...Enjoyment of their human rights...
Justice Brennan in Mabo v Queensland [No.1] explained that:
'Until recent times, the political power to dispose of land in disregard of native title was exercised so as to expand the radical title of the Crown to absolute ownership, but, where that has not occurred, there is no reason to deny the laws protection to the descendants of Indigenous citizens who can establish their entitlement to rights and interests which survived the Crown's acquisition of sovereignty. Those are rights and interests which may now claim the protection of s 10 of the Racial Discrimination Act 1975 (Cth) which clothes the holders of traditional native title who are the native ethnic group with the same immunity from legislative interference with their enjoyment of their human rights to own and inherit property as it clothes other persons in the community.'
'Until recent times, the political power to dispose of land in disregard of native title was exercised so as to expand the radical title of the Crown to absolute ownership, but, where that has not occurred, there is no reason to deny the laws protection to the descendants of Indigenous citizens who can establish their entitlement to rights and interests which survived the Crown's acquisition of sovereignty. Those are rights and interests which may now claim the protection of s 10 of the Racial Discrimination Act 1975 (Cth) which clothes the holders of traditional native title who are the native ethnic group with the same immunity from legislative interference with their enjoyment of their human rights to own and inherit property as it clothes other persons in the community.'
Keywords: Brennan, Justice Gerard, Mabo Case, Mabo v Queensland No.1, Queensland, Racial Discrimination Act , 1975 , 1988
Mabo v Queensland [No.1] (1988) 166 CLR at 219, Justices Brennan, Deane and Toohey. Still: Sir Gerard Brennan. Courtesy of High Court of Australia.
Author: Strelein, Lisa
Source: Brennan, Justice
Author: Strelein, Lisa
Source: Brennan, Justice