Author: Amy Swiffen
Publisher: University of Toronto Press
ISBN: 1487560982
Category : Law
Languages : en
Pages : 236
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Book Description
As a settler state, Canada’s claims to sovereign control over territory are contested by Indigenous claims to land and to self-determination. Indigenous Peoples and the Future of Federalism presents legal analyses that explore forms of federalism and their potential to include multiple and divided sovereignties. This collection aims to advance reconciliation with Indigenous peoples in Canada and elsewhere by developing jurisprudence on the possibilities for a nation-to-nation relationship between Indigenous nations and Crown sovereignty. Contributors use legal creativity to explore how federalism can be structured to include the constitutional jurisdiction of Indigenous nations. Several chapters are grounded in the Canadian context while others connect the issues to international law and other settler colonial jurisdictions, recognizing how Indigenous resistance to settler laws and government decisions can at the same time be the enactment of Indigenous legalities and constitutional cultures. Ultimately, Indigenous Peoples and the Future of Federalism offers innovative ways for Canada to move forward from this challenge using existing constitutional mechanisms to give life to a plurinational Canadian federalism inclusive of the jurisdiction of Indigenous peoples.
Author: Alain-G. Gagnon
Publisher: McGill-Queen's Press - MQUP
ISBN: 0228002516
Category : Political Science
Languages : en
Pages : 409
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Book Description
The time is ripe to revisit Canada's past and redress its historical wrongs. Yet in our urgency to imagine roads to reconciliation with Indigenous peoples, it is important to keep in sight the many other forms of diversity that Canadian federalism has historically been designed to accommodate or could also reflect more effectively. Canadian Federalism and Its Future brings together international experts to assess four fundamental institutions: bicameralism, the judiciary as arbiter of the federal deal, the electoral system and party politics, and intergovernmental relations. The contributors use comparative and critical lenses to appraise the repercussions of these four dimensions of Canadian federalism on key actors, including member states, constitutive units, internal nations, Indigenous peoples, and linguistic minorities. Pursuing the work of The Constitutions That Shaped Us (2015) and The Quebec Conference of 1864 (2018), this third volume is a testimony to Canada's successes and failures in constitutional design. Reflecting on the cultural pluralism inherent in this country, Canadian Federalism and Its Future offers thought-provoking lessons for a world in search of concrete institutional solutions, within and beyond the traditional nation-state.
Author: Jeff Corntassel
Publisher: University of Oklahoma Press
ISBN: 9780806139067
Category : History
Languages : en
Pages : 292
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Book Description
Over the past twenty years, American Indian policy has shifted from self-determination to “Forced Federalism” as indigenous nations in the United States have encountered new threats from state and local tribes over such issues as taxation, gaming, and homeland security. This book demonstrates how today's indigenous nations have taken unprecedented steps to reorient themselves politically in response to such challenges to their sovereignty.
Author: Patrick Macklem
Publisher: University of Toronto Press
ISBN: 9780802080493
Category : Law
Languages : en
Pages : 348
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Book Description
An investigation of the unique constitutional relationship between Aboriginal people and the Canadian state, a relationship that does not exist between Canada and other Canadians.
Author: Gary N. Wilson
Publisher: UBC Press
ISBN: 0774863102
Category : Political Science
Languages : en
Pages : 225
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Book Description
The Canadian federal system was never designed to recognize Indigenous governance, and it has resisted formal institutional change. But change has come. Indigenous communities in the North have successfully negotiated the creation of self-governing regions, most of which have been situated politically and institutionally within existing constituent units of the Canadian federation. These varied governance arrangements are forms of nested federalism, a model that is transforming Canadian federalism as it reformulates the relationship between Indigenous peoples and the state. Nested Federalism and Inuit Governance in the Canadian Arctic traces the political journey toward self-governance taken by three predominantly Inuit regions over the past forty years: Nunavik in northern Québec, the Inuvialuit Settlement Region in the western Northwest Territories, and Nunatsiavut in northern Labrador. This meticulous analysis of the regions’ development trajectories provides new insight into the evolution of Indigenous self-government, as well as its consequences for Indigenous communities and for Canadian federalism.
