Coe v Commonwealth

The High Court of Australia considered the constitutional validity of the *Aboriginal Land Rights (Northern Territory) Act 1976* (Cth) in *Coe v Commonwealth*. The applicants, representing Aboriginal people, sought declarations that the Commonwealth Parliament lacked the power to legislate with respect to Aboriginal land in the Northern Territory, asserting that such power was vested in the Aboriginal people themselves. They argued that the Commonwealth’s legislative power was limited by the existence of Aboriginal sovereignty and that the *Aboriginal Land Rights (Northern Territory) Act 1976* was therefore invalid.

The central legal issue before the Court was whether the Commonwealth Parliament possessed the constitutional authority to enact legislation concerning Aboriginal land rights in the Northern Territory, or whether such authority was exclusively vested in Aboriginal peoples. This question involved an examination of the nature of Aboriginal sovereignty at the time of British settlement and its continuing effect on the legislative powers of the Commonwealth Parliament under the Australian Constitution.

Mason CJ, in his judgment, rejected the argument that Aboriginal sovereignty persisted in a manner that would oust the legislative power of the Commonwealth Parliament. His Honour affirmed the principle of *terra nullius*, stating that upon settlement, the Crown acquired sovereignty and beneficial ownership of the land, extinguishing any pre-existing Aboriginal title. Consequently, the Commonwealth Parliament, as the sovereign legislative body, had the power to legislate with respect to all land within its territory, including the Northern Territory, and to enact laws such as the *Aboriginal Land Rights (Northern Territory) Act 1976* to grant or regulate Aboriginal land rights. The Court found that the Act was a valid exercise of the Commonwealth’s legislative power.