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Author: John Borrows
Publisher: University of Toronto Press
ISBN: 1442630957
Category : Social Science
Languages : en
Pages : 382
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Book Description
Indigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance. Demonstrating how Canada’s constitutional structures marginalize Indigenous peoples’ ability to exercise power in the real world, John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom. Among the stimulating issues he approaches are the democratic potential of civil disobedience, the hazards of applying originalism rather than living tree jurisprudence in the interpretation of Aboriginal and treaty rights, American legislative actions that could also animate Indigenous self-determination in Canada, and the opportunity for Indigenous governmental action to address violence against women.
Author: John Borrows
Publisher: University of Toronto Press
ISBN: 1442630957
Category : Social Science
Languages : en
Pages : 382
Get Book Here
Book Description
Indigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance. Demonstrating how Canada’s constitutional structures marginalize Indigenous peoples’ ability to exercise power in the real world, John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom. Among the stimulating issues he approaches are the democratic potential of civil disobedience, the hazards of applying originalism rather than living tree jurisprudence in the interpretation of Aboriginal and treaty rights, American legislative actions that could also animate Indigenous self-determination in Canada, and the opportunity for Indigenous governmental action to address violence against women.
Author: John Borrows
Publisher: University of Toronto Press
ISBN: 1442610093
Category : Social Science
Languages : en
Pages : 281
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Book Description
Shedding light on Canadian law and policy as they relate to Indigenous peoples, Drawing Out Law illustrates past and present moral agency of Indigenous peoples and their approaches to the law and calls for the renewal of ancient Ojibway teaching in contemporary circumstances.
Author: Charles Howard McIlwain
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584775505
Category : Constitutional history
Languages : en
Pages : 172
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Book Description
Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.
Author: Peter Crawford Oliver
Publisher: Oxford University Press
ISBN: 0190664819
Category : Law
Languages : en
Pages : 1169
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Book Description
The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.
Author: John Borrows
Publisher: University of Toronto Press
ISBN: 148753115X
Category : Law
Languages : en
Pages : 390
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Book Description
Law’s Indigenous Ethics examines the revitalization of Indigenous peoples’ relationship to their own laws and, in so doing, attempts to enrich Canadian constitutional law more generally. Organized around the seven Anishinaabe grandmother and grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect, this book explores ethics in relation to Aboriginal issues including title, treaties, legal education, and residential schools. With characteristic depth and sensitivity, John Borrows brings insights drawn from philosophy, law, and political science to bear on some of the most pressing issues that arise in contemplating the interaction between Canadian state law and Indigenous legal traditions. In the course of a wide-ranging but accessible inquiry, he discusses such topics as Indigenous agency, self-determination, legal pluralism, and power. In its use of Anishinaabe stories and methodologies drawn from the emerging field of Indigenous studies, Law’s Indigenous Ethics makes a significant contribution to scholarly debate and is an essential resource for readers seeking a deeper understanding of Indigenous rights, societies, and cultures.
Author: Kirsty Gover
Publisher: OUP Oxford
ISBN: 0199587094
Category : Law
Languages : en
Pages : 300
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Book Description
Recognized tribes are increasingly prominent players in settler state governance, but in the wide-ranging debates about tribal self-governance, little has been said about tribal self-constitution. Who are the members of tribes, and how are they chosen? Tribes in Canada, Australia, New Zealand and the United States are now obliged to adopt written constitutions as a condition of recognition, and to specify the criteria used to select members. Tribal Constitutionalism presents findings from a comparative study of nearly eight hundred current and historic tribal constitutions, most of which are not in the public domain. Kirsty Gover examines the strategies adopted by tribes and states to deal with the new legal distinction between indigenous people (defined by settler governments) and tribal members (defined by tribal governments). She highlights the important fact that the two categories are imperfectly aligned. Many indigenous persons are not tribal members, and some tribal members are not legally indigenous. Should legal indigenous status be limited to persons enrolled in recognized tribes? What is to be done about the large and growing proportion of indigenous peoples who are not enrolled in a tribe, and do not live near their tribal territories? This book approaches these complex questions head-on. Using tribal membership criteria as a starting point, this book provides a critical analysis of current political and sociolegal theories of tribalism and indigeneity, and draws on legal doctrine, policy, demographic data and tribal practice to provide a comparative evaluation of tribal membership governance in the western settler states.
Author: Law Commission of Canada
Publisher: UBC Press
ISBN: 0774855770
Category : Law
Languages : en
Pages : 189
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Book Description
The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.
Author: Canada
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 0
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Book Description
Author: Armin von Bogdandy
Publisher: Oxford University Press
ISBN: 0192515462
Category : Law
Languages : en
Pages : 465
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Book Description
This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.
Author: Darryl Cronin
Publisher: Rowman & Littlefield
ISBN: 1786611465
Category : Political Science
Languages : en
Pages : 281
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Book Description
The Australian nation has reached an impasse in Indigenous policy and practice and fresh strategies and perspectives are required. Trapped by History highlights a fundamental issue that the Australian nation must confront to develop a genuine relationship with Indigenous Australians. The existing relationship between Indigenous people and the Australian state was constructed on the myth of an empty land – terra nullius. Interactions with Indigenous people have been constrained by eighteenth-century assumptions and beliefs that Indigenous people did not have organised societies, had neither land ownership nor a recognisable form of sovereignty, and that they were ‘savage’ but could be ‘civilized’ through the erasure of their culture. These incorrect assumptions and beliefs are the foundation of the legal, constitutional and political treatment of Indigenous Australians over the course of the country’s history. They remain ingrained in governmental institutions, Indigenous policy making, judicial decision making and contemporary public attitudes about Indigenous people. Trapped by History shines new light upon historical and contemporary examples where Indigenous people have attempted to engage and dialogue with state and federal governments. These governments have responded by trying to suppress and discredit Indigenous rights, culture and identities and impose assimilationist policies. In doing so they have rejected or ignored Indigenous attempts at dialogue and partnership. Other settler countries such as New Zealand, Canada and the United States of America have all negotiated treaties with Indigenous people and have developed constitutional ways of engaging cross culturally. In Australia, the limited recognition that Indigenous people have achieved to date shows that the state is unable to resolve long standing issues with Indigenous people. Movement beyond the current colonial relationship with Indigenous Australians requires a genuine dialogue to not only examine the legal and intellectual framework that constrains Indigenous recognition but to create new foundations for a renewed relationship based on intercultural negotiation, mutual respect, sharing and mutual responsibility. This must involve building a shared understanding around addressing past injustices and creating a shared vision for how Indigenous people and other Australians will associate politically in the future.
