Mabo v Queensland

Meriam people
Theory of universal and absolute crown ownership stated that if the Murray
islands were considered a part of the British Colony, then it should fall under
English law and therefore the Crown acquired the absolute beneficial ownership
of all the land
Statutory interpretation
However instead of looking at this case through the English law, the court should
have instead looked at it though the common law of Australia.
The Acquisition of Sovereignty
Conquest, cession and occupation of territory that was terra nullius as three of
the effective ways of acquiring sovereignty.
Terra nullius conditions- if the land was uncultivated, no recognisable sovereignty
or government
Unable to declare any rule by which the laws of England became the laws of a
territory which was not a desert uninhabited country declared Terra Nullius

IMPORTANCE OF THE OUTCOME

1.
2.
3.
4.

Recognition of the native title

Indigenous rights
Common Law development
The role of the high court in developing and interpreting law- rule of law
issues

In dualism there is a legitimate expectation to conform to international

conventions/treaties