ipl-logo

Examples Of Customary Law In Australia

407 Words2 Pages

I am here to talk about how customary law also can be known as the ATSI in Australian links to other indigences colonies around the world. And how the aboriginal Australian link to New Zealand Maori people and how they are linked to one another. Aboriginal societies, and which regulate human behaviour, mandate specific sanctions for non-compliance, and connect people with the land and with each other, through a system of relationships.

Some of the different laws between indigenous colonies around the world are that aboriginal. So of the links between customary law in Australia and the US is that they are both the “supreme law of rights and laws for the indigenous people of the land. In American the law can also be known as the “supreme law

Show More
Related

  • First Chapter Of Law In America By Lawrence M. Friedman

    1164 Words  | 5 Pages

    The purpose of “Law in America” is to further explain why the law is so impactful on every individual in the United States, the following summary will look at the

    Read More

  • Commonwealth V. Newman Case Study

    157 Words  | 1 Pages

    In Commonwealth v. Newman, 429 PA. 441 (1968), on November 16, 1964, at about 11:30 a.m. four detectives went to appellant 's home with a body warrant for appellant and a search warrant for the premises. The complaint for the search warrant recited that the affiant, Detective John McCrory, deposed that there was probable cause to believe that certain books, papers, and other items used for the purpose of a lottery were in the possession of Henderson Newman at or near 721 West Mary Street. They forcefully entered the appellant 's home without announcement or purpose. The court held that, the forcible entry without announcement of purpose violates the Fourth Amendment. The fruits of an illegal search are inadmissible under Mapp v. Ohio,

    Read More

  • Eddie Mabo Case Study

    426 Words  | 2 Pages

    They had their own traditional laws and customs and held a very strong and deep-rooted connection to their land. The British policy of the land being terra nullius, or “nobody’s land”, infringed the rights and customs of the Aboriginal and Torres Strait Islander people. The concept of terra nullius robbed the Indigenous population of their right to have possession of their traditional and revered land. Mabo firmly believed it was not the white government’s responsibility to deny rights to traditional Indigenous land.

    Read More

  • Supreme Court Case Of Texas V. Johnson, By Gregory Lee Johnson

    755 Words  | 4 Pages

    As defined in the Meriam Webster Dictionary the words Supreme Court is the highest court of law in a country or U.S. state. Also defined in the Meriam Webster Dictionary is the words judicial review it is a constitutional doctrine that gives to a court system the power to annul legislative or executive acts which the judges declare to be unconstitutional. In the Supreme Court case of Texas v. Johnson, Gregory Lee Johnson had burned an American flag. He burned the flag because he was protesting the policies that President Ronald Reagan had enacted.

    Read More

  • Meriam People Case

    320 Words  | 2 Pages

    'If there existed any lingering doubt as to the applicability of the principles enunciated in Mabo to mainland Australia, that doubt is, as a matter of practicality, dispelled by the statement of Mason CJ in Coe v The Commonwealth (1993) 118 ALR 193. In the context of an application to strike out a statement of claim, his Honour said (at 200): 'Mabo [No.2] recognised that land in the Murray Islands was held by means of native title under the paramountcy of the Crown. The principles of law which led to that result apply to the Australian mainland as the judgments made clear. ' Mason v Tritton (1994) 34 NSWLR 572 at

    Read More

  • Who Is Joyce Clague A Political Activist For Indigenous Australians?

    1014 Words  | 5 Pages

    After Clague’s contribution during the 1967 referendum, many ATSI peoples were more socially accepted due to the government recognising them as part of the population. The government accepting Aborigines as humans meant that they were politically acknowledged and able to be citizens of Australia, earning themselves passports and the ability to fly overseas. Before being politically accepted ATSI peoples weren’t allowed to be given passports if they identified as being Aboriginal (Australian Screen, 2017). Culturally speaking, after white settlement, almost all native land belonging to aboriginal peoples was ripped away from them, wounding connections between Aborigines and their ancestors. Joyce Clague’s rescue of ATSI people’s native lands, political acceptance toward Aborigines and social approval of being human all contributed largely to the livelihoods of ATSI

    Read More

  • Arguing With Tradition Sparknotes

    777 Words  | 4 Pages

    Through clever use of narration and with continuous references to socio-legal and linguistic anthropological theories and methodologies, he is able to generate curiosity in the reader by giving them a chance to witness the emergence of tribal law in the Hopi courts and their struggle for sovereignty. In the 1940’s the Bureau of Indian Affairs had created and propagated the legal system in Hopi in the image of Anglo-American style law much like the systems implemented in other courts of the Indian nations across the United States. However, Richard demonstrates that due to a lack of relevance to the Hopi culture, recently the tribe’s jurists and litigants have expressed a need for a court that resonates more with their cultural and traditional outlook and thus is able to interpret and resolve conflicts in a way that reflects the tribe’s own notion of justice and equality. However, the phenomenon observed by Richard was the fact that with over thirty years of the Anglo-American legal system operating in Hopi it had also in turn shaped and influenced some of the structures and rules of criminal and civil proceedings of the Hopi courts to the extent that even though they would stay true to their own cultural heritage but

