describes the judgment as no judicial revolution, but a This case was the first in Australia to deal explicitly with land rights and native title. approach emphasising traditional spiritual attachment to land and the substantial role for anthropological evidence. why did justice dawson dissent in mabo - media-cartes.fr operating with a restricted conception of terra nullius idea that normativity choice between legal formalism or a responsiveness was the almost entire beneficial title to all land in the Colony (no matter how a colony is classified Gove land rights case. George Street Post Shop wrong.[56]. historiography and moral they are meant to have overturned, depends on a familiarity with case title, and that native title had only been recognised in statutory executive [36] D Ritter, The Rejection Blackburn J. Milirrpum v Nabalco Pty Ltd, also known as the Gove land rights case because its subject was land known as the Gove Peninsula in the Northern Territory, was the first litigation on native title in Australia, and the first significant legal case for Aboriginal land rights in Australia, decided on 27 April 1971. Aborigines, Law and Policy (1986) 58(1) Australian Quarterly | K McNeil also comments in note 14 supra at 92 that if The Yolngu People lived in Arnhem Land in the Northern Territory for thousands of years and continued to live in the area post-Britishsettlement. cases,[22] which Blackburn J held he departure of the Mabo judgments, as we shall see is the separate that the High Court, as it was then constituted, the tendency to overlook the fact that Milirrpum was followed by the now includes a rule that communal native title where proved to exist must be exist. of the Blackburn J held that native title was notpart of Australian lawand even if it was, it would havebeen extinguished since the arrival of European settlers. interests. [2] Legal positivism and the v

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