Mabo v Queensland (No 2) [1992]
(1992) 175 CLR 1 · High Court of Australia · Australia
Issue
Whether the common law of Australia recognizes a form of native title to land, and whether that title could be extinguished by the Crown's grant of land to others.
Held
The High Court held that native title exists at common law and is recognized by the Crown, but may be extinguished by valid government action; the Crown's radical title does not confer absolute ownership.
Exam use
Summary
Whether the common law of Australia recognizes a form of native title to land, and whether that title could be extinguished by the Crown's grant of land to others.
Facts
Issue
Whether the common law of Australia recognizes a form of native title to land, and whether that title could be extinguished by the Crown's grant of land to others.
Held
The High Court held that native title exists at common law and is recognized by the Crown, but may be extinguished by valid government action; the Crown's radical title does not confer absolute ownership.
Ratio Decidendi
Native title in post-colonial legal systems is a recognized pre-existing right that survives the Crown's acquisition of sovereignty unless validly extinguished by legislation or incompatible Crown grant.
Reasoning
Essay-Ready Explanation Generator
Version 1 of 4
Reference to Mabo v Queensland (No 2) ((1992) 175 CLR 1) strengthens a Post-Colonial Legal Systems answer because the case reflects the principle that Native title in post-colonial legal systems is a recognized pre-existing right that survives the Crown's acquisition of sovereignty unless validly extinguished by legislation or incompatible Crown grant. Applied to a problem question, the case should be used after identifying the issue as Whether the common law of Australia recognizes a form of native title to land, and whether that title could be extinguished by the Crown's grant of land to others. The stronger essay move is to connect the material facts to the court's holding, then explain whether the present facts support the same conclusion or justify distinguishing the authority.
Underlying Concepts
- post-colonial-legal-systems
- Post-Colonial Legal Systems
- Native Title Doctrine; Post-Colonial Land Rights
- case authority
- exam application
Significance
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Exam Tips
Revision Checklist
- Name the issue before discussing facts so the marker sees the legal question immediately.
- State the holding in one sentence, then use the ratio to explain why the court reached that result.
- Use the citation and jurisdiction to show why this authority matters for the problem you are answering.
- Pair this case with one supporting or contrasting authority if the question tests limits, policy, or exceptions.