Themes And Issues In The Constitutional Process For A New Western Territory
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Territory and Power in Constitutional Transitions by George Anderson,Sujit Choudhry Pdf
This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina. While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.
The Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain by Alberto López - Basaguren,Leire Escajedo San Epifanio Pdf
Territorial autonomy in Spain has reached a crossroads. After over thirty years of development, the consensus regarding its appropriateness has started to crumble. The transformation project embodied by the reform of Statute of Catalonia (2006) has failed to achieve its most significant demands. Although the concept of Spain as a Federation is disputed -more within the country than beyond-, the evolution of the Spanish system needs to follow a markedly federalist path. In this perspective, reference models assume critical importance. This edition gathers the works of a broad group of European, American and Spanish experts who analyse the present-day challenges of their respective systems. The objective, thus, is to contribute ideas which might help to address the evolution of the Spanish system in the light of the experience of more established Federations. This first volume analyses the challenges facing federal systems in the age of globalisation from a global perspective. It also addresses current questions and the challenges faced today by, in the sphere of the internal division of powers, the most significant ‘western’ federal systems, on the one hand, and the Spanish system of territorial autonomy, on the other.
Author : John Borrows Publisher : University of Toronto Press Page : 382 pages File Size : 47,6 Mb Release : 2016-05-12 Category : Social Science ISBN : 9781442630956
Freedom and Indigenous Constitutionalism by John Borrows Pdf
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 : Canada. Indian and Northern Affairs Canada Publisher : Indian and Northern Affairs Canada Page : 42 pages File Size : 50,8 Mb Release : 2003 Category : Indian land transfers ISBN : 0662352394
Author : Menno Boldt,J. Anthony Long,Leroy Little Bear Publisher : University of Toronto Press Page : 424 pages File Size : 43,7 Mb Release : 1985-01-01 Category : Social Science ISBN : 0802065899
The Quest for Justice by Menno Boldt,J. Anthony Long,Leroy Little Bear Pdf
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 : John Borrows Publisher : University of Toronto Press Page : 390 pages File Size : 41,9 Mb Release : 2019-05-06 Category : Law ISBN : 9781487531157
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 : Arctic Institute of North America Publisher : Unknown Page : 28 pages File Size : 48,9 Mb Release : 1992 Category : Arctic regions ISBN : UCSC:32106020376130
Theatre from Rhodesia to Zimbabwe by Samuel Ravengai,Owen Seda Pdf
The voices that are represented in this collection come from various parts of the world and express the views of practitioners and scholars who have all had first-hand experience working in Zimbabwean theatre from the last days of Rhodesia to Zimbabwe. The collection views the long continuum of developments in local theatre history as a case of the intrusive hegemonies that came with colonial Rhodesia as a conquest society, and localised identities in the form of the persistence of indigenous and syncretic popular forms. With time, all these came together to constitute the makings of a contested post-colony in contemporary theatre practice in Zimbabwe. The primary interest of scholars who are represented here is located at the intersection of political, cultural and performative discourses and the flow of Zimbabwean history. The focus, moreover, is not only on the history of performance cultures in postcolonial Zimbabwe - it extends its critical gaze to include the history of political ideas that gave rise to cultural contestation in the field of theatre and performance.
Sovereignty Referendums in International and Constitutional Law by İlker Gökhan Şen Pdf
This book focuses on sovereignty referendums, which have been used throughout different historical periods of democratization, decolonization, devolution, secession and state creation. Referendums on questions of sovereignty and self-determination have been a significant element of the international political and legal landscape since the French Revolution, and have been a central element in the resolution of territorial issues from the referendum in Avignon in 1791 until today. More recent examples include Quebec, East Timor, New Caledonia, Puerto Rico and South Sudan. The global aim of this book is to achieve a better empirical and legal understanding of sovereignty referendums and related problems in international and national law and politics. Accordingly, it presents readers a comprehensive study of sovereignty referendums from the perspectives of both international and constitutional law.
Author : John Borrows Publisher : University of Toronto Press Page : 281 pages File Size : 44,6 Mb Release : 2010-01-01 Category : Social Science ISBN : 9781442610095
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.
