joined with the Indigenous rights and cultural experts, Bella Simmons and Sarah Nel.
Today on Aboriginal affairs, we will be exploring the representations of Aboriginal and Torres Strait
Islander people within the Australian docudrama TV film, 'Mabo'. Released in 2012, Australian
Broadcasting Corporation and Blackfella films have created a film that reflects the trials and
tribulations Indigenous and torres strait islanders had to face. Rachel Perkins, Director of the film
'Mabo' helps us recognise the special connection, Aboriginals and Torres strait islander people have
with their land. So Bella or Sarah, can you please ... Show more content on Helpwriting.net ...
Perkins represented a strong connection between 'Mabo' and his land. To introduce the film, Perkins
used a wide–angled photographic image of the mountainous land and the vastness of the sea to
capture the beauty of the land as well as '' Land is Me'' attitude of the Murray Islanders. To Mabo,
the land is not just a territorial piece of physical land but was a place of cultural, spiritual origin and
pride.
Culture
Bella or Sarah :Yes, I completely agree. The producers, Darren Dale and Miranda Dear depict the
relationship between the Torres straits and their love towards the land through various film
techniques to accentuate cultural difference. The establishing shot at the beginning of the film were
flashbacks of Eddie and , his Uncle who acted as his adopted Father, walking along the beach of
Murray Island while he spoke to Eddie. "Everything here is yours, this is who you are", This
statement clearly highlights the Torres Strait Islanders strong connection with the land and sea. To
emphasise this statement, Perkins used bird 's eye view close up shots to represent how young Eddie
was when his father started to ingrain cultural identity to him . While this is happening, Rachel
Perkins has chosen cultural indigenous music in the background, to reinforce Mabo's cultural
identity in the Meriam people.
Sharon: Yes I believe Cultural identity is continually established throughout this movie. During
tough times, when the case is

Social And Political Issues In The 1970s
Discuss why Aboriginal deaths in custody happened and the importance of the Royal commission.
In the late 20th century, Australia?s indigenous peoples were 29 times more likely to be put in jail
than other Australians; 20 times more likely to be picked up by the police; less likely to receive bail
or have legal representation in the court; and more likely to plead guilty. At the same time,
indigenous peoples were less likely to be called up for jury duty than other Australians. The
Aboriginal Legal Service (1970–97) provided access to legal advice and assistance for people who
could not have otherwise afforded it, but it could do little to overcome injustices indigenous
Australians suffered under the Australian legal system.
Government ... Show more content on Helpwriting.net ...
Other ongoing problems were the failure of prison staff to provide adequate medical care for these
prisoners and the inability of police to identify the particular cultural factors which may have placed
these prisoners at greater risk.
? The role and significance of the Tent embassy In 1971, The Aboriginal Advancement League
asked the United Nations to support its claims for land rights and compensation. Protestors
pressured State and Federal Governments to respond to the injustices of indigenous peoples having
been disposed of their land. On 26 January 1972, the Liberal Party Prime Minister, William
McMahon, announced that ?land rights would threaten the tenure of every Australian?. He said that
his government would grant neither land rights not compensation to Australia?s indigenous peoples.
They could lease land but only for what his government considered worth while economic or social
purposes. McMahon also said also said that his government would allow mining on Aboriginal
reserves.
That afternoon four Aboriginal activists ? Michael Anderson, Tony Coorey, Billy Craigie and Gary
Williams ? came up with a daring scheme to express anger at the prime minister?s attitude. They set
up an Aboriginal embassy in a tent on the lawns of Parliament House in Canberra. Australia?s
indigenous peoples united in their support for the Aboriginal Tent Embassy and the land rights issue
it sought to publicise.
The

Eddie Mabo Research Paper
Eddie Mabo–civil rights activist
The fighting of World War Two saw numerous atrocities against not only human rights but also
indigenous rights. This dark chapter in history inspired the formation of the United Nations which
created a list of things that humans are entitled to, called the Universal Declaration of Human
Rights. Despite this Aboriginal people in Australia did not enjoy the same rights and freedoms as
many white Australians. Aboriginal people were denied the right to own land, reproduce and the
right to be paid for work. Eddie Mabo played a significant role in improving the civil rights
movement for Aboriginal and Torres Strait Islanders by fighting for Indigenous land rights against
the high court of Australia.
Eddie Mabo was born on the 29th of June 1936 on Murray Island. He was born with the name Eddie
Koiki Sambo but later changed it to Mabo when he was adopted by his uncle Benny Mabo. Mabo
attended primary education on the ... Show more content on Helpwriting.net ...
This is when I believe he was inspired to become a civil rights activist and fight for his people's
rights. From 1981 to 1984 he studied for a Diploma of Teaching at Townsville College of Advanced
Education. In 1981 a land rights conference was held at the James Cook University. Mabo was
invited to make a speech about the land inheritance system used on his homeland (Murray Island).
Mabo was persuaded by an audience member who was a lawyer to lead a test case to claim
Indigenous land rights through the court system. After taking on board the lawyer's advice, then
began the ten year fight, Mabo and other civil rights activists presented the case to the Supreme
Court of Queensland but the court later found that Mabo was not adopted by traditional Island
custom and therefore his Indigenous rights were

Case Study Mabo/Essay Federalism
FEDERALISM Federalism is a form of government which unites separate political entities, within a
national system whilst still retaining their independence (AUSTRALIANPOLITICS.COM, 2011).
In this essay it will be discussed that the 'Mabo Decision' and the implementation of the Native Title
Act, 1993, is an example of this and will be analysed whilst unearthing the challenges and benefits
which were exhumed within this historical test case, whilst explaining the impact of the High Court
Ddecision. The Australian system of government is a federal system incorporating characteristics of
both the British system and that of the United States. The Australian Constitution provides for a
Westminster type parliament, an upper house (Senate) and ... Show more content on Helpwriting.net
...
The First Australians SBS (1989).' Malo's Law is a strict law of a spirit which Murray Islanders had
practiced for hundreds of years. The main law below as explained by Father Dave Passi, "Tag
Mauki Mauki, Teter Mauki Mauki", which translates to: "Your hand can't take something that does
not belong to you unless you have permission. Your feet cannot walk in, or through someone else's
land, unless there is permission. Father Dave Passi, First Australians SBS (2008)". The Queensland
Supreme Court Judge, Justice Moynihan, also went for a trek into the Murray Island reserve to see
first hand the native border control measures which have been in place for many years by the local
people. These included certain landmarks, trees, rock formations etc. These have been recognised
locally for generations. It was also pointed out that these land parcels under tribal law were passed
on from Father to Son and never could be traded for currency. Edward Koiki Mabo's mother had
passed away weeks after his birth and was the adopted son of his uncle, as was the Meriam nation's
people's cultural tradition. This was to be a major deciding factor in the decision of Mabo and
Others v Queensland (No. 1, 1988), the core argument from Queensland was that Mabo was not the
person he said he was. In 1990, Justice Moynihan's report was presented to the High Court in
Canberra. It found in favour of the Murray

