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contends that this Proclamation had legislative force and that, since imperial law on this matter has never been repealed, the right to self-government continues to exist for Canadian natives.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 40.
Pàgina xxiii
... never to be the same or what they might have been , our lives were changed . As our friends , neighbours , and mentors , the aboriginal people at Bear Island occupy a large place in our hearts and I wish to acknowledge this . I also ...
... never to be the same or what they might have been , our lives were changed . As our friends , neighbours , and mentors , the aboriginal people at Bear Island occupy a large place in our hearts and I wish to acknowledge this . I also ...
Pàgina xxvi
... never been repealed , such supersession is a legal impossibility . Because it is basic to federal policy the supersession idea nevertheless dominates the current approach to law reform . It also dominates the negotiation process , which ...
... never been repealed , such supersession is a legal impossibility . Because it is basic to federal policy the supersession idea nevertheless dominates the current approach to law reform . It also dominates the negotiation process , which ...
Pàgina 3
... never abrogated and thus , under the umbrella of crown sovereignty , it continues to describe a constitutional status in Canada . The jurisdiction of federal and provincial governments to govern ceded territory is constitutionally ...
... never abrogated and thus , under the umbrella of crown sovereignty , it continues to describe a constitutional status in Canada . The jurisdiction of federal and provincial governments to govern ceded territory is constitutionally ...
Pàgina 4
... never been repealed , and it has been endorsed by constitutionally binding common law precedents . Nevertheless , some native leaders in Canada may not necessarily wish to press for recognition of the existing aboriginal right of self ...
... never been repealed , and it has been endorsed by constitutionally binding common law precedents . Nevertheless , some native leaders in Canada may not necessarily wish to press for recognition of the existing aboriginal right of self ...
Pàgina 7
... never demonstrably been unreserved - that is , never " ceded to or purchased by " the crown . The crucial point is that all land in what is now Canada started out by being reserved . 7 The aboriginal right of self - government was ...
... never demonstrably been unreserved - that is , never " ceded to or purchased by " the crown . The crucial point is that all land in what is now Canada started out by being reserved . 7 The aboriginal right of self - government was ...
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
Referències a aquest llibre
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 |