Which of the following best illustrates the operation of Aboriginal and Torres Strait Islander customary law in Australia? (A) The High Court’s Mabo decision (B) Traditional practices regulating a group of Indigenous people (C) The recognition of traditional tribal punishments by Australian courts (D) The rejection of the doctrine of terra nullius by the Australian parliament - HSC - SSCE Legal Studies - Question 13 - 2008 - Paper 1

To determine which option best illustrates Aboriginal and Torres Strait Islander customary law, we can analyze each statement:

• (A) The High Court's Mabo decision: While significant in recognizing land rights, it refers to legal outcomes rather than customary law itself.
• (B) Traditional practices regulating a group of Indigenous people: This option aligns closely with the concept of customary law as it reflects the indigenous practices of governance and social norms.
• (C) Recognition of traditional tribal punishments by Australian courts: This is more legalistic and does not directly illustrate customary law in operation.
• (D) Rejection of the doctrine of terra nullius by the Australian parliament: This is a legislative act impacting land rights but does not directly illustrate customary practices.

After evaluating these options, the best choice to illustrate the operation of Aboriginal and Torres Strait Islander customary law in Australia is (B) Traditional practices regulating a group of Indigenous people.