Aboriginal And Torres Strait Islanders
An indigenous person is a term used to describe the original inhabitants of a land, the people who
were there before any settlers of a different land came and took over. Indigenous people will have
generally retained their cultural practices and traditions that will differ greatly from that of the
settlers. The term 'Indigenous person' is used to describe Aboriginal and Torres Strait Islanders.
(Australian Human Rights Commission, n.d.)
Aboriginal and Torres Strait Islanders are the original land owners of Australia, having lived here
for more than 40,000. They were free to practice a different way of life and culture before European
settlement in the late 1700s.
Aboriginal people originally inhabited mainland Australia and the ... Show more content on
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Things like poverty, drug and alcohol use, unemployment and health problems are high among
indigenous people because they either don't trust the systems in place to get help, or because they
don't understand the processes involved in using them.
(Learner Guide, n.d)
Dreamtime is the beginning, the aboriginal equivalent of the Big Bang theory. According to
aboriginal understanding, The Dreamtime is the creation of the world, the time when their Ancestor
Beings existed. These Ancestor Beings awakened the dark and silent world by breaking through the
earth 's crust, causing the sun to rise from the ground and shine light on the earth for the first time. It
is believed the Ancestor Beings of Dreamtime were half human in form and resembled creatures or
plants. They travelled the earth creating the landscapes of the world on their journeys. They made
the aboriginal people, who are the decedents of the dreamtime ancestors, as well as 'the native
animals and creatures of the land. They are also responsible for the moon and the starts, as well as
the natural elements, water air and fire. Once they had made all of this, they went back to their
sleepy state into the earth. (Aboriginal Art, n.d.)
Now, aboriginals continue the Dreamtime with what is referred to as The Dreaming. The Dreaming
is practiced in stories, song, dance, artwork

Notes: European Settlement of Australia Commenced in 1788....
European settlement of Australia commenced in 1788. Prior to this, Indigenous Australians
inhabited the continent and had unwritten legal codes
Terra Nullius:
Terra Nullius: A Latin term which translates as 'Empty Land ' or 'Nobody 's Land '. Captain Cook
declared Australia to be 'Terra Nullius ' when he sailed into Botany Bay on April 28th 1770, so that
he could claim Australia for Britain. This proclamation ignored the fact that hundreds of different
groups of Indigenous people occupied the land.
The indigenous people did not have any form of political organisation. The British could not find
any recognised leaders with authority so they couldn't sign treaties.
The first test of terra nullius in Australia occurred with the ... Show more content on Helpwriting.net
...
This assertion, however, was undermined by the fact that in 1913 the Queensland government had
bought land from the Meriam people on which to build a police station. If the Crown (and therefore
the State government) already owned the land then why would it have to buy some from the
Indigenous inhabitants? The government had also established a land court in the early part of the
20th Century to preside over land disputes between the Meriam people. Again, why establish a court
to make judgements if the land belonged to the Crown?
On 3rd June 1992 six of the seven High Court Judges ruled; 'The Meriam people are entitled as
against the whole world, to possession, occupation, use and enjoyment of the lands of the Murray
Islands '
On June 3rd 1992, six months after Eddie "Koiki" Mabo 's tragic death, the High Court upheld his
claim that Murray Islanders held native title to land in the Torres Strait.
Mabo v Queensland [No 2] (1992) 175 CLR 1 (Mabo) declared that terra nullius had never legally
existed and that it had been wrongfully applied to Australia. The high court said that 'ultimate ' title
existed instead, and through that, native title could be claimed. Australian land law has developed
from English land law and it was under those principles that Australia was settled. At common law
all land is owned by the Crown which then deals with that land as it sees fit.
Under common

Aboriginal Political Movement in Australia
Question: Aboriginal and Torres Strait Island peoples have since colonization been politically active.
Discuss drawing from readings and research about various forms of political engagement.
Since the beginning of European colonization in 1788, Aboriginal people have experienced
displacement, have been the targets of genocidal policies and practices, and have had families
destroyed through the forcible removal of children. Decades of colonial exploitation and a
prolonged systematic attempt to destroy Aboriginal people and culture have led to legislations and
policies that are punitive and restrictive towards Aboriginal people. Such legislation reflects the
dominant society's perceptions of Aboriginal people and how they ought to be ... Show more content
on Helpwriting.net ...
Aboriginal people did not have access to amenities, such as cinemas, hotels, cafés and swimming
pools, and suffered prejudice and suspicion as well as verbal and sometimes physical abuse (**). In
the town of Walgett they decided to picket the Walgett Returned Service League Club (RSL) as a
protest against the treatment of Aboriginal people. The media covered the Walgett RSL protest. The
central role of the film camera in this campaign demonstrated the growing sophistication of activists
who recognized the need to show city dwellers what was happening in country towns. Also captured
on tape was the vice–president of the RSL who said he would never allow an Aboriginal to become
a member (Curthoys, 2011, 12). Such evidence was beamed into the living rooms of Australians
with the evening news and exposed an endemic racism. This film footage shocked city viewers and
added to the mounting pressure on the government.
The legacy of the Freedom Ride political action was a greater awareness of Aboriginal issues in a
rural context. Perkins and his fellow students had successfully stirred up debate and sparked
discussion around Australia on the state of Aboriginal affairs. Awakening media interest in
Aboriginal affairs was positioned in favor of the Black Australian cause, to the severe
embarrassment of many white townspeople in rural New South Wales. In the ensuing public debate,
urban public knowledge of racial discrimination grew, some

