In 1992, the High Court of Australia made a decision about native title rights in Mabo v State of Queensland (No 2) (1992) 175 CLR 1. In 1993, the Commonwealth Parliament passed a new law about native title called the Native Title Act 1993 (Cth). If there is an inconsistency between the law passed by parliament and the decision of the High Court of Australia, which would prevail when solving a legal problem?Question 6Answera.Mabo v State of Queensland (No 2), because the judiciary is the sovereign law-maker in Australia.b.The Native Title Act, because it is a newer law.c.Mabo v State of Queensland (No 2), because the case was decided before parliament passed the Native Title Act. Under the doctrine of precedent, old cases are still good precedent.d.The Native Title Act, because parliament is the sovereign law-maker in Australia.
Question
In 1992, the High Court of Australia made a decision about native title rights in Mabo v State of Queensland (No 2) (1992) 175 CLR 1. In 1993, the Commonwealth Parliament passed a new law about native title called the Native Title Act 1993 (Cth). If there is an inconsistency between the law passed by parliament and the decision of the High Court of Australia, which would prevail when solving a legal problem?Question 6Answera.Mabo v State of Queensland (No 2), because the judiciary is the sovereign law-maker in Australia.b.The Native Title Act, because it is a newer law.c.Mabo v State of Queensland (No 2), because the case was decided before parliament passed the Native Title Act. Under the doctrine of precedent, old cases are still good precedent.d.The Native Title Act, because parliament is the sovereign law-maker in Australia.
Solution
d. The Native Title Act, because parliament is the sovereign law-maker in Australia.
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