Constitutional promises of Indigenous recognition: Canada, Vanuatu and the challenges of pluralism

Corrin, Jennifer and Young, Simon (2019) Constitutional promises of Indigenous recognition: Canada, Vanuatu and the challenges of pluralism. Common Law World Review , 48 (4). pp. 233-265. ISSN 1473-7795

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Abstract

The Constitutions of Canada and Vanuatu commit to recognition of ‘Aboriginal rights’ and ‘customary laws’, respectively. The translation of these aspirations has led the courts deep into the challenges of pluralism, magnified here by the weight of colonialism and constitutional context. This article explores the progress in these two contrasting countries to provide a broader view of the undertaking. It is argued that the persistence of visible problems reveals more fundamental difficulties and that the collaboration essential to the task of ‘recognition’—and to
shoring up Western legal systems in the modern reality—must begin earlier and run deeper.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Accepted version deposited in accordance with the copyright policy of the publisher.
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 July 2013 -)
Faculty/School / Institute/Centre: Current - Institute for Resilient Regions - Centre for Heritage and Culture (1 Aug 2018 -)
Date Deposited: 23 Jan 2020 07:13
Last Modified: 30 Jan 2020 01:20
Uncontrolled Keywords: constitutional recognition, Indigenous peoples, Canada, Vanuatu, constitutional law, customary law, Aboriginal rights, Aboriginal title
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180124 Property Law (excl. Intellectual Property Law)
18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law
18 Law and Legal Studies > 1801 Law > 180110 Criminal Law and Procedure
18 Law and Legal Studies > 1801 Law > 180120 Legal Institutions (incl. Courts and Justice Systems)
18 Law and Legal Studies > 1801 Law > 180114 Human Rights Law
18 Law and Legal Studies > 1801 Law > 180101 Aboriginal and Torres Strait Islander Law
18 Law and Legal Studies > 1801 Law > 180106 Comparative Law
18 Law and Legal Studies > 1801 Law > 180119 Law and Society
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940405 Law Reform
C Society > 95 Cultural Understanding > 9505 Understanding Past Societies > 950599 Understanding Past Societies not elsewhere classified
C Society > 95 Cultural Understanding > 9505 Understanding Past Societies > 950506 Understanding the Past of the Americas
C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940406 Legal Processes
Identification Number or DOI: 10.1177/1473779519891623
URI: http://eprints.usq.edu.au/id/eprint/37606

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