The law reform process has been effective to a certain...
The law reform process has been effective to a certain extent in achieving just outcomes in regards
to native title. This can be seen through both the Eddie Mabo case [1992] and the Yorta Yorta case
[2002] as although the cases had been concluded with final decisions, there were still measures that
could have been taken, and areas where it could have been improved to achieve a just outcome.
MABO V QUEENSLAND (NO.2) [1992] HCA 23
In 1992, the doctrine of terra nullius was overruled by the High Court in the case Mabo v
Queensland (No.2) [1992] HCA 23. After recognising that the Meriam people of Murray Island in
the Torres Straits were native title landholders of their traditional land, the court also held that native
title existed for all ... Show more content on Helpwriting.net ...
YORTA YORTA V QUEENSLAND
The Yorta Yorta people were one of the first Indigenous groups to make a native title claim in
Australia, in February 1994. The Yorta Yorta people claimed native title to an area of land and
waters in the Northern Victoria and Southern New South Wales. However, the High Court rejected
the appeal, and it was concluded by the judge that the Yorta Yorta people had ceased to occupy their
traditional lands with relation to their traditional laws and customs, and that the period of time in
between had washed away any evidence and acknowledgement of the practise of their traditional
laws and customs. In order for Indigenous people to prove their Native Title rights, they must prove
that they have had an uninterrupted connection with the land and the practise of the traditional laws
and customs has been maintained since time of colonization. This rule disregards the effects of
colonization; that indigenous people have been forcibly removed from their homes, cultures being
forcibly altered which all results in an adaption to the new environment and way of life. Therefore,
the required burden of proof is quite discriminatory, making it increasingly difficult for Indigenous
people to prove

Land Law Reform
Indigenous people have long been denied the entitlement of land rights by Australia. Law reform
has been both effective as well as ineffective in achieving genuine access and control of land for the
indigenous people. Law reform aims to reinforce and strengthen justice, through the process of first
examining existing laws, and by then revoking, amending or creating the necessary changes to a
law. This procedure is acted in accordance with judicial bodies, by the result of case law along with
statutory law. The Native Title Act of 1993 was achieved through statutory reform. This act took
place by cause of the High Courts settlement of the second Mabo case of 1992. Although law reform
has not been exclusively effective, it has been relatively ... Show more content on Helpwriting.net ...
The significance of this decision amended the base of land law in Australia. The most significant
issue of the case was if Queensland's 1879 act of annexation of the Murray islands extinguished
native title, by empowering the Crown with control of all Murray island land. The case involved the
consideration and judgment of the High Court and the Queensland Supreme Court. After Justice
Moynihan of the Supreme Court recommenced the hearing of the case facts, the proceedings
reconvened on Murray Island as well as on the mainland as requested by the plaintiffs. Mabo and
the people of Meriam requested it to be held on the island its self, as they believed it would be
convenient in taking evidence from witnesses, as well as to provide the court a better understanding
of the island and its people. As Justice Moynihan researched and investigated the aspects of the
island, he discovered many things about the island and its people. It was found that the Murray
islanders had an elaborate social structure, no concept of public land ownership and that the people
had a clear awareness of identity as well as powerful and abiding links to their land. The
determination of the case depended on the legality of the declaration of Terra Nullius; if Australia
was determined Terra Nullius at the time of settlement, this would result in the islanders case being
invalid as English law applied, however, if it was decided that the English had invaded Australia,
then the initial occupants would therefore be recognised. The High Court concluded the issue by
deciding that Australian lands were not terra nullius at the time of settlement and that native title had
existed wherever indigenous people were settled before European settlement. The court therefore
granted the islanders with native title and the

Aboriginal Land Rights Essay
Aboriginal Land Rights
Aboriginal Australians have always had an eternal bond with the land. For the 50,000 years or more,
they have occupied the continent; the land provided not only the basic needs, but also the spiritual
beliefs. In the Dreaming, the forms of the land, mountains, rivers, landscapes and animals took
shape and the spirit of ancestors resided in places that became sacred sites to the Aboriginal people.
The land to these people were their most precious commodity.
When white settlement began in Australia in 1788, the concept of terra nullius {the land belonging
to no–one} was adopted by the British. This was assumed because the Aboriginals had not
cultivated the land, so it ... Show more content on Helpwriting.net ...
It also found it was out of step with international human rights and that Aboriginals had been
dispossessed of their land rights unlawfully.
Native Title Act 1993
After the Mabo case which recognised the existence of native title rights, Land Councils lobbied the
Federal Government to legislate to protect any native title that had survived 200 years of
colonisation.
The Native Title Act 1993 is part of the Commonwealth Government's response to that historic High
Court decision. The Native Title Act came into operation on 1 January 1994
The Act does five things:
* It recognises and protects native title.
* It provides a regime to enable future dealings in native title lands and imposes conditions on those
dealings
* It provides for the validation of any past grants of land that may otherwise have been invalid
because of the existence of native title
* It establishes a regime to ascertain where native title exists, who holds it and what it is, and to
determine compensation for acts affecting it.

* It creates a land acquisition fund to meet the needs of dispossessed Aboriginal and Torres Strait
Islander peoples who would not be able to claim native title.
Wik Case 1996
After the Mabo Case resolved the land rights dilemma of Aboriginals, there were unresolved
conflicts on the issue of pastoral leases,

Mabo V Queensland : An Australian Landmark Case
'Mabo V Queensland' was an Australian prominent landmark case which began in 1982 in the High
Court of Australia. This case is commonly referred to as just 'Mabo'. This case was taken to the High
Court as a test case to establish Aboriginal's land rights including their ownership. A test case is a
case that establishes new legal rights or principals. In this case, the concept of terra nullius was also
challenged. Terra Nullius means 'empty land'.
The concept of terra nullius meant that Australia was an empty land before British settlement. This
concept, therefore, suggested there is no ownership of this land by the aboriginals. Eddie Mabo was
appalled once he discovered that he and his people's/communities traditional ownership was
unrecognisable by Australians and their laws. While working at James Cook University, he read
many books and reports about aboriginals and Torres Strait Islanders to further his knowledge. Due
to his higher level of knowledge about his people and their land rights, he became an activist who
fought for their land rights. He attended the Land Rights Conference in 1981 to ask for assistance
for aboriginal land rights in particularly the ownership of Murray Island. During his speech he once
said that "what we actually want is real help, not patronising colonial rule anymore; more advanced
help from our prosperous white Queenslanders to enable us to stand on our own feet and be able to
exercise our rights as Australians..." In this conference he

How Did Eddie Mabo Change Australian
Eddie Mabo was a revolutionary figure in the rights of Australia's Indigenous people. With the
introduction of white people to Australia in 1788, they followed the idea of terra nullius which was a
Latin term meaning 'land belonging to no one'. The white settlers ripped the Indigenous people's
land from under their feet therein making the original Australians a displaced group of people.
Mabo's court case enabled the Aboriginal people to have ownership of their own land. By taking the
request for land rights to the High Court of Australia, Eddie Mabo brought the plight of the landless
Indigenous people into the public spotlight.
Edward (Eddie)'Koiki' Mabo (1936–1992) grew up in Murray Island, Queensland. He was adopted
at age 5 by his uncle

