The Impact of Mabo on Australian Law and Indigenous Sovereignty

Property Law

Question
The concern of Justice Brenan with its preservation is a crucial constraint on the embrace of
Mabo of international law. It is not clear entirely what principle forms the skeleton part of the
Australian law.International law is found to be influencing the development of common law.
1995 Teho case sparked alarm due to the relationship account between domestic and
international law. Large number of high court in Mabo held that the non implemented and
ratified treaty can be utilized as the guide for the growth of common law. The decision was
being impacted as improper and radical by different commentators1. Justice Deane and
Justice Mason said that the technique of depending on the unimplemented treaty is for
developing the common law. The court can be more reluctant to depart from its own earlier
decisions. The order and peace of the Australian society are being developed on the legal
system. The things can be modified in order to bring into conformity with the notion of
human rights and justice but cannot be destroyed. Thus, it is not possible for distinguishing
between the cases which show a skeletal principle and the one which does not. However, no
case can be commanded unquestioning if the rule shows serious offends damaging the values
of human rights and justice. If a rule of the common law is depicted in the previous cases
then the question arises that whether the following rule should be applied and maintained.
When such a case arises then it is essential for assessing whether the specific rule is a
necessary doctrine of the legal system and if the rule can be overturned2.
The Indigenous sovereignty assertion had become a threat to the country and its territorial
integrity where languages were being framed to enable indigenous people to appear as a
separatist. The government of Australia had consistently been able to oppose any support for
the Indigenous Sovereignty by showing an argument with less associated with the cultural
1John Robert Allison and Robert A Prentice, Business Law (University Co-Op, 5th ed, 2009).
2Robert W Emerson, Business Law (Barrons Educational Series, 3rd ed, 2016).
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