Author: Julie Koppel Maldonado
Publisher: Springer
ISBN: 3319052667
Category : Science
Languages : en
Pages : 178
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Book Description
With a long history and deep connection to the Earth’s resources, indigenous peoples have an intimate understanding and ability to observe the impacts linked to climate change. Traditional ecological knowledge and tribal experience play a key role in developing future scientific solutions for adaptation to the impacts. The book explores climate-related issues for indigenous communities in the United States, including loss of traditional knowledge, forests and ecosystems, food security and traditional foods, as well as water, Arctic sea ice loss, permafrost thaw and relocation. The book also highlights how tribal communities and programs are responding to the changing environments. Fifty authors from tribal communities, academia, government agencies and NGOs contributed to the book. Previously published in Climatic Change, Volume 120, Issue 3, 2013.
Author: Jamila Michener
Publisher: Cambridge University Press
ISBN: 1108245323
Category : Political Science
Languages : en
Pages : 239
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Book Description
Medicaid is the single largest public health insurer in the United States, covering upwards of 70 million Americans. Crucially, Medicaid is also an intergovernmental program that yokes poverty to federalism: the federal government determines its broad contours, while states have tremendous discretion over how Medicaid is designed and implemented. Where some locales are generous and open handed, others are tight-fisted and punitive. In Fragmented Democracy, Jamila Michener demonstrates the consequences of such disparities for democratic citizenship. Unpacking how federalism transforms Medicaid beneficiaries' interpretations of government and structures their participation in politics, the book examines American democracy from the vantage point(s) of those who are living in or near poverty, (disproportionately) Black or Latino, and reliant on a federated government for vital resources.
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: Iris Marion Young
Publisher: Polity
ISBN: 074563835X
Category : Political Science
Languages : en
Pages : 224
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Book Description
In the late twentieth century many writers and activists envisioned new possibilities of transnational cooperation toward peace and global justice. In this book Iris Marion Young aims to revive such hopes by responding clearly to what are seen as the global challenges of the modern day. Inspired by claims of indigenous peoples, the book develops a concept of self-determination compatible with stronger institutions of global regulation. It theorizes new directions for thinking about federated relationships between peoples which assume that they need not be large or symmetrical. Young argues that the use of armed force to respond to oppression should be rare, genuinely multilateral, and follow a model of law enforcement more than war. She finds that neither cosmopolitan nor nationalist responses to questions of global justice are adequate and so offers a distinctive conception of responsibility, founded on participation in social structures, to describe the obligations that both individuals and organizations have in a world of global interdependence. Young applies clear analysis and cogent moral arguments to concrete cases, including the wars against Serbia and Iraq, the meaning of the US Patriot Act, the conflict in Palestine/Israel, and working conditions in sweat shops.
Author: David Eugene Wilkins
Publisher: Rowman & Littlefield
ISBN: 1442203870
Category : History
Languages : en
Pages : 381
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Book Description
""This book is a lively and accessible account of the remarkably complex legal and political situation of American Indian tribes and tribal citizens (who are also U.S. citizens) David E. Wilkins and Heidi Kiiwetinepinesiik Stark have provided the g̀o-to' source for a clear yet detailed and sophisticated introduction to tribal soverignty and federal Indian policy. It is a valuable resource both for readers unfamiliar with the subject matter and for readers in Native American studies and related fields, who will appreciate the insightful and original scholarly analysis of the authors."--Thomas Biolsi, University of California at Berkeley" ""American Indian Politics and the American Political System is simply an indispensable compendium of fact and reason on the historical and modern landscape of American Indian law and policy. No teacher or student of American Indian studies, no policymaker in American Indian policy, and no observer of American Indian history and law should do without this book. There is nothing in the field remotely as comprehensive, usable, and balanced as Wilkins and Stark's work."--Matthew L.M. Fletcher, director of the Indigenous Law and Policy Center at Michigan State University College of Law" ""Wilkins has written the first general study of contemporary Indians in the United States from the disciplinary standpoint of political science. His inclusion of legal matters results in sophisticated treatment of many contemporary issues involving Native American governments and the government of the United States and gives readers a good background for understanding other questions. The writing is clear-not a minor matter in such a complex subject--and short case histories are presented, plus links (including websites) to many sources of information."--Choice