Eddie Mabo's Legacy
Legacy
Eddie Mabo is survived by his wife Bonita, his 7 biological children, and three adopted children. On
the 3rd of June 1995, a marble headstone which featured an image of his face was unveiled at his
funeral where his family and a number of guests were in attendance. On the same evening the tomb
was vandalised, and subsequently Eddie Mabo's remains were relocated to the Murray Islands by his
family with assistance from the federal government [REF], and was re–buried at Las on the 18th of
September 1995.
Eddie Mabo was a tireless advocate for the freedom, justice and the fundamental human rights and
land rights of not just his people, the Murray Islanders but for all Indigenous Australians. In 1992 in
honour of years of commitment to

Edward 'Koiki' Mabo's Indigenous Rights
Edward 'Koiki' Mabo (1936–1992) contributed to the fight for Indigenous rights in the 1960s. He
was the first Indigenous Australian to receive the recognition of their land rights in Australia. He
worked as a gardener in James Cook University in Queensland. He sat in lectures, where he learned
that his island, Mer (Murray Island) was Crown land and the Indigenous Australians were not the
traditional owners. Mabo stated that "I'd like to see anyone take my land off me." This influenced
his decision to lead a campaign against the High Court to fight for his land.
Mabo's ancestral Aboriginal culture influenced him, especially with his father, where he later learns
is his adopted dad. For example, Mer Island was handed down to Mabo from his father

Law Reform on Native Title
Indigenous people as defined by the Cobo report (1987) are "a group having a historical continuity
in pre–colonisation societies with a distinct culture now a minority in society today". Throughout
history and times of colonization change has been seen in a plethora of ways. Importantly for
Australia has been the take over of land by the British under the doctrine of Terra Nullius, which
means meant that if land was populated by "backward peoples", as in it was "unoccupied" it was
considered as if it were unpopulated, as there was no formal organised system of living or
Government. The common law term for this is acquisition of settlement. There are many cases in
our history that have been both effective and ineffective: The Gove ... Show more content on
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Following Mabo v. Queensland (No.2), the Commonwealth Government passed the Native Title Act
(1993), which saw the official recognition of native title. Native Title is defined in Section 61 of the
Act as the rights and interests of Aboriginal and Torres Straight Islanders observed under traditional
custom and recognised by the common law of Australia. This important step in changing Australian
law and achieving justice for Aboriginal people was followed by the Native Title Amendment Act
(1998), which saw changes to The Native Title Act after a push by the Howard Government in
regards to the response to the Wik case and meant it harder to make registration of a claim and to
increase interests of miners and pastoralists. This was met with much criticism, including the United
Nations committee, on the Elimination of All forms of Racial Discrimination that found they
breached the International Convention on the Elimination of all Forms of Racial Discrimination.
This is an example of law reform once again, to fir with changing attitudes, values and behaviours,
as well as to reinforce and clarify parts of the act such as pastoral lease's. It shows elements of
positive and negative reform, as on one hand it shows a continuing, effective process, and on the
other hand shows a change in

Torres Strait Islanders Identity
For most of their (over) 45,000 years history, Torres Strait Islanders have established their own
unique identity as a group and within their respective collectives, partially due to limited contact
between the Torres Strait Islands and Europeans, until Britain's colonisation in 1788; Therefore, the
last two centuries as a result of colonisation have undoubtedly effectuated the alienation of the
Torres Strait Islanders, and ergo had pernicious influences on their identity. As argued by Mua
Makereta business exploitations in the 1860s by pearl shells particularly changed the Torres Strait
Islands as the Queensland Government "formally annexed the islands", and made a centre for the
marine industry on Thursday Island as the Europeans viewed the islanders as a 'lesser breed' who
had no right in deciding what would happen to the Islands. Usually contact between the Europeans
and the Islanders was often transient and socially distanced, but the arrival of the London
Missionary Society in 1871 on the Islands resulted in their attempt to impose Christian discipline on
the Islanders, therefore manipulating their identity. Although they typically didn't allow music, when
they did the 'teachers' from the London Missionary Society were especially suspicious of the
islanders' traditional dances and songs, but tolerated South Sea dance. Cambridge scientist W.H.R.
Rivers who at the time observed that the Torres Strait Islanders would often come in contact with
South Sea Islanders as many

Meriam V Ireland
This recognised the fact that the land hadn't 'empty' before the coming of Europeans. It identified the
land rights of the Meriam People of the Murray Island (Cape York)
This law reform challenged the existing law in 2 ways:
That the land was Terra nullius (no ownership)
That sovereignty brought ownership over the land to the crown, no matter the existing rules/rights.
Eddie Koiki Mabo, Reverend David Passi, Celuia Mapoo Salee, Sam Passi and James Rice were a
group of Aboriginal Meriam men who first challenged the law, wanting to claim native title.
The case (1992) was sent to the Supreme Court of Queensland, but this was postponed when the
Meriam men brought another case to the High court that challenged a document of the Queensland
Government's.
... Show more content on Helpwriting.net ...
The lands were not terra nullius as supposed before, but in fact lived upon.
There is a conversation on this website that would be useful, but it is too large to fit in this textbox.
By 1993, a Native Title act had been passed. It was made to:
Give recognition and respect of the native title
To set up ways that future laws offending the native title may be altered to not do this.
To set up a mechanism that could determine the claims of a native

The Freedom Of Speech And Democratic Rights
Legal membership is essential in a country in order for citizens to enjoy the rights, responsibilities
and equity the country has to offer. Many nations across the world have some type of citizenship
model which allows the individuals of a country to enact their political and legal rights destined to
them from birth simply because they are human beings and citizens of such countries. Political and
legal rights are protected and known as first generation negative rights; they include the rights
fundamental to political and legal freedoms. They include political freedoms such as freedom of
speech and democratic voting rights as well as legal rights involving habeas corpus and equality
before the law. Together these rights guarantee open democratic participation and protect individuals
from the abuse of excessive power of the state and other larger groups. Throughout Australian
history the recognition of Indigenous rights have been construed to a large extent. Although
Indigenous Australians still struggle in achieving equal political and legal rights, the recognition of
such rights for the indigenous people have improved and grown substantially as this essay will
prove to show the key event steps which have led and made for the implementation of equality in
political and legal rights for indigenous Australians.
The beginning of the 1960's sparked as a step in the achievement of basic rights for the aboriginal
people. Though the key fundamental stepping stone in recognising

