Sovereignty & Ownership Distinguished
The Privy Council decision of 1889 meant that all the laws of Great Britain arrived with the first fleet, and were enforceable in the new colony. These included common law property rights, whose origins went back to feudal times.
So until the 1992 Mabo decision, it was assumed under Australian law, that because the British used terra nullius to claim 'sovereignty' over Australia, this 'land belonging to no-one' principle could also be used to establish 'property rights'.
The High Court needed to re-examine this connection, because today, sovereignty is the domain of international and constitutional law, while questions of land ownership are matters for 'national' laws about property.
Sep, 19, 1995
ceremony, dancing, Las, Mabo, Benny, Mabo, Edward Koiki, Mabo family, Mabo, Maiga, Malo dance, Malo's laws, Mer, Meriam culture, Murray Island, reburial, sacred
colonisation, doctrine of tenure, indigenous Australians, International law, native title, New South Wales, sovereignty, terra nullius
Reynolds On Terra Nullius
Image and Text
annexation, barbarism, British law, International law, ownership, property law, Reynolds, Henry (Prof.), sovereignty, terra nullius, United States of America
Christianity, clans, Malo, Malo's laws, Meriam culture, religion
Malo, Malo's laws, Malo-Bomai, religion, sacred, tag mauki mauki, trespass
Malo & Christianity
Christianity, Malo, Malo's laws, Malo-Bomai, religion, sacred
Native Title & Sovereignty
indigenous people, native title, sovereignty
An Expression Of Sovereignty
Jun, 3, 1992
High Court of Australia, Mabo judgement, native title, self determination, self-government, sovereignty
...Title and Ownership Distinguished...
Attorney-General (NSW) v Brown, 1847 , Australian Court Case, Brennan, Chief Justice Gerard, Common Law, Mabo v Queensland No.2, native title, New South Wales, NSW v The Commonwealth, 1975, ownership, Radical Title, Randwick Corporation v Rutledge, 1959 , sovereignty
Las, Las, Mabo, Edward Koiki, Malo, Mer, Meriam culture, Meriam history, Murray Island, Piadaram, Zogo le
Britain's Acquisition Of Sovereignty
Britain, colonisation, Mabo Case, Mer, plaintiffs, sovereignty
Defining Native Title
aboriginal law, land ownership, native title
Extinguishment of Native Title Continued
claim, extinguishment, land ownership, native title, plaintiffs, Queen Victoria, Radical Title, sovereignty
Pre-Existing Land Rights
land rights, Mabo judgement, native title
Terra Nullius Defined
The Common Law Of England
British law, colonisation, Common Law