• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Evaluate how effectively governments and our legal system have recognised and responded to the following issues: Aboriginals and the Law including their right to self-determination

Extracts from this document...

Introduction

Evaluate how effectively governments and our legal system have recognised and responded to the following issues: Aboriginals and the Law including their right to self-determination In the past century, there have been many changes in the law for Aboriginals. The government and the legal systems have responded to these issues in numerous ways. In the early stages of British settlement, the terra nullius doctrine was the government policy in regards to the Aboriginals. The term terra nullius means 'the land of no one.' The British claimed that the Aboriginal people did not have ownership of the land due to the British's belief that their social organisation was primitive and that there was no obvious system of law. Thus, misunderstanding and no knowledge of Aboriginal culture led the government to not effectively recognise the Aboriginal identity and their customary laws. ...read more.

Middle

Assimilation is the process by which a minority group abandons its own culture and adopts the cultural practices of the dominant group in society. Families were split and loss of cultural roots occurred. The British people saw the Aboriginal people as an inferior race who needed to be 'educated' and 'civilised.' These people were referred to as the Stolen Generation and Kevin will be talking about this topic in depth later on. In the 1960s, the assimilation policy was evidently seen as unsuccessful. Global events soon afterwards such as the civil rights movement in America led to Australia's recognition and long awaited support from the general community to improve the social standards of the Aboriginal communities. This led to the policy or reconciliation and self-determination beginning from the 1970s. According to the International Covenant on Civil and Political Rights (ICCPR) ...read more.

Conclusion

However, this new accepting change in government policy was not very effective. Not much action was taken place and the federal parliament did not use their new law-making process for nearly 10 years. In 1968, the council of Aboriginal affairs was established towards funding for the improvement of education, housing and health of the Aboriginal people. In 1989, the establishment of the Aboriginal and Torres Strait Commission dealed with issues specifically concerning them. ATSIC was abolished in 2004. In 1998, it was voted in Canberra that any new changes to the Commonwealth Constitution should acknowledge the 'original occupancy and custodianship of Australia by Aboriginal peoples and Torres Strait Islanders.' Circle sentencing is part of the self-determination policy which is a method that allows elders and community leaders to determine an appropriate sentence will punish and educate the offender, and appease the victim. In general, despite legislation and changes, many Aboriginal communities continue to be disadvantaged and prejudiced in the Australian community. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Machinery of Justice section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Machinery of Justice essays

  1. Critically evaluate the aims and consequences of sentencing and show how the laws regarding ...

    although they didn't specify in relation to what, and also whether there is any mitigation which may act to reduce a sentence. When passing a sentence the courts will take into consideration a number of factors. In Allen v Bennett (1988)

  2. What Impact will Formalising Plea Bargaining have on Justice and Equality in the English ...

    However, it has been shown that plea bargaining is already an integral part of the criminal justice system.

  1. "If the Constitution is the source of governmental power, and the judiciary interprets the ...

    They will indicate to the relevant bodies just what the decision entails and how far the principle set down may be extended. Added to this are the remedies of the court. Normally these would be straightforward with a court setting out what it feels is necessary to correct any 'wrongdoing',

  2. "The Chamberlain Case highlighted many of the weaknesses in the Australian legal system

    Afterwards the jumpsuit was laid out on the ground to get a clear shot of the markings. This was the picture that was released to the press. This led people to believe that this was how the clothes were found.4 This should have never occurred because it caused the public

  1. Notes on Sentencing in British courts

    shoplifter to certain shops. o Up to 2 yrs for 16+. Up to 3 months 15-. Drug Abstinence Orders o Only made if have dependency on drugs or they tend to trigger the crime they commit. o Must abstain from specific A class drugs.

  2. Conditional Fee Arrangements and Legal Aid

    Each scheme within the legal aid scheme had its own rules on eligibility and some included means and/or merits tests. A means test assesses eligibility on the basis of the applicant's disposable income, which is the money left each week after paying for certain essential living expenses; and sometimes savings.

  1. The Canadian Justice system towards aboriginal offenders

    elemental issues as the substantive content of justice and the process of achieving justice."3 One of the primary concerns of the aboriginal model of justice is the reconciliation of the accused with his or her own conscience and with the individual or family that has been wronged.

  2. Expert Testimony and Its Value In the Justice System

    This is similar to the system which is currently used and therefore carries with it many of the current issues. The best option would perhaps be for both tests to be used in such a way that the exact definition of an expert would be clear, but the system would no longer be open to abuse by individuals.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work