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Explain the concept of extinguishment as it is has been developed in Australian native title jurisprudence.
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Explain the concept of extinguishment as it is has been developed in Australian native title jurisprudence. Background and Introduction The landmark Australian case Queensland v Mabo (No2) (1992)1 was the first case where the Australian courts recognised a native title claim i.e. a claim by indigenous people to land belonging to their ancestors. This case concerned a claim for recognition by the Meriam people of their cultural identity. The case also initiated the development of the concept of extinguishment through the creation of the theory of Radical title. Native title is a doctrine of English common law and in order to establish native title "it is necessary to show that the plaintiff group are biological descendants of the original inhabitants, that they have maintained an ongoing connection with the land, and that they exercise substantially the same customs as at the Crown's acquisition of sovereignty"2. In Mabo (No. 2) the High Court applied...
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