Mabo Vs Queensland Essay Example | Topics and Well Written Essays - 1500 words

Mabo Vs Queensland - Essay ExampleAs such, the successive governments had made no endeavour to evince a system of national land rights. This undesirable situation was rectified by the Australian highschool butterfly, which relied upon its constitutional authority to declare land rights (Keon-Cohen, 2000 893).The decision in Mabo (No 1) in conjunction with international commitments to racial equality and the just terms protection under the Australian Constitution, and the national bill for compulsory acquirement of native title, engendered new property rights. The Mabo (No 2) decision provided various opportunities to the government to ensure land justice (Keon-Cohen, 2000 893).However, these opportunities were emaciated by the government. A political solution to this issue was made available in the federal, State, and Territory statutory turning aways relating to land rights (Keon-Cohen, 2000 893). However, these schemes have effectively distorted the judgement in Mabo (No 2) an d served to distance it from the common law.The extant political solutions for this long standing national issue are irrational, and it is in this depressing environment that the High Courts judgement proves to be welcome. Moreover, the legislative solutions, in respect of this predicament have proved to be defective and there are serious administrative lapses in the implementation of the legislative solution (Keon-Cohen, 2000 893). The scheme provides more opportunities to Crown grantees rather than the indigenous people and makes no attempt to reconcile the differences between the bear upon parties.The Mabo decision served to rescind the principle of terra nullius. This doctrine enabled the Crown to appropriate property that was uninhabited. However, this principle was extended by the common law to apply to the lands of the indigenous peoples. This unjust act was sought to be justified by the falsely claiming that the Aboriginals were uncivilised barbarians, and that there was no thing amoral in