Assess the effectiveness of law reform

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Assess the effectiveness of law reform

Get Full Essay Get access to this section to get all help you need with your essay and educational issues. Get Access The Effectiveness Of The Law Reform Process Essay Sample Assess the effectiveness of the law reform process in achieving just outcomes in regards to native title Native title is a legal right on Indigenous Australian Communities to live on and use land with which they have an ongoing association.

Assess the effectiveness of law reform

It was unjust as they were the traditional owners and guardians of the land who were to use, preserve and celebrate the land for future generations. The traditional custodians were forced to lose their land and culture and many died to new diseases brought by the Europeans.

The doctrine of terra nullius meant that in the eyes of the law Indigenous Australians did not exist as citizens. Reform began to take place when the Yolngu people from the Gove Peninsula, in Eastern Arnhem Land sent a petition to the Commonwealth Government protesting the removal of land for mining without their permission.

The Yolngu people lost and three years later they began protesting about poor working conditions and pay. Inthe Australian Labour Party established the Department of Aboriginal Affairs in response to the failure of the Gove land rights case.

A royal commission into land rights was established and made the Aboriginal Land Rights Act This is effective law reform as it was the first legislation in Australia to establish a land claim process by which traditional owners could claim land. Queensland was about the Queensland governor annexing the Murray islands to Queensland which made them come under its law.

The Murray islanders claimed that Queensland sovereignty over the Murray Islanders was subject to the land rights of the Murray Islanders based on local custom and traditional title.

Inthe Queensland Government enacted the Queensland Coast Islands Declaratory Actwhich meant various islands around the coast of Queensland became part of Queensland and its law.

Mabo claimed that a system of native title existed and that they were recognised under Australian common law and the Queensland government argued that native titles were not part of Australian law and the act extinguished any native titles.

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Therefore the act was invalid and referred back to the Queensland Supreme Court for further determination on the issue of native title. This was a successful movement for native title as the Indigenous are getting a chance to overturn the concept of terra nullius.

Queensland found that in a majority to six to one, the High court ruled that the Murray Islanders had native title rights, including the right to possess the land, occupy the islands and therefore native title existed wherever indigenous people had occupied the land prior to European Settlement.

The court established guidelines for dealing with similar cases and that the federal government could take back native title rights on the condition that the traditional owners receive fair compensation.

On the issue of terra nullius they stated that it was not part of Australian law. This shows effectiveness of law reform as the Australian law now recognised native title and overturned the concept of terra nullius. The Wik peoples v.

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The State of Queensland was about the Wik people launching a case against the Queensland Government in the Federal Court, claiming native title rights to their traditional lands. The Federal Court ruled that once a lease has been granted on Crown land, native title rights were extinguished.

The matter was taken to the High Court were a majority of four to three judges said that pastoral leases do not automatically extinguish natitle title and the Wik people should be allowed to continue with their claim.

The court then found that pastoral leases could co-exist at the same time and on the same land, however if the two came into conflict, the lease would prevail.

This legislation creates greater rights for ATSI peoples as it allows Indigenous people to claim land where they can prove that they have maintained their traditional links with.Additionally, U.S. Attorney General Eric Holder announced the release of updated Department of Justice, or DOJ, guidance, for federal law-enforcement agencies that will create rigorous new.

Assess the Effectiveness of Law Reform: Young Drivers by morgan noack on Prezi

Victoria needs to re-assess its drug driving laws to measure impairment, and not just the presence of drugs, a report recommends.

Parliament's drug law reform inquiry released its page report. Assess the Effectiveness of Law Reform: Young Drivers Flaws in the Legislation In response to accidents the NSW government made several key amendments to legislation governing young drivers. In the graduate licensing system was amended to include hours of supervised driving experience for L-platers (later amended to ).

This . effectiveness of our Law of Marriage Act, No.5 of , that the law is impaired and in some respect is of the Law Reform Commission of Tanzania Act, No.

11 of (the Commission=s Act) initiated this reference to examine the LMA, 71 Papers from other Law Reform Agencies on . Part I. Sexual assault law reform The promise of legal reform During the s and s, spurred by feminist advocacy on behalf of victims of gendered violence, extensive reform of rape law occurred in many Western countries.

The Index provides detailed information regarding a variety of dimensions of the Rule of Law, which enables policy-makers and other users to assess a nation’s adherence to the Rule of Law in practice, identify a nation’s strengths and weaknesses in comparison to similarly situated countries, and track changes over time.

Law Reform in Action | Year 11 HSC - Legal Studies | Thinkswap