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Author: Kirsty Gover Publisher: OUP Oxford ISBN: 0199587094 Category : Law Languages : en Pages : 300
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: Kirsty Gover Publisher: OUP Oxford ISBN: 0199587094 Category : Law Languages : en Pages : 300
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: Amy Swiffen Publisher: University of Toronto Press ISBN: 1487560982 Category : Law Languages : en Pages : 236
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: New Zealand. Waitangi Tribunal Publisher: ISBN: 9781869563363 Category : Maori (New Zealand people) Languages : en Pages :
Book Description
"The outcome of an urgent inquiry conducted into the Crown's recognition of the Maniapoto Māori Trust Board's mandate to negotiate the Ngāti Maniapoto settlement"--Page xi.
Author: Waitangi Tribunal Publisher: ISBN: 9781869563318 Category : Languages : en Pages : 230
Book Description
The Waitangi Tribunal's Health Services and Outcomes Kaupapa Inquiry is an ongoing inquiry into the ways the Crown has responded to health inequalities experienced by Maori. Hauora is the Tribunal's stage one report and addresses two claims concerning how the primary health care system in New Zealand has been legislated, administered, funded, and held to account by the Crown since the passing of the New Zealand Pubic Health and Disability Act 2000, The Act laid out a new structure for the health care system, centered on the creation of district health boards to deliver health care to distinct populations.
Author: Tahu Kukutai Publisher: ANU Press ISBN: 1760460311 Category : Social Science Languages : en Pages : 344
Book Description
As the global ‘data revolution’ accelerates, how can the data rights and interests of indigenous peoples be secured? Premised on the United Nations Declaration on the Rights of Indigenous Peoples, this book argues that indigenous peoples have inherent and inalienable rights relating to the collection, ownership and application of data about them, and about their lifeways and territories. As the first book to focus on indigenous data sovereignty, it asks: what does data sovereignty mean for indigenous peoples, and how is it being used in their pursuit of self-determination? The varied group of mostly indigenous contributors theorise and conceptualise this fast-emerging field and present case studies that illustrate the challenges and opportunities involved. These range from indigenous communities grappling with issues of identity, governance and development, to national governments and NGOs seeking to formulate a response to indigenous demands for data ownership. While the book is focused on the CANZUS states of Canada, Australia, Aotearoa/New Zealand and the United States, much of the content and discussion will be of interest and practical value to a broader global audience. ‘A debate-shaping book … it speaks to a fast-emerging field; it has a lot of important things to say; and the timing is right.’ — Stephen Cornell, Professor of Sociology and Faculty Chair of the Native Nations Institute, University of Arizona ‘The effort … in this book to theorise and conceptualise data sovereignty and its links to the realisation of the rights of indigenous peoples is pioneering and laudable.’ — Victoria Tauli-Corpuz, UN Special Rapporteur on the Rights of Indigenous Peoples, Baguio City, Philippines
Author: Carwyn Jones Publisher: UBC Press ISBN: 0774831715 Category : History Languages : en Pages : 320
Book Description
Legal cultures change in response to social and economic environments. Māori author and legal scholar Carwyn Jones provides a timely examination of how the resolution of land claims in New Zealand has affected traditional Māori law, illustrating the challenges faced by Indigenous peoples as they attempt to exercise self-determination in a postcolonial world. Combining thoughtful analysis with Māori storytelling New Treaty, New Tradition reveals the enduring vitality of Māori legal traditions, making the case that genuine reconciliation can occur only when we recognize the importance of Indigenous traditions in the settlement process. Drawing on examples from Canada and New Zealand, Jones illustrates how Western legal thought has shaped the historical claims process. As Indigenous self-determination plays out on the world stage, this nuanced reflection brings into focus prospects for the long-term success of reconciliation projects in Canada and around the globe.
Author: Margaret Mutu Publisher: Huia Publishers ISBN: 1775502805 Category : Social Science Languages : en Pages : 199
Book Description
The State of Maori Rights brings together a set of articles written between 1994 and 2009. It places on record the Maori view of events and issues that took place over these years, issues that have been more typically reported to the general public from a ‘mainstream’ media perspective. It is an important documentation of these fifteen years of New Zealand history, recording the assertion of Maori rights as the indigenous people of Aotearoa New Zealand, focusing on Maori issues and experiences and written from a Maori perspective. The reviews demonstrate the ongoing settling of grievances against the Crown for breaches of the Treaty of Waitangi, the solutions Maori have advocated and the benefits to the country when Maori advice on these matters is followed. Key issues include: - the 1994 ‘fiscal envelope’ - the 50,000-strong protest march against foreshore and seabed - Pakeha media attacks on Maori MPs and Maori initiatives. Maori success stories are also acknowledged such as Michael Campbell, Robert Hewitt, Willie Apiata and films such as Whale Rider.
Author: Douglas Graham Publisher: Institute of Pol ISBN: 9780908935246 Category : Land tenure Languages : en Pages : 113
Book Description
"The place of the Treaty of Waitangi within New Zealand ... both a personal, descriptive account of the historical treatment and perceptions of the Treaty in New Zealand and a ... record of ... the negotiation processes"--P. v.
Author: New Zealand. Waitangi Tribunal Publisher: ISBN: 9781869563233 Category : Crime and race Languages : en Pages : 78
Book Description
Tu Mai te Rangi! Report on the Crown and Disproportionate Reoffending Rates is the outcome of an urgent Waitangi Tribunal inquiry into a claim brought by retired senior probation officer, Tom Hemopo, concerning Crown actions and policies in reducing the high and disproportionate rate of Maori reoffending. The report examines allegations that the Crown failed to make a long-term commitment to reducing the high rate of Maori reoffending relative to non-Maori and that, through the Department of Corrections, it acted inconsistently with Treaty principles by having no Maori-specific target, strategy, or budget to reduce Maori reoffending rates.
Author: David Hackett Fischer Publisher: Oxford University Press ISBN: 0199912955 Category : History Languages : en Pages : 656
Book Description
Fairness and Freedom compares the history of two open societies--New Zealand and the United States--with much in common. Both have democratic polities, mixed-enterprise economies, individuated societies, pluralist cultures, and a deep concern for human rights and the rule of law. But all of these elements take different forms, because constellations of value are far apart. The dream of living free is America's Polaris; fairness and natural justice are New Zealand's Southern Cross. Fischer asks why these similar countries went different ways. Both were founded by English-speaking colonists, but at different times and with disparate purposes. They lived in the first and second British Empires, which operated in very different ways. Indians and Maori were important agents of change, but to different ends. On the American frontier and in New Zealand's Bush, material possibilities and moral choices were not the same. Fischer takes the same comparative approach to parallel processes of nation-building and immigration, women's rights and racial wrongs, reform causes and conservative responses, war-fighting and peace-making, and global engagement in our own time--with similar results. On another level, this book expands Fischer's past work on liberty and freedom. It is the first book to be published on the history of fairness. And it also poses new questions in the old tradition of history and moral philosophy. Is it possible to be both fair and free? In a vast array of evidence, Fischer finds that the strengths of these great values are needed to correct their weaknesses. As many societies seek to become more open--never twice in the same way, an understanding of our differences is the only path to peace.
Author: Kirsty Gover
Author: Kirsty Gover
Author: Amy Swiffen
Author: New Zealand. Waitangi Tribunal
Author: Waitangi Tribunal
Author: Tahu Kukutai
Author: Carwyn Jones
Author: Margaret Mutu
Author: Douglas Graham
Author: New Zealand. Waitangi Tribunal
Author: David Hackett Fischer