In Mabo vs Qld (no 2) (1992)175 CLR 1. Justice Brennan stated at (29) that “in discharging its duty to declare the common law of Australia, this court is not free to adopt rules that accord with contemporary notions of justice and human rights if their adoption would fracture the skeleton of principle which gives the body of our law its shape and internal consistency” -

Do you think that the high court did “fracture the skeleton of principle” in reaching the decision that it did in the Mabo case?

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In my opinion the High Court did not f ract ure the skeleton of principle in reaching the decision i... View the full answer