When you say the words courage, perseverance and bravery one person seems to stick out from
others. This man, Eddie Mabo was a loving father, husband, son and friend to many and I am so
grateful to have called him a close friend. I would like to thank everyone for coming here today as
we remember the loving, caring, tenacious man that was Eddie Koiki Mabo.
On the 29th of June 1936, Eddie Koiki Mabo was born on the Murray island in the Torres Strait to
Robert Zesou Sambo and Annie Poipe. His mother Annie tragically passed away 5 days following
so he was adopted by his maternal aunt and uncle Maiga and Benny. Mabo spent his childhood on
the island of Mer helping his uncle with farming and fishing. He learnt English from the state school
in which ... Show more content on Helpwriting.net ...
You see Eddie was a very intellectual person, he enjoyed reading books and often sat in on lectures
while working as a gardener at James Cook University. His main focus was to gain recognition and
equality for Indigenous people all around Australia. To fulfill this goal he began by giving a speech
in 1981 at a lands right conference at James Cook University. He discussed his family values and
the importance of his culture back on the island of Mer, prompting him to follow with the need of
rights and equality for the Indigenous and their land.
This speech caught the attention of a lawyer in the audience who advised Mabo to take the case to
claim land rights in court.This case was officially taken to the High Court of Australia on the 20th
May 1982 and became known as the 'Mabo Case'. After ten years of hard work and persistence the
High Court decided in favour of Mabo and the other plaintiffs. Sadly Eddie passed just before this
decision was made but I know to see his hard work pay off would've meant the world to

Consequences Of Eddie Mabo
The Eddie Mabo v the State of Queensland [No. 2] (Mabo) case has had a deep impact on the legal,
social and political reality of Indigenous–non–Indigenous relations in Australia. It's established a
long term consequences may require considerable litigation, or maybe a Federal Legislation. The
Mabo case is the means of which the sovereign rights of Indigenous Nations to their ancestral lands.
The result in the case was a recognition by the Australian legal system that the Meriam people hold
rights to their land under their own system of law, and that those rights should enjoy the protection
of the Australian Law.
The Mabo decision did not reconsider the style or strength of the acquisition of sovereignty, but how
the law was received in the new colonies and the values of the 'private rights' for the indigenous
inhabitants.
Who is Eddie Mabo?
Edward Koiki Sambo was born in 1963 on Mer (Murry) and due to his mother's death he was raised
by Benny Mabo ... Show more content on Helpwriting.net ...
He was an important figure in Australian history for his role in earning indigenous land rights, and
his one landmark decision of Australia's High Court, turned over the legal fiction terra nullius which
lead Australian law in regards to land and native title. Obviously he has corrected an historical
wrong.
The Mabo decision provided Indigenous peoples with a viable legal doctrine to protect their
interests and to facilitate the preservation and strengthening of their culture. It recognised that the
granting of future interests in land could coexist with the presence of native title. It merely ensured
that dealings with respect to Indigenous land would be concluded in negotiation with Indigenous
peoples and that their interests would be recognised by the parties involved and by the law.
I hope he will be remembered forever. Mabo does represent a very important opportunity for
Aborigines which may now have enough land which their future options are really

Mabo Case
Legal studies–Law Reform
Legal studies–Law Reform
The Australian Legal System response to the Mabo case has changed greatly ever since the first time
it was introduced. Many different acts were introduced and/or amended as a result of this case. The
effectiveness of the law and the law reform in protecting the rights of individual and society at large
is demonstrated throughout this essay.
Eddie Koiki Mabo was born on Murray Island in 1936 and was an Indigenous Australian. In 1974,
during a conversation with two academics, Mabo became aware to the fact that his family did not
own their traditional lands and that it was, in law, owned by the Crown. The Queensland
Government wanted to remove any doubt that the Meriam people had total ... Show more content on
Helpwriting.net ...
The Mabo decision ended the idea of terra nullius in relation to Australia, when it recognised the
Meriam people as the owners of the Murray Islands. It also opened the door for other Indigenous
groups to be able to claim ownership of land that they could prove a continuous connection with.
Unfortunately Eddie Mabo had died of cancer in February 1992, just 4 months before this historic
high court ruling that would change Australian land law. The judgement was so historic because it
completely overturned the idea of terra nullius and said that native title survived in many places,
even though the land had been taken by the Crown. With Terra Nullius distinguished, it proved the
point that Murray Islands first inhabitants were in fact the Meriam people.
With the Mabo case being successful many other cases came about for example Wik Peoples v. The
State of Queensland (also known as the Wik Decision). It is a decision of the High Court of
Australia in December 1996, regarding the right of access by the Wik peoples of Cape York
Peninsula in North Queensland to Crown land held under pastoral leases for cattle grazing. The
court decided (4 judges to 3) that the rights of indigenous people who can prove a connection to the
land can coexist with the rights of the pastoralists, but where there is any inconsistency between the
two, the rights of the pastoralist will prevail. In other words, pastoral leases do not automatically

Eddie Mabo – A Murray islander had his rights infringed The individual who had their rights
infringed was Eddie Mabo, and the group who had their rights infringed were the native Murray
island inhabitants who were the original custodians of the land. Eddie Koiki (his islander name)
Mabo was born on Murray island, in the Torres Strait on June 29, 1936. A member of the Meriam
people, who know the island as Mer, Mabo was adopted and raised by his uncle, Benny Mabo from
whom he took his name after his mother's death. Mabo was expelled from the island for breaking
customary laws when he was 16, he moved around nearby communities and eventually settled down
in Townsville where he married Bonita and started his family. Mabo first started questioning rights
of land ownership in 1969, and started talking about 'his' land. The Murray islander's ancestors were
one of the strongest and largest aboriginal tribes centuries ... Show more content on Helpwriting.net
...
Eddie claimed to be adopted by his uncle, and then took Mabo as his last name however there was a
lot of controversy in regard to whether or not Eddie was classified as being adopted. The trial judge
decided that Eddie Mabo's claims to land failed. They failed because the judge decided he was not
adopted by reason of custom and tradition. Eddie barely lived with his adopted family as he was
only 16 when he was shunned from the island and the Queensland government stated that his
adopted family only adopted Eddie to receive welfare benefits from the government. This issue in
question was finally overturned and Eddie was classified as an adopted Mabo. Another issue that
was raised was other Murray islanders felt as though Eddie was becoming too power hungry and
was not handling the case the right way. They felt as though Eddie becoming too greedy was
claiming too much land, crossing the traditional borders and taking some of the land that belonged
to other native families/

