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Saturday, October 19, 2019

The case of Mabo Essay Example | Topics and Well Written Essays - 2250 words

The case of Mabo - Essay Example The amendment aimed at establishing a strategy of making land grants based on the trust of Torres Strait islanders and the aboriginals of which the Murray Islanders did not agree with it. The plaintiffs had the representation of the Grey Mclntyre, Brian Keon-Cohen, and Ron Castan (Curthoys, Genovese and Reilly, 2008). At first, the case was brought in as a test aimed at determining the legal rights of the people of meriam to land in the Murray island and Waier and Dauar in Torres Strait. This was so because; such got heavy stimulation to the Queensland in 1879. Before the British contacted the Meriam people, they had lived in the land as subsistence economists who majored in fishing and cultivation. At those times, the land was not for the whole community or public, but rather, was for certain individuals. At some point in 1985, the government attempted at all means to discontinue the proceedings through the enactment of a declaratory act referred to the Queensland coast island. This declaration stated that on the land annexation in 1879, the island title was vested in the Queensland state, and as a result, free from claims, interests, and rights whatsoever. According to the Mabo versus Queensland number 1 of 1988, the high court stated that this was not in line with the legislations provided by 1975 racial discrimination act. As a result, the plaintiffs decided to come up with inter alia declarations ruling that the Meriam people had a right for the Land of Murray Island. This meant that they were the owners, possessors, occupiers, or people who have a right to enjoy the use of the land. According to the plaintiffs, they argued that they needed a possessory title because of the long period, which they possessed the land.

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