part 3

Question 1

one influence of the UN

Answer 1

the findings and decisions of the Inter-national courts provides persuasive precedents to the Australian courts

Question 2

1967 referendum

Answer 2

it was to transfer legislative power from the states to the commonwealth so that uniform laws and decisions could be made in regard to Aboriginals, etc.

Question 3

parliament and judiciary in recognition of native title

Answer 3

the judiciary recognised and acknowledged native title which recognises the traditional right and interests of the lands and water of Aboriginal and Torres Strait Islanders. The Parlaiment was responsible for passing the Native Title Act 1993 where native title claimants can make an application to the Federal Court to have their title recognised by Australian law.

Question 4

the protection of the rights of all indigenous Australians

Answer 4

the full bench of the HCA in a majority vote of 4:3 held that sections in the Racial Discrimination Act was a valid exercise of the external affairs power and therefore, the Queensland Minister’s actions were inconsistent with federal law and therefore invalid.

Question 5

the division of law-making power between the states and commonwealth

Answer 5

this case set a precedent regarding the external affairs power and as a result, gained power of racial discrimination by decreasing residual powers of states in the Commonwealth.