Why is an understanding of English legal history important to an understanding of the decision in Mabo?

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State an example of a court and a non-judicial tribunal from the same jurisdiction

 

SKU: Em0055

Question 1.

(a) State an example of a court and a non-judicial tribunal from the same jurisdiction.

 

(b) Explain how, if at all, the two bodies you have selected are linked through rights to appeal or the use of precedent.

 

(c) Discuss both the differences and similarities between the court and the nonjudicial tribunal you have chosen. For example, your answer may refer to alternative dispute resolution and the role of the legal profession as well as other relevant factors. .

 

Question 2

In Queensland v Commonwealth (1977) 139 CLR 585 Gibbs J observed: [10]. It would be futile to attempt to state any succinct general principle by which the Court should be guided in deciding whether to overrule an earlier decision of its own.

 

a)How does the High Court decision in Mabo v Queensland (No 2) (1992) 175 CLR617 develop an understanding of when the High Court may overrule earlier decisions?

 

b)Why, according to the doctrine of precedent is the High Court able to overrule earlier decisions?

 

c)Why is an understanding of English legal history important to an understanding of the decision in Mabo?

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