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Which of the following is a characteristic of Aboriginal and Torres Strait Islander customary law recognised by the Australian legal system? (A) Native title (B) Terra nullius (C) Self-determination (D) Ownership of land - HSC - SSCE Legal Studies - Question 14 - 2004 - Paper 1
Question 14
Which of the following is a characteristic of Aboriginal and Torres Strait Islander customary law recognised by the Australian legal system? (A) Native title (B) T... show full transcript
Worked Solution & Example Answer:Which of the following is a characteristic of Aboriginal and Torres Strait Islander customary law recognised by the Australian legal system? (A) Native title (B) Terra nullius (C) Self-determination (D) Ownership of land - HSC - SSCE Legal Studies - Question 14 - 2004 - Paper 1
Step 1
Which of the following is a characteristic of Aboriginal and Torres Strait Islander customary law recognised by the Australian legal system?
Answer
The correct answer is (D) Ownership of land. Aboriginal and Torres Strait Islander customary law involves the traditional rights to land and the accompanying responsibilities and practices surrounding it.
- Native title refers to the rights and interests recognized under Australian law, but it is not a direct characteristic of the customary law itself.
- Terra nullius is a legal concept that dismissed the existence of Indigenous land rights before Australian law recognized them.
- Self-determination is a principle related to the autonomy of Indigenous peoples, but it is not specifically a characteristic of customary law.
In essence, ownership of land is a fundamental aspect of Aboriginal and Torres Strait Islander customary law, making it the correct choice.