    Read More

  • Examples Of Overrepresentation Of Aboriginal People In Justice System

    203 Words  | 1 Pages

    There are many theories that could provide an expatiation to overrepresentation of Aboriginal people in justice system. First is the culture clash theory that was purposed by the Royal Commission on Aboriginal Peoples (RCAP) (1996), this theory suggests that the overrepresentation occurs when Aboriginal people’s value does not fit to justice system, due to the fact that Aboriginal people concept of justice is different than Euro-Canadian concept. An example of culture clash theory that contributes in overrepresentation of Aboriginal people is a result of non-Aboriginal people understanding the cultural norms of an Aboriginal community. An example of differences in Aboriginal community and non-Aboriginal community is that for Aboriginal

    Read More

  • Dawes Act Research Paper

    1127 Words  | 5 Pages

    This paper will give an overview of the act and how it impacted the Indigenous community into becoming

    Read More

  • The Barbaric People During The Prohibition Of The Indian Act

    401 Words  | 2 Pages

    With the prohibition of the Indian Act, it restricted Aboriginal people in order to obtain their rights, due to being unable to obtain a lawyer, which could represent them to order to prosecute the government to gain their rights that were stripped from them, due to being the “Others”. The government in many ways made sure to alienate the Aboriginals in order not have a voice which could be heard and allowed the support of people in order to help them, but the Aboriginals were barbaric people they needed to be civilized, this is where “The government took for itself the power to mould, unilaterally, every aspect of life on the reserve and to create whatever infrastructure it deemed necessary to achieve the desired end — assimilation through

    Read More

  • Violation Of The Supreme Court Case Of John Marshall

    1209 Words  | 5 Pages

    The Constitution states in Article III, Section 1 that "the judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish (uscourts.gov). " Lawsuits among two or more states and cases relating to ambassadors and diplomats are examples of cases where the Supreme Court has original jurisdiction. The Court also has appellate jurisdiction on virtually any other case that involves violations of constitutional or federal law. Finally, the Supreme Court has the final interpretation of law on all matters concerning the U.S. Constitution, federal laws, and treaties. Consequently, all decisions from Supreme Court have a profound impact on society; even

    Read More

  • Arguments Against Native Title

    999 Words  | 4 Pages

    Native title ’Native title’ refers to the recognition that Aboriginal and Torres Strait Islander people (ATSI) have rights to their traditional lands. For many years, native title has been an on-going topic across Australia, with many people disliking the concept. However, due to Australia’s changing social values and new concepts of justice, it has now been recently addressed. It is through the legal mechanisms such as the ALRC, the NSWLRC, the parliament and the courts and the non legal mechanism, the media that has been a catalyst for law reform for native title. Such mechanisms, have helped cases like the Mabo v Queensland [1988]

    Read More

  • Hammurabi's Influence On The American Legal System

    1258 Words  | 6 Pages

    The American Legal System The American legal system has been influenced by many historical rulers and laws. Three that have influenced the American legal system the most are Roman laws, moral laws and Hammurabi’s code in my opinion. One legal system that influenced the American legal system are Roman laws. I picked Roman law because it said that law has been defined as the “Art of social control”; a system of rules regulating the conduct of man.

    Read More

  • Am I Black Enough For You By Anita Heiss

    790 Words  | 4 Pages

    Since colonisation in 1788 Europeans believed the Aboriginal peoples to be a primitive race with no societal structures in place because their system did not resemble one that was recognizable or fit within it did not resemble a system that was recognizable by white settlers. National identity is believed to be a general concept that referred to a broad set of codes with a shared understanding within a nation, and the sense of belonging that is reinforced through myths, symbols, media activities, and everyday practices (Carter, 2006, p. 7; Van Krieken et al., 2017, pp. 234-244). Australia is now regarded as a diverse country with an identity that has evolved over time and will continue to do so. For Indigenous Australians to conform to this national identity, they had to assimilate and give up their values, beliefs, and cultural rights to become more like white Australia.

    Read More

  • The Mabo Decision Was A Legal Case Held In Australia

    1001 Words  | 5 Pages

    The Aboriginals spoke their own language, had their own laws and customs, and mostly a strong connection with the country’s land. The British arrived to the shores and declared Australia ‘terra nullius’ meaning empty land that belongs to no body. The land clearly wasn’t uninhabited but the Indigenous people no longer had the right to use the land as they please freely. Under international law Australia was now British land. As a result, Aboriginal and Torres Strait Islanders occupation of and unique connection with the land weren’t recognised and the British took the land without agreement or payment.

    Read More

More about Examples Of Customary Law In Australia

Open Document