Mabo v Queensland (No 2)
Key Principle
Recognised native title in Australian common law, rejecting the doctrine of terra nullius; has constitutional significance regarding the races power and the relationship between Commonwealth and State laws on Indigenous matters
While primarily a common law decision, Mabo (No 2) has profound constitutional significance. The High Court recognised that native title existed at common law and had survived British sovereignty where it had not been extinguished, rejecting the fiction of terra nullius. The decision prompted the Commonwealth to enact the Native Title Act 1993 under the races power (s 51(xxvi)) and reshaped the constitutional landscape regarding Indigenous land rights.