The Mabo Decision (3 Mai 1982 Jahr – 3 Jun 1992 Jahr)

Beschreibung:

In May 1982, a group of Meriam from the Eastern Torres Strait led by Eddie Koiki Mabo lodged a case with the High Court of Australia for legal ownership of the island. On 3 June 1992, the High Court of Australia recognised that the group of Torres Strait Islanders led by Eddie Mabo held ownership of the Murray Island. In acknowledging the traditional rights of the Meriam people to their land, the Court also held that native title existed for all Indigenous people.This landmark decision gave rise to important native title legislation the following year and rendered terra nullius -- the idea that there was nobody living in Australia before British arrival -- a legal fiction.
In 1770, Lieutenant James Cook claimed ownership of the east coast of Australia on behalf of Great Britain.It meant in effect that, according to British law, Australia’s Indigenous population had no legitimate claim to the land on which they had lived for thousands of years. Aboriginal people therefore could not sell land, nor could individuals acquire it. This decision altered the foundation of land law in Australia, and in recognising that Indigenous people in Australia had a prior title to land taken by the Crown since Cook’s declaration of possession in 1770, the Court held that this title exists today in any portion of land where it has not legally been extinguished.
The judgements of the High Court of Australia in the Mabo case No. 2 introduced the principle of native title into the Australian legal system. In acknowledging the traditional rights of the Meriam people to their land, the Court also held that native title existed for all Indigenous people.

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