Native Liberty, Crown Sovereignty: The Existing Aboriginal Right of Self-government in CanadaMcGill-Queen's Press - MQUP, 1990 - 259 pàgines Thirteen essays explore some 500 years of literacy campaigns in vastly different societies: Reformation Germany, early modern Sweden and Scotland, 19th century US, 19th-20th century Russia and the Soviet Union, pre-revolutionary and revolutionary China, and a variety of Third World countries. The 1763 Royal Proclamation forbade non-natives under British authority to molest or disturb any tribe or tribal territory in British North America. Clark, a lawyer specializing in aboriginal rights, contends that this Proclamation had legislative force and that, since imperial law on this matter has never been repealed, the right to self-government continues to exist for Canadian natives. He also explores the difficulties of aboriginal self-government in the constitution and offers some advice to government and aboriginal negotiators. Annotation copyrighted by Book News, Inc., Portland, OR |
Des de l'interior del llibre
Resultats 1 - 5 de 44.
Pàgina vii
... Legislation ix Table of Cases xv Acknowledgments xxiii Preface xxv INTRODUCTION 3 1 COMMON LAW OF SELF - GOVERNMENT 11 Domestic Common Law 12 Constitutional Common Law 37 2 THE PREROGATIVE LEGISLATION 58 Subordination and Delegation ...
... Legislation ix Table of Cases xv Acknowledgments xxiii Preface xxv INTRODUCTION 3 1 COMMON LAW OF SELF - GOVERNMENT 11 Domestic Common Law 12 Constitutional Common Law 37 2 THE PREROGATIVE LEGISLATION 58 Subordination and Delegation ...
Pàgina xxv
... domestic common law , the only basis consistent with current federal policy is that it be treated as if it were domestic common law . That policy presumes that if ever the aboriginal right had existed it had been superseded historically ...
... domestic common law , the only basis consistent with current federal policy is that it be treated as if it were domestic common law . That policy presumes that if ever the aboriginal right had existed it had been superseded historically ...
Pàgina 4
... legislation enacted by the imperial government , which has never been repealed , and it has been endorsed by constitutionally binding common law ... domestic legislation and relegated the more significant constitutional legislation to a ...
... legislation enacted by the imperial government , which has never been repealed , and it has been endorsed by constitutionally binding common law ... domestic legislation and relegated the more significant constitutional legislation to a ...
Pàgina 5
... law , by not providing for this right , is oppressive . The truth is that ... domestic law , regarding which see , Comment , The Review : International ... common law or under the Proclamation extinguished . " The relevant sources were ...
... law , by not providing for this right , is oppressive . The truth is that ... domestic law , regarding which see , Comment , The Review : International ... common law or under the Proclamation extinguished . " The relevant sources were ...
Pàgina 8
... legal history of that particular ground . Even so the ... common law , " as used herein , means ' judge - made " law as opposed to ... domestic governments and their courts was made universally applicable Native Liberty , Crown Sovereignty.
... legal history of that particular ground . Even so the ... common law , " as used herein , means ' judge - made " law as opposed to ... domestic governments and their courts was made universally applicable Native Liberty , Crown Sovereignty.
Continguts
COMMON LAW OF SELFGOVERNMENT | 11 |
Domestic Common Law | 12 |
Constitutional Common Law | 37 |
THE PREROGATIVE LEGISLATION | 58 |
Royal Commissions Instructions and the Proclamation of 1763 | 70 |
CONTINUITY | 84 |
NonRepeal of the Prerogative Legislation | 85 |
The Indian Territories Statutes | 98 |
DISCONTINUITY THE ANTITHESIS | 124 |
Responsible Government and Enclaves | 131 |
LAW REFORM AND THE NEGOTIATION PROCESS | 147 |
CONCLUSION | 191 |
Constitutional Milestones | 205 |
219 | |
249 | |
Frases i termes més freqüents
American Indian applied basis Bear Island binding British Columbia British North America Canadian claims colonial governments Colonial Laws common law precedents confirmed Constitution Act constitutional common law constitutional law Court of Canada crimes and offences domestic common law emphasis added enacted enclaves established imperial law existing aboriginal right federal and provincial federal government Governor Ibid imperial government imperial legislation Indian Act Indian Affairs Indian Band Indian reserves Indian territory Indian Tribes inherent and full jurisdiction Justice Lord Watson LRT Review Manitoba Mohegan molested or disturbed natives non-native Ontario order in council Ottawa political prerogative legislation previously established imperial Privy Council Proclamation of 1763 Prov Province provincial governments provincial laws pursuant Quebec Act repealed right of self-government royal commissions royal instructions Royal Proclamation Rupert's Land Sechelt section 109 section 35 sovereign sovereignty statute Supra note Supreme Court Toronto treaty tribal Upper Canada Vict
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Treaty Elders of Saskatchewan: Our Dream is that Our Peoples Will One Day be ... Harold Cardinal,Walter Hildebrand Previsualització limitada - 2000 |
Inuit Women: Their Powerful Spirit in a Century of Change Janet Mancini Billson,Kyra Mancini Previsualització limitada - 2007 |