Freedoms Law And Indigenous Rights PDF Download
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Author | : John Borrows |
Publisher | : University of Toronto Press |
Total Pages | : 382 |
Release | : 2016-05-12 |
Genre | : Social Science |
ISBN | : 1442630957 |
Download Freedom and Indigenous Constitutionalism Book in PDF, ePub and Kindle
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 | : Michael D. McNally |
Publisher | : Princeton University Press |
Total Pages | : 400 |
Release | : 2020-04-14 |
Genre | : History |
ISBN | : 0691190909 |
Download Defend the Sacred Book in PDF, ePub and Kindle
"In 2016, thousands of people travelled to North Dakota to camp out near the Standing Rock Sioux Reservation to protest the construction of an oil pipeline that is projected to cross underneath the Missouri River a half mile upstream from the Reservation. The Standing Rock Sioux consider the pipeline a threat to the region's clean water and to the Sioux's sacred sites (such as its ancient burial grounds). The encamped protests garnered front-page headlines and international attention, and the resolve of the protesters was made clear in a red banner that flew above the camp: "Defend the Sacred". What does it mean when Native communities and their allies make such claims? What is the history of such claim-making, and why has this rhetorical and legal strategy - based on appeals to religious freedom - failed to gain much traction in American courts? As Michael McNally recounts in this book, Native Americans have repeatedly been inspired to assert claims to sacred places, practices, objects, knowledge, and ancestral remains by appealing to the discourse of religious freedom. But such claims based on alleged violations of the First Amendment "free exercise of religion" clause of the US Constitution have met with little success in US courts, largely because Native American communal traditions have been difficult to capture by the modern Western category of "religion." In light of this poor track record Native communities have gone beyond religious freedom-based legal strategies in articulating their sacred claims: in (e.g.) the technocratic language of "cultural resource" under American environmental and historic preservation law; in terms of the limited sovereignty accorded to Native tribes under federal Indian law; and (increasingly) in the political language of "indigenous rights" according to international human rights law (especially in light of the 2007 U.N. Declaration of the Rights of Indigenous Peoples). And yet the language of religious freedom, which resonates powerfully in the US, continues to be deployed, propelling some remarkably useful legislative and administrative accommodations such as the 1990 Native American Graves Protection and Reparation Act. As McNally's book shows, native communities draw on the continued rhetorical power of religious freedom language to attain legislative and regulatory victories beyond the First Amendment"--
Author | : Amanda Cats-Baril |
Publisher | : International Institute for Democracy and Electoral Assistance (International IDEA) |
Total Pages | : 228 |
Release | : 2020-08-09 |
Genre | : Law |
ISBN | : 9176713245 |
Download Indigenous Peoples’ Rights in Constitutions Assessment Tool Book in PDF, ePub and Kindle
The Indigenous Peoples’ Rights in Constitutions Assessment Tool helps users to analyse a constitution from the perspective of indigenous peoples’ rights. Using a series of questions, short explanations and example provisions from constitutions around the world, the Assessment Tool guides its users through the text of a constitution and allows for systematic analysis of the language and provisions of a constitutional text to assess how robustly indigenous peoples’ rights are reflected in it. A constitution articulates a vision that reflects a state’s values and history, as well as its aspirational objectives for the future. As the supreme law of a state, the constitution defines its structure and institutions, distributes political power, and recognizes and protects fundamental rights, critically determining the relationship between citizens and governments. Embedding in a constitution recognition of and rights-based protections for specific groups, such as indigenous peoples, can give these groups and their rights enhanced protection. This can be furthered by providing for specialized institutions and processes to deepen the realization of those rights in practice.
Author | : Bartolomé Clavero |
Publisher | : Robbins Collection, School of Law |
Total Pages | : 202 |
Release | : 2005 |
Genre | : Social Science |
ISBN | : 9781882239160 |
Download Freedom's Law and Indigenous Rights Book in PDF, ePub and Kindle
Author | : John Borrows |
Publisher | : University of Toronto Press |
Total Pages | : 382 |
Release | : 2016-01-01 |
Genre | : Customary law |
ISBN | : 1442629231 |
Download Freedom and Indigenous Constitutionalism Book in PDF, ePub and Kindle
John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom.
Author | : University of Saskatchewan. Native Law Centre |
Publisher | : [Saskatoon] : University of Saskatchewan, Native Law Centre |
Total Pages | : 88 |
Release | : 1987 |
Genre | : Law |
ISBN | : |
Download The Rights of Indigenous Peoples in International Law Book in PDF, ePub and Kindle
Six essays in which specialists in international law examine indigenous peoples' right to self-determination from different perspectives, most of which were first presented at the International Conference on Aboriginal Rights and World Public Order organized by Carleton University and held in Ottawa in 1983. Where possible, updating information has been provided in editor's notes.
Author | : Canada |
Publisher | : |
Total Pages | : 0 |
Release | : 1996 |
Genre | : Civil rights |
ISBN | : |
Download The Constitution Act, 1982 Book in PDF, ePub and Kindle
Author | : Menno Boldt |
Publisher | : University of Toronto Press |
Total Pages | : 424 |
Release | : 1985-01-01 |
Genre | : Social Science |
ISBN | : 9780802065896 |
Download The Quest for Justice Book in PDF, ePub and Kindle
It contains some twenty-three papers from representatives of the aboriginal people's organizations, of governments, and of a variety of academic disciplines, along with introductions and an epilogue by the editors and appendices of the key constitutional documents from 1763.
Author | : Ronald Dworkin |
Publisher | : OUP Oxford |
Total Pages | : 438 |
Release | : 1999 |
Genre | : Law |
ISBN | : 0198265573 |
Download Freedom's Law Book in PDF, ePub and Kindle
Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
Author | : John Borrows |
Publisher | : University of Toronto Press |
Total Pages | : 281 |
Release | : 2010-01-01 |
Genre | : Social Science |
ISBN | : 1442610093 |
Download Drawing Out Law Book in PDF, ePub and Kindle
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.