Mabo: relationship between the courts and parliament Flashcards
1
Q
How did the Mabo decision alter the foundation of land law in Australia
A
By overturning the doctrine of terra nullius
2
Q
What legal doctrine was inserted into Australian law?
A
Native title
3
Q
What did the judgements in the High Court recognise?
A
The traditional rights of the Meriam people to their islands in the Torres straight
4
Q
What did the court hold about native title
A
That it existed for all indigenous Australians prior to colonisation, thus it exists today
5
Q
What was swiftly followed by the decision in this case?
A
The Native Title Act
6
Q
What was the aim of the native title Act
A
Attempted to codify the implications of the decision and set out a legislative regime