Aboriginal Land Rights within Australia Essay
Terra Nullius was once apparent in Australian society, but has now been nullified with the turn of
the century. With the political changes in our society, and the apology to Indigenous Australians,
society is now witnessing an increase in aboriginals gaining a voice in today's society. Described by
Pat Dodson (2006) as a seminal moment in Australia's history, Rudd's apology was expressed in the
true spirit of reconciliation opening a new chapter in the history of Australia. Considerable debate
has arisen within society as to whether aboriginals have a right to land that is of cultural significance
and whether current land owners will be able to keep their land.
An issue facing society is whether legislation in place is sufficient in ... Show more content on
Helpwriting.net ...
Case by case indigenous Australians begin to gain access to the land that was taken from them.
Contentious debate continues to rage in present society opening a floodgate of ethical issues which
can have detrimental effects on all parties involved. Ethics vary from each individual and tend to
stem from their own belief systems external to that person (Dosen, Harris, Brock, Imariso and Smith
2007:336). These ethics give rise to conflicting arguments in present society. 50 years ago,
Indigenous Australians were not entitled to enter a bar, cafe, swimming pool, or a cinema, if that
deprivation of basic rights wasn't enough; they then took children from their mothers later on known
as the 'stolen generation' (www.creativespirits.2008). The stolen generation, estimated at over
100,000 children were taken from their homes and placed in missions, reserves or dormitories
(www.creativespirits.2008). "I feel our childhood has been taken away from us and it has left a big
hole in our lives" an Indigenous Australian part of the stolen generation (www.creativespirtis.2008).
The loss of ones culture and identity was deemed worse then being poor and living in sub standard
living with their families.
The case of Mabo v Others v State of Queensland (No.2) (1992) 175 CLR 1 (www.austlii, 1993),
rewrote common law as the court ruled in a six to one majority, that the people of

Eastern Uplands Research Paper
EASTERN AUSTRALIA
Eastern Uplands
Proof of volcanic activity related to the break–up of Australia and Antarctica is seen at Bunbury,
which is located 150km south of Perth, at the point where the basalt is of early Cretaceous, also on
the middle Jurassic Kangaroo Island. However, evidence of Cenozoic eruptions is only seen in
Eastern Highland. All through the Cenozoic, hot spot volcanic event transpire (Sutherland et al.,
1985). Most of these events follow the Miocene (Stephenson et al., 1980) with recent eruptions
close to the southern and northern margin of volcanic zone at southeast of South Australia and north
Queensland respectively.
Neotectonism is express in different ways in the eastern Uplands of north Queensland, in Atherton
and Chillagoe territory. Some are identify by magmas dating (e.g. Nulla Volcanic Region) to know
youngest ages (Nulla Volcanic Region) while others hold ropy structure (pahoehoe). In Atherton
territory, most recent Pleistocene (Eacham) basalt is openly exhibited. Other evidence of
neotectonics in Eastern Upland are seen where the Lake George and Shoalhaven reverse fault offset
Palaeozoic layers across Miocene.
Similarly, the Melbourne wrap has been active (Gill, 1961) leading to different faults that have
decided deposition and landscape formation in the south Gippsland region of eastern Victoria
(Jenkin, 1976b). ... Show more content on Helpwriting.net ...
Neotectonic frames show comparable arrangements. Therefore, with respect to any given region the
peaks of A–tents indicate comparable directions. New fault scarps have a tendency to be correlated
with the territorial lineament

Aboriginal Land Rights in Australia
Terra Nullius was once apparent in Australian society, but has now been nullified with the turn of
the century and the changes of societal attitudes. With the political changes in our society, and the
apology to Indigenous Australians, society is now witnessing an increase in aboriginals gaining a
voice in today's society. Kevin Rudd's apology as described by Pat Dodson (2006) as a seminal
moment in Australia's history, expressed the true spirit of reconciliation opening a new chapter in
the history of Australia. Although from this reconciliation, considerable debate has arisen within
society as to whether Aboriginals have a right to land of cultural significance. Thus, causing concern
for current land owners, as to whether they will be ... Show more content on Helpwriting.net ...
This decision left pastoralists unsure of their right to land, however the National Indigenous
Working Group (NIWG) accepted that existing rights of pastoralists to operate and develop their
leases without any need to negotiate with native title holders. This provides pastoralists with the
'certainty' that they had before the Wik decision. Recently, Indigenous land owners on May 23, 2011
had the Federal Court of Australia rule that over 26,000 square kilometres in Western Australia's
north Kimberley region was an indigenous protected area. This decision has allowed indigenous
members of the community to progress forward and create benefits for themselves and their
community. In making the decisions of such acts, many societal viewpoints would have been
considered.
In establishing an act, the stakeholder's positions would need to be considered in order to ensure an
equitable legislation for the majority of society. Stakeholders recognised by the law include: All
registered native title bodies corporate in relation to land or waters in the area (Austlii: 1993).
Pastoralists involved in relation to current land owners. Government bodies; influence the execution
of laws and policies on members of society. Once a decision is passed, it can be used as precedent in
future cases and therefore the decisions passed must have due consideration. An organisation that
educates society on the issues of Indigenous

Declaratory Act Essay
On the 3rd of june, 1992, ten years after the land act fight , the High Court ruled by a six–to–one
majority that the Meriam people held native title over Murray Island. The decision ended terra
nullius an old english word used to describe a land that belonged to no other , and the introduction
of the Native Title Act was formed (National native title tribunal,2017). Legal proceedings for the
case began on 20 May 1982, when a group of Meriam men, Eddie Koiki Mabo, Reverend David
Passi, Celuia Mapoo Salee, Sam Passi and James Rice, brought an action against the State of
Queensland and the Commonwealth of Australia, in the High Court, claiming 'native title' to the
Murray Islands (AIATSIS,2017). The Chief Justice, Sir Harry Gibbs sent ... Show more content on
Helpwriting.net ...
To establish a mechanism for determining claims to native title. To provide for, or permit, the
validation of past acts, and intermediate period acts, invalidated because of the existence of native
title. The native title act inspired by the mambo case enabled and encouraged the aboriginal people
in the past, present and future to stand up for their culture, community and land. The mambo case
allows me to understand the fight the aboriginal people fought for. In recognising that Indigenous
peoples in Australia had prior rights to land, the Court held that these rights, where they exist today,
will have the protection of the Australian law until those rights are legally extinguished (HUMAN
RIGHTS COUNCIL OF AUSTRALIA,2017). On June 30th 1993, the wiki people had made a claim
for native title in the federal court of Australia for land on the cape your peninsula in Queensland,
Native title however if not pass through the parliament till December 1993.(Federal judicial
scholarship,2012)(HUMAN RIGHTS COUNCIL OF AUSTRALIA,2017). Native title is the
recognition in Australian law that some Indigenous people continue to hold rights to their land and
waters, which come from their traditional laws and customs (AIATSIS,2017). For the native title act
to become seen as a law there where particular rules that must stay intact. This peoples right and
interests to be possessed and recognised under the traditional laws currently acknowledged

