Case Study Mabo/Essay Federalism
FEDERALISM
Federalism is a form of government which unites separate political entities, within a national system whilst still retaining their independence (AUSTRALIANPOLITICS.COM, 2011). In this essay it will be discussed that the ‘Mabo Decision’ and the implementation of the Native Title Act, 1993, is an example of this and will be analysed whilst unearthing the challenges and benefits which were exhumed within this historical test case, whilst explaining the impact of the High Court Ddecision.
The Australian system of government is a federal system incorporating characteristics of both the British system and that of the United States. The Australian Constitution provides for a Westminster type parliament, an upper house (Senate) and a Lower House (House of Representatives) with an Executive consisting of elected Members of Parliament. The Senate, however, like its United States counterpart, is representative of the States, with the High Court, similar to the United States Supreme Court, as the judicial annotator of the Australian Constitution and the Federal Government 's legislation.
The courts have also played an important role in developing the common law to provide recognition for various human rights. The most historically challenging example of this was the recognition of Aboriginal native title in the Mabo High Court ruling.
MABO CASE BACKGROUND
The ‘Mabo decision’ was named after the leading plaintiff Edward ‘Koiki’ Mabo in a native title challenge put to the government of Queensland and the Federal government of Australia. The other Murray Islander (Meriam people) plaintiffs were: Celuia Mapo Salee, James Rice, Sam Passi and his brother Father Dave Passi.
On May 20, 1982, the plaintiffs’ statement of claim was lodged at the Brisbane registry of the High Court of Australia. The claims lodged included the rights to both land and sea surrounding the island. The state of Queensland’s jurisdiction ended at the 3 mile limit and the Commonwealth
Federalism is a form of government which unites separate political entities, within a national system whilst still retaining their independence (AUSTRALIANPOLITICS.COM, 2011). In this essay it will be discussed that the ‘Mabo Decision’ and the implementation of the Native Title Act, 1993, is an example of this and will be analysed whilst unearthing the challenges and benefits which were exhumed within this historical test case, whilst explaining the impact of the High Court Ddecision.
The Australian system of government is a federal system incorporating characteristics of both the British system and that of the United States. The Australian Constitution provides for a Westminster type parliament, an upper house (Senate) and a Lower House (House of Representatives) with an Executive consisting of elected Members of Parliament. The Senate, however, like its United States counterpart, is representative of the States, with the High Court, similar to the United States Supreme Court, as the judicial annotator of the Australian Constitution and the Federal Government 's legislation.
The courts have also played an important role in developing the common law to provide recognition for various human rights. The most historically challenging example of this was the recognition of Aboriginal native title in the Mabo High Court ruling.
MABO CASE BACKGROUND
The ‘Mabo decision’ was named after the leading plaintiff Edward ‘Koiki’ Mabo in a native title challenge put to the government of Queensland and the Federal government of Australia. The other Murray Islander (Meriam people) plaintiffs were: Celuia Mapo Salee, James Rice, Sam Passi and his brother Father Dave Passi.
On May 20, 1982, the plaintiffs’ statement of claim was lodged at the Brisbane registry of the High Court of Australia. The claims lodged included the rights to both land and sea surrounding the island. The state of Queensland’s jurisdiction ended at the 3 mile limit and the Commonwealth
References: (Episode Seven, We are no longer shadows) SBS production DVD, 2008. Trevor Graham, DVD, 1989 Mabo the native Title revolution, viewed 1 October 2011