Mabo v. Queensland (No 2) [1992]
HCA 23, (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 the doctrine of terra nullius applied.
Held
The common law recognizes native title; the doctrine of terra nullius did not apply to inhabited lands; native title survived annexation subject to extinguishment by inconsistent Crown acts.
Exam use
Summary
Whether the common law of Australia recognizes a form of native title to land, and whether the doctrine of terra nullius applied.
Facts
Issue
Whether the common law of Australia recognizes a form of native title to land, and whether the doctrine of terra nullius applied.
Held
The common law recognizes native title; the doctrine of terra nullius did not apply to inhabited lands; native title survived annexation subject to extinguishment by inconsistent Crown acts.
Ratio Decidendi
The acquisition of sovereignty over inhabited territory does not automatically vest absolute beneficial ownership in the Crown; pre-existing indigenous rights may persist under common law.
Reasoning
Essay-Ready Explanation Generator
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Reference to Mabo v. Queensland (No 2) (HCA 23, (1992) 175 CLR 1) strengthens a Transnational Law answer because the case reflects the principle that The acquisition of sovereignty over inhabited territory does not automatically vest absolute beneficial ownership in the Crown; pre-existing indigenous rights may persist under common law. 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 the doctrine of terra nullius applied. 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
- transnational-law
- Transnational Law
- Native title; terra nullius; common law recognition of indigenous land rights
- case authority
- exam application
Significance
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- 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.