Eddie Mabo Case Study
In the Eddie Mabo case, the case related to the ownership and control of land. However, aboriginal
land rights were not recognised. In this case there were two major principles, which were terra
nullius and native title. Terra Nullis is a legal principle indicating that a particular part of land
doesn't belong to anyone or could be considered as no man's land. Only Captain Cook in 1770
claimed all of the east coast under international recognised law at the time. It followed three ground
rules. The rules were if the land is uninhabited, any country could claim ownership and settle the
land under the principle of terra nullius. If the land was inhabited, another country could request the
leaders of the indigenous inhabitants for permission to make use of some of the land. This may
involve making a land purchase, or coming to some other agreement such as treaty which was
agreeable to the indigenous population. The last rule meant that a country already inhabited could be
conquered through invasion and war, ... Show more content on Helpwriting.net ...
Western Australia created the Land (Titles and Traditional usages) Act 1993. This Act was to end the
common law of native title. Also, this Act was purposely created to deal with disputes between
mining companies and indigenous people over the right to certain areas of land.
Previously the Commonwealth Government tried to keep away from the conflicts between State
Governments over indigenous land rights. However, the then PM Paul Keating of the Labour
Government wanted to find a way to help those in need of rights. There was a risk with this decision
as some other State Governments might try to legislate to stop indigenous land rights as Western
Australia had done. This led to the Commonwealth Government putting forward its own legislation.
The Act that was created was the Native Title Act 1993 (Cwlth). It was passed in late December
1993 and began in force in January 1st

Stolen Generation Assimilation
The assimilation policy that removed Australian Indigenous children or children of Indigenous
descent from aboriginal communities began in the late 1800s. This formally ceased in the 1970s but
some would argue that it continues to this day. This essay will present evidence including the stolen
aboriginal children's experiences in life and what changed in their life from when they were home to
where they were taken. It is hypothesised that the Stolen Generations have had a live much tougher
than most and should be fully reconciled for the damage done by the Government. It will also
examine the Government's roles have been and how they have changed from during the period of
stolen generations to their current standpoint on the reparations of the stolen generation.
Due to the belief that an aboriginal child that was not full blood or looked caucasian enough to be
brought up and raised as a white child, around 10 000 aboriginal children were forcibly removed
from their families and ... Show more content on Helpwriting.net ...
(Carradus, Delany, McAurthur, Smith, Taylor, Young 2012) Most stories state that they were simply
taken into the custody of the police. For example, confidential evidence to the Bringing Them Home
Report (UNHRC, 1997) states that "They put us in the police ute and said they were taking us to
Broome" (Confidential Evidence Bringing Them Home Report 1997). This shows that the police
force was used by the Government to take the children away. The story of Murray and Penny
(Bringing Them Home Report 1997) shows an insight to how some members of the stolen
generation were treated in Australia, specifically in Queensland. Murray and Penny were two of six
white, aboriginal siblings brought up in Cairns

Mabo Decision : Queensland Government
Mabo Decision
The case of Mabo decision with Queensland government was one of the most significant legal case
in Australia, which recognised the land rights and the original ownership of Murray islanders in the
Torres Strait. It was acting by Murray islanders and the High Court upheld. Based on the successful
legal case, there are some key issues in the process for Indigenous' land rights, which were changed
in Australia law and affect future rulings in Australia, such as the Native Title ruling of the
Aboriginal people's land rights after the High Court passed the Act in 1993; in addition, due to this
alteration of Australian laws, it not only had a big impact of Murray islanders but also on some other
groups of Aboriginal people's land rights reform.
The case was started by five Meriam people, Eddie Koiki Mabo, Reverend David Passi, Celuia
Mapoo Salee, Sam Passi and James Rice. (Keon & QC, 2011) These men fought against the State of
Queensland and the Commonwealth of Australia. In the early years, Mabo expelled from the island
by Murray Council because of Mabo's father, Robert Zezou Sambo was the leader of Murray
islanders' maritime strike at the same year when Mabo was born in 1936. The Mabo case was started
in 1982; after ten years working on the litigation, the "Native Title Act" was passed in 1993. It
signalled the success of the lawsuit and the rights of Murray people of their traditional lands, as well
as Aboriginal people.
Due to the Murray Island became part of

Eddie Mabo Essay
Introduction Throughout Australian history, there have been men and women who fought for the
entitlements of the indigenous people. The most respected and recognised of these is Eddie Mabo, a
Torres Strait Islander. Mabo stood up for the rights of his people from a very young age all the way
to his death, in order to generate changes in the policies and laws of the government. Mabo battled
for his right to own the land which he had inherited from his adoptive father, a fight which was
resolved only after his demise. Despite this, Eddie Mabo became one of the key influential figures
in the Aboriginal rights movement, as his strong will, determination, and intelligence allowed him to
bring about change. Early Life Mabo was born on ... Show more content on Helpwriting.net ...
He lived a simple existence with his family, caring for the land and learning the traditions of his
people, until his exile from the island. However, meeting his soul mate Bonita in 1958 and marrying
her in 1959 was one of the most significant events to affect him. Bonita quickly became the most
significant person in his life and the driving inspirational force behind his political agendas. She
stood by her husband no matter what, supporting him even when the pressures and struggles of life
almost became too much to bear. Due to the nature of his political agenda, Eddie needed to move
around a lot, and so Bonita helped to raise money in order to pay for these ventures. Towards his
later life, Mabo began to drink heavily to escape from the pressures of daily life, and took out his
frustration on his wife, both verbally and physically. Despite this, even when Bonita took the
children and left, she always returned to support him, because she understood what he was going
through. Eventually, Eddie learned to focus his frustrations onto other things, politics in particular.
Political Struggles At the age of 16, Eddie began to question the system, and the government. He
began to ask why it is that his race is treated differently, and subjected to cruel and unjust laws. This
was the beginning of his career in politics. Later in his years, he learned that the land on Murray
Island, which he

