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Word Count: 980
The decision of the High Court in Mabo v Queensland No2 was a major development in Australian law a historic wrong was righted The judgment received a wide ranging national response while some have suggested that decision should be legislated away and others suggested it should be ignored the Commonwealth saw the decision as providing an opportunity to rebuild on fair and just foundations the relationship between our nation and its indigenous people The Commonwealths Native Title Act 1993Cth is a beginning to that process Native Title Act 1993 Cth accepts and confirms the Mabo decision in particular the fundamental propositions on which the decision rested namely to provides for the recognition and protection of native title rights based on the traditions of the indigenous people of Australia and the rejection of the myth that Australia was terra nullius land belonging to no-one The emergence of Native Title Act 1993 Cth can be best explained utilizing 2 emergence studies models namely symbolic legislation and legislation as ideology The 2 models together provide insights into the politics of law making also serves to indicate the most important ways in which law class and power are connected Symbolic Legislation This model emphasizes how the proclamation and maintenance of symbols - values ideals and ways of thinking about government and society In Native Title Act s3a of the object and s10 states to provide for recognition and protection of native title and Native title is recognized and protected in accordance with this Act This suggests the native title is like a symbol for recognition of indigenous people as part of our society and reconciliation between the indigenous people and white people This idea is evident in the Second Reading Speech for Native Title as Mr Keating said The Aboriginal People faced deprivation of the religious cultural and economic sustenance which the land provides and were left as intruders in their own homesto deny these
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