Ask a question from expert

Ask now

LWA113 Customary Law | Aboriginal Law

7 Pages1465 Words343 Views
   

Charles Darwin University

   

Customary Law (LWA113)

   

Added on  2020-02-24

About This Document

The purpose of a model is recognition of Aboriginal law by the legal system of the Northern Territory of the Commonwealth of Australia that you consider would be most appropriate and explain why. In this paper, we will also compare and contrast the situation in Australia with relevant aspects of legal pluralism in Indonesia.

LWA113 Customary Law | Aboriginal Law

   

Charles Darwin University

   

Customary Law (LWA113)

   Added on 2020-02-24

BookmarkShareRelated Documents
Running Head: RECOGNITION OF ABORIGINAL LAWRecognition of Aboriginal LawName of StudentName of University
LWA113 Customary Law | Aboriginal Law_1
RECOGNITION OF ABORIGINAL LAW2The Aboriginal law of Australia is the customary law of Australia which is comprised of those customs which are being practiced by the Aboriginal societies of Australia for a very long time. These laws govern the human conduct and command punishments for its contravention. The Aboriginal law is different from the Australian law as the former governs all the aspects of the life of Aboriginal people while the common law system of Australia does not governs people on all the aspects of life for example their personal laws which cover marriage and divorce laws. The conflict between the two laws sometimes makes the people from the Aboriginal community to make a decision which results in contravention of either of the two laws.1 However, gradually the laws of all Aboriginal communities have been altered such that in case of conflict between the two laws the common law of prevails. The Australian legal system identifies Aboriginal laws but does not gives them importance over the common law of Australia.Notwithstanding the recognition given to the existence of customary law in Australia, people of Indigenous community are restricted to argue the common law cases, due to a number of legal complications. Not much reliance is laid on Aboriginal law in Australian courts because the common law only recognizes its existence.The Aboriginal law is the tradition of Indigenous people of the Northern Territory and is an important source from which they derive their rights and duties.2 The question of acknowledgment of the Aboriginal law is in debate in the Northern Territory since a very long 1 Danial Kelly, The Black and White of Wunungmurra, (2012) 2 NTLJ 227 <http://customarylawproject.yolasite.com/resources/NTLJ%20Vol%202%20No%204_Danial%20Kelly%20Article.pdf>.2David Moore, "Unfriendly terms in court: Aboriginal languages and interpreting in the Northern Territory."Indigenous Law Bulletin8.12 (2014): 8-10.
LWA113 Customary Law | Aboriginal Law_2
RECOGNITION OF ABORIGINAL LAW3time.In the Northern Territory, certain legislations and courts have mentioned customary laws where such law is expedient in recognizing relationships or societal expectations.In 1897 the Aboriginal Protection and Restriction of the Sale of Opium Act was enacted. The Act gave powers to the Minister to remove, detain and relocate the aboriginal people to reserves and gave permission the Minister to make additional guidelines to control the acts of theaboriginal people. Police was also given power to bestow “retributive justice" to the people of Aboriginal community. The consequences of the enactment of this statute was that many people of Indigenous communities died while conflicting with the police.At this point the government thought that the Indigenous community was headed for disappearance, and announced measures to segregate the Indigenous community from the societyat large. The government took charge for Indigenous people, compelling them to live on specially designated reserves for Aboriginal community. The policy of the government soon shifted from protection of Indigenous people to their integration into non-indigenous communities.The Indigenous communities are the original owner of the territory. The State is the stranger. International morality recommends a guest should respect the host. These communities have been exposed to racial discrimination all over the world, and even today they continue to bediscriminated.33 Prof. Dr. Ida Bagus Wyasa Putra Dr. Danial Kelly, The existence of traditional community in the modern state and the global world: The experience of Indonesia in governing its traditional community. (2017) <https://online.cdu.edu.au/bbcswebdav/pid-2418047-dt-content-rid-7589332_2/courses/LWA113_SP2_2017/Indonesia%20Bali%20course%20material%202017.pdf>
LWA113 Customary Law | Aboriginal Law_3

End of preview

Want to access all the pages? Upload your documents or become a member.

Related Documents
Northern Territory Intervention
|9
|2481
|89

Policy Regarding Indigenous People in Australia Assignment 2022
|8
|2013
|14

Indigenous Australian Cultures
|8
|2320
|477

Re-conceptualization of Aboriginal Sovereignty in Australia
|9
|2300
|24

Recognition of Indigenous Australians in the Federal Constitution
|10
|2743
|56

Property Law Mail : Impact of a Native Title Determination of Business
|5
|1140
|15