It is important to always show respect towards the indigenous, acknowledge their laws, their practices and their customs further paying respects to the original custodians of the land. This however does not mean that recognition of aboriginal customary law is essential to improving the status (social position) of indigenous Australians; on the contrary it poses more problems than solutions. Although law is seen as the fabric of existence and intrinsic to living, it is impossible to judge one legal system in terms of another. As such, while there are many positive aspects of aboriginal customary law, which is merely just different and in no means (worse) or (better) than English common law, its enforcement is not essential to improving the status of indigenous Australian’s in society. Many other legal and non-legal remedies have sought and provided better support and status for the indigenous community.
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...
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... 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.
Works Cited
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.
In conclusion, as a cornerstone of Australia legal system, the Mabo case had profound effects on protecting Aboriginal people. After twenty-five years of development, the situation is getting more and more better. However, the government can still have more powerful and forceful measures to improve those people’s
Indigenous People. In evaluating the Legal System’s response to Indigenous People and it’s achieving of justice, an outline of the history of Indigenous Australians - before and during settlement - as well as their status in Australian society today must be made. The dispossession of their land and culture has deprived Indigenous People of economic revenue that the land would have provided if not colonised, as well as their ... ... middle of paper ... ...
Their main vision is to empower the idea of a shared country and encourage opportunities for growth. With the perplexed requirements set out by the Native Title Act, this tribunal has helped claimants by providing legal aid to increase the chances of regaining lost land. For example, the Wik Peoples v Queensland (1996) 187 CLR 1 case was successful in recognising the lost land of the Wik people of Cape York. “They claimed native title over land that had previously been leased by the State Government to farmers for pastoral use” (Woodgate, Black, Biggs & Owens, 2011, p.354). The court then decided by a 4:3 majority that pastoral leases did not necessarily extinguish native title. This means that, in some cases, native title rights will co-exist with the rights of the pastoralists. Therefore, through progression and more native title cases heard, the laws surrounding the Native Title Act will adapt to further assist the Indigenous Australians in reclaiming their land. For instance, the processes surrounding Native Title issues are constantly being refined. As more and more people and political parties become aware of this process, the easier court litigation will become (Dow, 2002)
Of the 8 successful, the 1967 referendum which proposed the removal of the words in section 51 (xxvi) ‘… other than the aboriginal people in any State’ (National Archives of Australia ND), and the deletion of section 127, both, which were discriminative in their nature toward the Aboriginal race, recorded a 90.77% nationwide vote in favour of change (National Archives of Australia, 2014). As a result, the Constitution was altered; highlighting what was believed to be significant positive political change within Indigenous affairs at the time (National Archives of Australia, 2014). Approaching 50 years on, discussion has resurfa...
An issue facing society is whether the Native Title Act 1993 (Cth), is sufficient in balancing the rights of Indigenous Australians and the rights of current land owners. To determine whether legislation is sufficient and fair, an investigation into the current societal view points needs to be considered by legislators, with an evaluation into the ways in which other societies cater to the needs of Indigenous land owners should be made. This information then allows recommendations and changes to be debated, to therefore to ensure more equitable legislation on land rights within Australia.
During the late sixteen century, when the first fleet arrived to Australia and discovered the free settlers or known as Australian Indigenous inheritors (The Aborigines), the community of aboriginal inhabitants since then have experienced vast levels of discrimination and racism against their gender, race, colour and ethnicity. The term over representations refers to the presents of minority or disproportionate ethnic aboriginal groups represented in the criminal justice system (CJS). This essay will further explain the relationship between aboriginal communities and policing discussed in Blagg (2008) and Cunneen (2007, the three major sources of concern in association to aboriginal over representation in CJS which include; systematic bias,
Though initially his decision was criticized, Thomas Jefferson 's pursuit of the Louisiana Purchase doubled the size of the United States, as well as impacted the economy, religion, and race of the nation.
Despite these small problems, the native title is an effective aspect of our common and statute law, which strives to achieve fair results for all citizens. Today we understand that the aboriginal’s form of ownership of the land extends back more the 40,000 years, which is recognised in the Australian Native Title. This important aspect of Australia’s common and statue law should be further taught in schools, universities and to the community because of its ongoing political, social, cultural and legal significance. Native title was adopted not only to benefit indigenous citizens but also the Australian society as a whole.
