Aboriginal customary law emphasises harmony, entwines the land and the people and ensures surviving. It looks towards the needs of the tribe much like the common law looks towards the needs of society and uses that as the basis for its decisions. However unlike common law, aboriginal customary law is unwritten, unchanging and can vary between the many different indigenous tribes – “there are over 500 indigenous nations in Australia with different cultures, languages and needs”. Consequently, due to the wide spread vast amount of indigenous nations, it would be merely impossible to add just one set of aboriginal customary laws and that one set would have to remain unchanged leaving no room for reform in order to aid the community when scrutiny over the matter occurs. The customary law is also unrecorded and would become diff...
... middle of paper ...
... other legislation and institutions have successfully improved the gap between Indigenous and non-Indigenous Australian’s promoting change, harmony and providing support. The Australian government aim to improve social inadequacies and although the results at times may be limited are ultimately improving Non indigenous and Indigenous Australian’s relations as well as improving the social position of Indigenous Australian’s. Thus recognition of customary law is not essential to improving the status of indigenous Australians and the proposal itself provides the possibility of negative outcomes which could perhaps worsen their status and lead to a decline in their social position.
Michael Sanson et al, Connecting with the law (Oxford University Press, 2d ed, 2010)
Catriona Cook et al, Laying down the law (LexisNexis Butterworth’s, 2012) 79.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- Consequently, after colonisation the meaning of land rights for Indigenous Australians changed. Land rights now referred to the continual legal exertion to reclaim ownership of the land and waters that was called home prior to British colonisation (Creative Spirits, 2011). Australian Museum (2015) and Creative Spirits (2011) acknowledge the struggle to gain legal recognition and ownership of Indigenous land is difficult and expensive. Furthermore, the history behind the struggle in earlier years often resulted in violence as Indigenous Australians were dispossessed of their land (Australian Museum, 2015).... [tags: Australia, Indigenous Australians, Native title]
1635 words (4.7 pages)
- Until the late 1970s, the regularity in which Indigenous Australians appeared before criminal courts was largely accepted as unavoidable by those involved in the administration of justice (Hanks & Keon-Cohen, 1984). However, the turn of the century brought with it an uprising of attention and research into this troubling relationship. Suitably, this essay intends to argue that Indigenous Australians are overrepresented in prisons and that the current policy initiative of Specialist Indigenous courts are effective in reducing this problem as shown by the decline in Indigenous incarceration rates following their implementation.... [tags: Indigenous Australians, Indigenous peoples]
1277 words (3.6 pages)
- Indigenous Australian land rights have sparked controversy between Non Indigenous and Indigenous Australians throughout history. The struggle to determine who the rightful owners of the land are is still largely controversial throughout Australia today. Indigenous Australian land rights however, go deeper than simply owning the land as Aboriginal and Torres Strait Islanders have established an innate spiritual connection making them one with the land. The emphasis of this essay is to determine how Indigenous Australian land rights have impacted Aboriginal and Torres Strait Islander people, highlighting land rights regarding the Mabo v.... [tags: Australia, Indigenous Australians, Native title]
1722 words (4.9 pages)
- Aboriginal customary law and European law have been at odds since the first years of the European invasion, but only recently has the clash come into the open. Stuart MacMillan of the Aboriginal Resource and Development Services in the Northern Territory says that remote Aboriginal communities there and in Western Australia, South Australia and Queensland see no reason why they should submit to "whitefella law". The governments of the Northern Territory and Western Australia are investigating how indigenous law can be incorporated into state law.... [tags: essays research papers]
2499 words (7.1 pages)
- Exploration of the Mabo Case, Stolen Generation and Reconciliation Both Keating’s and Rudd’s speeches are firmly based on the ideas of recognition and reconciliation for the wrongs that European settlers, and their decedents, have inflicted on Indigenous Australians. To explore this idea I believe that it is necessary to take a closer look at both the plight of Eddie Mabo and the stories of the Stolen Generation. The Mabo Case Eddie Mabo is widely known for his plight to regain land rights for both Aboriginal and Torres Strait Islander people.... [tags: european settlers, stolen generation ]
1838 words (5.3 pages)
- This essay will argue that Aboriginal and Torres Strait Islanders are justified in their wariness of white institutions and social welfare, given their history and experiences with such institutions. Aboriginal and Torres Strait Islanders have been significantly impacted by approaches to social welfare and policies introduced by the Australian Federal Government. An example of this is the Northern Territory Emergency Response, launched in 2007 by the Howard Government and imposed without any collaboration or consultation with Indigenous communities (Hunter 2008; Watson 2009).... [tags: Indigenous Australians, Australia]
1202 words (3.4 pages)
- Australian Aborigines For Aborigines, Australia was a marginally better place in which to live in 1945 then in 1900. At the turn of the century, the Australian state governments neither had a uniform nor clear Aboriginal policy. Treatment of Aborigines was consequently decided by society’s individual attitudes, not law. While many people (white) were aggressive towards Aborigines till well past 1945, a general more sympathetic attitude towards them started to slightly ease the strong oppression they were shackled by.... [tags: Papers]
2538 words (7.3 pages)
- Police discretion is the power to make a decision on a police officer’s own judgement. These decisions can range from how serious they think a domestic violence complaint is or if they should pursue a minor offence such as racism toward themselves. The ability to make decisions like these leaves a clear indicator as to why Aboriginal and Torres Strait Islander peoples are over represented in the Australian criminal justice system. Many factors related to discretionary decision making are responsible for this representation.... [tags: Indigenous Australians, Indigenous peoples]
2349 words (6.7 pages)
- The National Indigenous Television is designed for all Australians; this channel is especially made by and for Australian Indigenous people. From its beginnings in 2007, NITV aims to provide an informative and educational network for all its audiences, both Australian Indigenous and non-Australian Indigenous. The channel provides a voice for the Indigenous, by educating the wider community with a “rich diversity of cultures, languages, and talents”. (NITV, 2015). NITV has a wide range of programs like the NITV News, kids shows, and documentaries.... [tags: Australia, Indigenous Australians]
2184 words (6.2 pages)
- Indigenous Australians are defined as inhabitants of the land prior to colonization of Australia (Mooney, 2013). For the purpose of this paper indigenous Australians health and leisure will be further explored. Leisure and health are important components an individual must maintain through out their life. Whether an individual participates in leisure is based on mental, social, physical and environmental factors. These factors may be positive influences or negative influences on the group. The health of an individual is based on physiology, unfortunately for indigenous Australians there are particular diseases, which are more commonly diagnosed.... [tags: Indigenous Australians, Australia, Health]
1022 words (2.9 pages)