The Separation Of Powers Doctrine
Introduction
Law is a system of rules that are enforced through social institutions to govern behavior. (Robertson,
Crimes against humanity, 90).Laws can be made by a collective legislature or by a single legislator,
resulting in statutes, by the executive through decrees and regulations, or by judges through binding
precedent, normally in common jurisdictions. The doctrine of separation of powers
The doctrine of the separation of powers is an important principle in Constitutional law. The
separation of the legislature is the power to make laws; the executive is the power to administer the
laws; and the judiciary is the power to interpret and enforce laws that is constructed through the
Commonwealth of Australia.
(https://www.murdoch.edu.au/School–of–Law/_document/WA–jurist–
documents/WAJ_Vol3_2012_Greenfeld–––The–Asymmetry–of–the–Separation–of–
Powers.pdf)downloaded on 22/03/2016)
Constitution Act ('the Constitution').1
The separation of powers doctrine states that each arm of the government should be separate from
each other and not exercise the powers or functions of the others.2 Though the Australian
government does not strictly comply in the separation of powers because the

Meriam People Case Summary
(a) The relationship between the parties in the case
In 1982, five Murray Islanders begun action against the government of Queensland pursuing
assertions of rights to the use and enjoyment of traditional land that had been uninterruptedly
occupied by the Meriam people before and since the takeover by the defendant government.
(b) The primary issue determined by the case
The primary issue that the High Court was asked to consider within Mabo was whether the Meriam
people essentially had native rights in the Murray Islands, and if the people did in fact have these
pre–existing rights, whether the Australian law should guard these rights and interests and thus
allow the Meriam people legal recognition to the land in question. (c) A summary of the reasons of
Brennan J. on the primary
To justify title Justice Brennan J. asserted that a community or group of Indigenous inhabitants must
show their ongoing connection to the land which is maintained through continued acknowledgment
and practice of the laws ... Show more content on Helpwriting.net ...
also discussed the relevance of the rejection of universal and absolute ownership. He discussed the
idea that the Crown had 'absolute ownership of, legal possession of an exclusive power to confer
title to, all land in the Murray Islands.' So to was the idea considered that the doctrine of tenure was
complete, such that every segment of land which was acquired by England was held 'mediately or
immediately of the King who is the Lord Paramount'. Brennan J. concluded that 'the doctrine of
tenure applies to every Crown grant of an interest in land, but not to rights and interests which do
not owe their existence to a Crown grant'. Thus, it was accepted by the majority that the Crown in
fact acquired a radical title – as opposed to an absolute title – upon the acquirement of any land, and
that this radical title would be subject to native title rights in the occurrence that the appropriate
native title rights had not been reasonably or formerly

Land Rights in Australia Essay
This essay is about the land rights of of Australia and how Eddie Marbo was not happy about his
land been taken away from him. In May 1982 Eddie Marbo and four other people of the Murray
Islands began to take action in the high court of Australia and confirming their land rights. Eddie
Marbo was a torres islander who thought that the Australian laws were wrong and who went to fight
and try and change them. He was born in 1936 on Mer which is known as Murray Island. The
British Crown in the form of the colony of Queensland became of the sovereign of the islands when
they were annexed in1978. They claimed continued enjoyment of there land rights and that had not
been validly extinguished by the sovereign. (Australian Bureau of Statistics ... Show more content
on Helpwriting.net ...
Marbo did not just give up on this and he kept on trying to get his land rights and get other rights for
indigenous people of Australia.
There was a lot of significant things that happened in the Marbo decision. Marbo changed a lot of
the rights for the Australian indigenous people. He got the land rights and human rights back for
them. It still wasn't easer for Mabo to win his rights though because they wanted to mine his land
and make money out of it. In the year 1993 Federal Pavement had passed the Native Title act which
had established legal framework for the native claims through out the country. Unfortunately Eddie
Marbo was not around to see his victory. He had died of cancer and he was fifty five years old. It
was just before the high courts decision.There were two of the five Murray Island plaintiffs were
alive by the time when the ruling was handed down. The third anniversary was held at Eddies grave.
Eddie Marbo's body went back to the Murray Islands were he lived most of his life.
(Patrick Hatch,2013)
When the decision went through the indigenous people had there rights they could stand on. They
could have there own rights to have there land and have there rights to live and have the right
treatment in this world. It was not fair how the governments also ripped the children away from
there families as well. The Marbo decision was a very significant and a very important moment in

Indigenous Speeches: Exploration of the Mabo Case, Stolen...
Exploration of the Mabo Case, Stolen Generation and Reconciliation Both Keating's and Rudd's
speeches are firmly based on the ideas of recognition and reconciliation for the wrongs that
European settlers, and their decedents, have inflicted on Indigenous Australians. To explore this idea
I believe that it is necessary to take a closer look at both the plight of Eddie Mabo and the stories of
the Stolen Generation. The Mabo Case Eddie Mabo is widely known for his plight to regain land
rights for both Aboriginal and Torres Strait Islander people. In 1982, along with four other Meriam
people from Murray Island, he initiated legal proceedings in the Queensland Supreme Court
claiming customary ownership of their lands on Murray Island. This ... Show more content on
Helpwriting.net ...
5). Few managed to find themselves being adopted into loving and nurturing white families, but
these children still suffered great losses such as loss of language and connection to country. The act
of child removal was not only damaging to the children but also to their families, communities and
country. Families, in particular mothers, were put through immense grief when their children were
taken away for 'a better life'. I believe the best was to illustrate this is to engage with the stories of
those who experienced the trauma. When Margaret Tucker and one of her sisters were removed,
their mother completely broke down. Margaret's recollection puts into perspective just how much
grief was left behind. She wandered off the road to rest in the long grass under a tree. That is where
old Uncle and Aunt found her next day. They found our mother still moaning and crying. They
heard the sound and thought it was an animal in pain. Uncle stopped the horse and got out of the
buggy to investigate. Auntie heard him talking the language. She got down and rushed to old
Uncle's side. Mother was half–demented and ill. They gave her water and tried to feed her, but she
couldn't eat. She was not interested in anything for weeks, and wouldn't let Genevieve out of her
sight. She slowly got better, but I believe for months after, at the sight of a policeman's white helmet
coming round the bend of the river, she would find her little girl and escape into the bush, as did all
the

How Did The Constitution Unite Australia

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