Australia Based On The Doctrine Of Terra Nullius - 1416 Words

Introduction The Europeans settled in Australia based on the doctrine of terra nullius. This meant that they did not formally recognize the existing Indigenous Australians and their ancestral land. Subsequently, the Aboriginals and Torres Strait Islanders were excluded from matters concerning their ancestral land during the drafting of the Australian constitution. Thus, resulting in an Australian constitution that discriminated against its first peoples, their connection to the land, culture and laws. â€Å"The Indigenous people we subjugated to the laws and customs of England, the Australian constitution ignored claims to land and Indigenous sovereignty. They were also subject to discrimination that was formally written in the Australian constitution. This essay analyses the key issues that discriminate against indigenous Australians, and the various measures initiated to reconcile this relationship. Body In order to assess the level of the recognition required to reconcile the relationship, it is essential to examine how far the recognition should be extended to. In 1992, the High Court of Australia made a landmark ruling in Mabo . This overturned the doctrine of terra nullius, by identifying the existence of Indigenous peoples and their rights through Native Title. The Native Title Act recognized codified the common law precedent the following year. Overturning of the doctrine of terra nullius meant questions aboriginal sovereignty as the first peoples of the land.Show MoreRelatedLaw Reform on Native Title920 Words   |  4 Pagescontinuity in pre-colonisation societies with a distinct culture now a minority in society today†. Throughout history and times of colonization change has been seen in a plethora of ways. 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