Court approves that aboriginal people should not be treated under racial discrimination and the people should not be ignored as inferior community. In a way it can be stated here that there was an end to the era terra nullius in the court’s decision of Mabo case.
However, the recognition of native title, symbolic recognition of aboriginal people, have been given more importance basing on the sovereignty of the nation which states that every community has a right to carry on its traditions and customs and by virtue of residing in a territory for a longer period of time, land title can be obtained even in spite of the fact that there is a racial discrimination, inferior and low development in some tribal communities. This historic decision issued by court of Australia has uplifted and honored the Australian legal system and also protected the human rights to land title.
5. Social Justice to the black community “Courts cannot openly challenge the legitimacy of the state that gives them their authority. Also, as Mabo made all too clear, they cannot render judgments that are too out of tune with public sentiments without being subject to attack and risking provoking legislation that negates the intended effect of their rulings. Russell is to be applauded for telling the crucial Mabo story so well and in a way that has resonance well beyond Australia. ” (Arthur J Ray. (2007).
Recognizing Aboriginal Title: The Mabo Case and Indigenous Resistance to English-Settler Colonialism. ) Social justice was the prime concentrated area for court’s decision in Mabo case. Although the white community in Australia questioned the court’s decision, stating that lot of injustice has been done to white Australia which is the fairest community in the world and on the other side, court’s decision of black community in Australia caused a huge disappointment and outrage for the white community in Australia.
From a common man point of view, this is also correct, with the fact that, giving a possession of land and native title develops other black communities and there is a scope for other such migrated community to gain native title in Australia while most of the Australia is occupied by white community whereas this is unacceptable under Racial Discrimination Act 1975 which states that there should not be racial discrimination which is included in Section 7 of the Native Title Act 1993. 6. Conclusion
From a global demographic point of view, many do not accept a fact that Australia has a black history by virtue of aboriginals in Torres Strait Islands whereas this has been witnessed in Mabo case v Queensland (No. 2) and the Australian court has discharged its duties in passing a favorable judgment while protecting the nation’s sovereignty and fraternity. References Arthur J Ray. (2007). Recognizing Aboriginal Title: The Mabo Case and Indigenous Resistance to English-Settler Colonialism. Review of medium_being_reviewed title_of_work_reviewed_in_italics.
BC Studies,(154), 137-139. Retrieved April 7, 2009, from ProQuest Education Journals database. (Document ID: 1364849791). Constitutional Issues and the Native Title Act (1993) (Cth) R. D. Lamb Native Title Act and International Law, Garth Netheim Paul Burke. (2007). Recognising Aboriginal Title: The Mabo Case and Indigenous Resistance to English-Settler Colonialism. Review of medium_being_reviewed title_of_work_reviewed_in_italics. The Australian Journal of Anthropology, 18(2), 240-242. Retrieved April 6, 2009, from Academic Research Library database.
(Document ID: 1474826401). Ulla Secher. (2005). THE MABO DECISION – PRESERVING THE DISTINCTION BETWEEN 'SETTLED' AND 'CONQUERED OR CEDED' TERRITORIES. University of Queensland Law Journal, 24(1), 35-71. Retrieved April 7, 2009, from Academic Research Library database. (Document ID: 902552541). Internet web sites Aboriginal Provisional Government, The Mabo case Retrieved 30 March 2009 http://www. kooriweb. org/apg/papers7. htm Indigenous land rights and native title Retrieved 30 March, 2009 http://www. dfat. gov. au/facts/indigenous_land_rights.
html Native Title Act 1993 Retrieved 30 March, 2009 http://www. austlii. edu. au/au/legis/cth/consol_act/nta1993147/ Land and sea rights Retrieved 30 March 2009 http://www. nlc. org. au/html/land_native. html Books Rory Leishman Against Judicial Activism Accessed 30 March 2009 http://books. google. co. in/books? id=9aoPksJ0dj4C&dq=judicial+activism+in+Australia&printsec=frontcover&source=in&hl=en&ei=F53PSbOUAozy6gOat5nYAg&sa=X&oi=book_result&resnum=11&ct=result Rhonda Craven, National Federation Teaching Aboriginal Studies