• Many people believe that Thomas Jefferson’s desire to acquire land exceeded executive powers established under the constitution. However, the United States is a growing nation, and I experienced this growth as secretary of state for Mr. Jefferosn. This chart represents the population of the United States from when the first census was preformed until the projected numbers for the 1820 census. As you can plainly see, the number of people in the United States is growing by 2-2.5 million people per decade. There is not enough land to support these numbers, but buying the Louisiana Purchase added plenty of space for our nation to continue growing. Population density will be at a low for the time being thanks to westward expansion. The Louisiana Purchase will also add to our agrarian economy, which is supported by Republicans.
In 1803 the United States would make the largest and possibly most controversial land purchases in American history, the Louisiana Purchase. During the years leading up to this event the United States was still trying to solidify a national identity. There were two subjects that were causing for division of the new national identity, one being westward expansion. The Northern states and Federalists opposed the idea of westward expansion while the Southern States and the Jeffersonians backed this purchase. Although there was a struggle for a single national identity and this controversial purchase did not aid in finding that single identity, it was still the right decision for the United States. By purchasing this land from the French the United States would not share a colonial boundary with the French who were continuing to gain power under Napoleon. Purchasing the Louisiana Territory would prove to be beneficial for the United States for more reason than one.
Australian indigenous culture is the world’s oldest surviving culture, dating back sixty-thousand years. Aboriginals and Torres Strait Islanders have been represented in a myriad of ways through various channels such as poetry, articles, and images, in both fiction and non-fiction. Over the years, they have been portrayed as inferior, oppressed, isolated, principled and admirable. Three such texts that portray them in these ways are poems Circles and Squares and Grade One Primary by Ali Cobby Eckermann, James Packer slams booing; joins three cheers for footballer and the accompanying visual text and Heywire article Family is the most important thing to an islander by Richard Barba. Even though the texts are different as ….. is/are …., while
Before Thomas Jefferson ever entered the presidency, he believed in the “Empire of Liberty.” He wrote in a letter to a friend that “Our confederacy must be viewed as the nest from which all America, North or South, is to be peopled.” His motives for the intense eye on American expansion were greatness for his country, as well as for himself. He was disgusted with the idea of North America being divided into nation-states like Europe. His goal was for the ideals of the American Revolution to spread over the whole continent. He passed and helped pass some of the legislation that helped early America expand. He co-authored the Northwest Ordinance of 1787, which allowed for states to be made from the territory east of the Mississippi and north of the Ohio River. Jefferson’s desire for exploring the lands west of the Mississippi had been around for fifty years. Jefferson’s father was a member of the Loyal Land Company. After American Independence, there were four plans to explore the west; Jefferson was behind three of those plans. The Louisiana Purchase divided the political country, before and after the actual purchase. I intend to show these sides by examining documents from Jefferson, his colleagues, and the opposition to the Purchase, as well as international deterrents to the Purchase.
Compare and contrast the arguments that have been advanced for and against the incorporation of Aboriginal and Torres Strait Islander Law in the criminal justice system.
France had control over the Louisiana Territory, but Napoleon Bonaparte needed money to prepare his troops for the upcoming war with the British. In 1802, Spanish authorities, apparently acting under French orders, revoked a U.S.-Spanish treaty that granted Americans the right to store goods in New Orleans. In response, President Jefferson sent James Monroe to Paris to aid Livingston in the New Orleans purchase
Since the time of federation the Aboriginal people have been fighting for their rights through protests, strikes and the notorious ‘day of mourning’. However, over the last century the Australian federal government has generated policies which manage and restrained that of the Aboriginal people’s rights, citizenships and general protection. The Australian government policy that has had the most significant impact on indigenous Australians is the assimilation policy. The reasons behind this include the influences that the stolen generation has had on the indigenous Australians, their relegated rights and their entitlement to vote and the impact that the policy has had on the indigenous people of Australia.