This article reflects upon themes and foundations of the contemporary legalism attending the resolution of aboriginal claims. It opens with a broad description of the historical foundation of that legalism in the imperial prerogative of the Crown and its continuance in the national constitutional systems of Canada and New Zealand. It then considers how that legalism, with its origination in the imperial prerogative and the ongoing comparative dimension associated with that origin, inhabits a recent local example, namely New Zealand’s Marine and Coastal Area (Takutai Moana) Act 2011. The article shows how this provision reflects the general features of indigenous rights' jurisprudence as it has emerged over the past 30 years: it carries resi...
This article explores the nature, history and significance of Maori customary rights in the New Zeal...
This paper argues that aboriginal rights in Canada have been greatly affected by 19 th century gover...
This chapter examines the land rights of Indigenous peoples in the United States, Canada, Australia ...
This article reflects upon themes and foundations of the contemporary legalism attending the resolut...
This article was developed in part from the report that the author wrote for the Parliamentary Commi...
This article considers the new Foreshore and Seabed Act 2004 (NZ). This Act was passed in response t...
University of Otago department: Law.INTRODUCTION: For many years the Indigenous peoples of Australi...
This article examines how contemporary legal discourse perpetuates and reproduces colonial structure...
This article furnishes a comparative analysis on the constitutional recognition of Indigenous people...
Article 5 of the United Nations Declaration on the Rights of Indigenous Peoples, informed by article...
The Treaty was a constitutional agreement entered into by Maori, then sovereign of New Zealand, and ...
In Delgamuukw v. British Columbia, the Supreme Court of Canada issued its long-awaited judgment on t...
This article uses James (Sákéj) Youngblood Henderson’s process to achieving a postcolonial legal con...
In 1840 the indigenous Maori tribes of New Zealand ceded the sovereignty of New Zealand to the Briti...
This article discusses the Omahu affair, a prominent legal drama that took place in the late 19th ce...
This article explores the nature, history and significance of Maori customary rights in the New Zeal...
This paper argues that aboriginal rights in Canada have been greatly affected by 19 th century gover...
This chapter examines the land rights of Indigenous peoples in the United States, Canada, Australia ...
This article reflects upon themes and foundations of the contemporary legalism attending the resolut...
This article was developed in part from the report that the author wrote for the Parliamentary Commi...
This article considers the new Foreshore and Seabed Act 2004 (NZ). This Act was passed in response t...
University of Otago department: Law.INTRODUCTION: For many years the Indigenous peoples of Australi...
This article examines how contemporary legal discourse perpetuates and reproduces colonial structure...
This article furnishes a comparative analysis on the constitutional recognition of Indigenous people...
Article 5 of the United Nations Declaration on the Rights of Indigenous Peoples, informed by article...
The Treaty was a constitutional agreement entered into by Maori, then sovereign of New Zealand, and ...
In Delgamuukw v. British Columbia, the Supreme Court of Canada issued its long-awaited judgment on t...
This article uses James (Sákéj) Youngblood Henderson’s process to achieving a postcolonial legal con...
In 1840 the indigenous Maori tribes of New Zealand ceded the sovereignty of New Zealand to the Briti...
This article discusses the Omahu affair, a prominent legal drama that took place in the late 19th ce...
This article explores the nature, history and significance of Maori customary rights in the New Zeal...
This paper argues that aboriginal rights in Canada have been greatly affected by 19 th century gover...
This chapter examines the land rights of Indigenous peoples in the United States, Canada, Australia ...