Native Liberty, Crown Sovereignty: The Existing Aboriginal Right of Self-government in CanadaMcGill-Queen's Press - MQUP, 1990 - 259 páginas 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contends that this Proclamation had legislative force and that, since imperial law on this matter has never been repealed, the right to self-government continues to exist for Canadian natives.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 |
Dentro del libro
Resultados 1-5 de 87
Página xxv
... right of self - government , for that right is already entrenched as an " existing aboriginal right " within the meaning of section 35 of the Constitution Act , 1982 . powers The right was confirmed by prerogative legislation and by ...
... right of self - government , for that right is already entrenched as an " existing aboriginal right " within the meaning of section 35 of the Constitution Act , 1982 . powers The right was confirmed by prerogative legislation and by ...
Página xxvi
The Existing Aboriginal Right of Self-government in Canada Bruce A. Clark. that actually confirmed the right and subsequently reiterated it has never been repealed , such supersession is a legal impossibility . Because it is basic to ...
The Existing Aboriginal Right of Self-government in Canada Bruce A. Clark. that actually confirmed the right and subsequently reiterated it has never been repealed , such supersession is a legal impossibility . Because it is basic to ...
Página 3
The Existing Aboriginal Right of Self-government in Canada Bruce A. Clark. Introduction Native liberty and crown sovereignty complement each other in Canada . Faced with numerous and warlike tribes , and not being entire- ly impervious ...
The Existing Aboriginal Right of Self-government in Canada Bruce A. Clark. Introduction Native liberty and crown sovereignty complement each other in Canada . Faced with numerous and warlike tribes , and not being entire- ly impervious ...
Página 4
The Existing Aboriginal Right of Self-government in Canada Bruce A. Clark. classes . This study demonstrates both that the right does exist2 and that its concomitant of racial segregation ( or racial liberty , depending upon one's ...
The Existing Aboriginal Right of Self-government in Canada Bruce A. Clark. classes . This study demonstrates both that the right does exist2 and that its concomitant of racial segregation ( or racial liberty , depending upon one's ...
Página 5
... right of self - government . From this cherished misconception often springs a concomitant assumption that the law , by not providing for this right , is oppressive . The truth is that the law has all along made provision for the ...
... right of self - government . From this cherished misconception often springs a concomitant assumption that the law , by not providing for this right , is oppressive . The truth is that the law has all along made provision for the ...
Contenido
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 | |
Términos y frases comunes
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
Referencias a este libro
Treaty Elders of Saskatchewan: Our Dream is that Our Peoples Will One Day be ... Harold Cardinal,Walter Hildebrand Vista previa limitada - 2000 |
Inuit Women: Their Powerful Spirit in a Century of Change Janet Mancini Billson,Kyra Mancini Vista previa limitada - 2007 |