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The Mabo Case Was Initially Sees as a Revolution in Australian Law, but Its Legal Effects Have Turned out to Be Largely Illusory. Discuss This Statement

Autor:   •  January 10, 2012  •  Case Study  •  1,396 Words (6 Pages)  •  2,007 Views

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The Mabo case was initially sees as a revolution in Australian law, but its legal effects have turned out to be largely illusory. Discuss this statement

2000 words

Introduction:

Social Injustice arises from the distinguished treatment and unfair acts against a society in its divisions of rewards and burdens. The concept is distinct from those of justice in law, which may or may not be considered moral in practice. Social Injustice can be traced back to the beginning of civilization and has always existed as an atrocious issue in our society by others distinct of one another due to living differences. Many attempts and reforms have occurred in hopes of eliminating social injustice and much progress has been achieved since the past years. People have always split people in different groups; this split is usually done on the basis of things that can easily be seen, like on accessories owned by individuals. 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 fighting for the right to own land that. Throughout this essay, many questions relating to the Mabo case will be answered due to the investigation and research effort used all over to answer the main key statement; “How was Australia’s Law affected by the Mabo case, and what consequences have arisen from this?”, various of secondary questions that have been mentioned in the research task will also be included be analysed and debated throughout this essay to converse the rights of all people of the public who are being positioned in the same situation.

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Overview of the Mabo Case

Before beginning it is necessary to trace the history of the Eddie Mabo Case.

The first argument that will be discussed is how the Eddie Mabo Case has affected Australian Law.

In order for the Eddie Mabo Case to be discussed it is important to understand what the judgement of the case was and How was Australia’s Law affected by the Mabo case, and what consequences have arisen from it. A brief overview of the Mabo vs Queensland Case will be presented before the topic statement can be taken further. In 1982 a group of Torres Strait Islanders led by a community leader named Eddie Mabo sued the state of Queensland for social injustice in land rights. The islanders made it clear to everyone that; since they have lived in the Murray Islands before the Europeans came to Australia they were entitled in owning the three small islands off the coast of north eastern Australia in the Torres Strait.

After numerous rulings and appeals in lower courts, the High Court ruled in favour of Mabo on June 3, 1992. During the ruling, the court

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