“The Crown’s relationship with tribal peoples and the legal dynamics for the resolution of historical and contemporary claims”
View / Open Files
Authors
McHugh, PG
Publication Date
2015-10Journal Title
Law Review
ISSN
1171-042X
Publisher
Victoria University of Wellington
Volume
46
Issue
3
Pages
875-906
Type
Article
This Version
VoR
Metadata
Show full item recordCitation
McHugh, P. (2015). “The Crown’s relationship with tribal peoples and the legal dynamics for the resolution of historical and contemporary claims”. Law Review, 46 (3), 875-906. https://doi.org/10.26686/vuwlr.v46i3.4898
Abstract
This article reflects upon themes and foundations of the contemporary legalism attending the resolution of aboriginal claims. It opens with a broad description of the historical foundation of that legalism in the imperial prerogative of the Crown and its continuance in the national constitutional systems of Canada and New Zealand. It then considers how that legalism, with its origination in the imperial prerogative and the ongoing comparative dimension associated with that origin, inhabits a recent local example, namely New Zealand’s Marine and Coastal Area (Takutai Moana) Act 2011. The article shows how this provision reflects the general features of indigenous rights' jurisprudence as it has emerged over the past 30 years: it carries residual elements of the imperial prerogative and it has a comparative element, yet it is also a peculiarly New Zealand instance that marks a new step in the jurisprudence.
Identifiers
External DOI: https://doi.org/10.26686/vuwlr.v46i3.4898
This record's URL: https://www.repository.cam.ac.uk/handle/1810/296015
Rights
Publisher's own licence
Licence:
http://www.rioxx.net/licenses/all-rights-reserved
Statistics
Total file downloads (since January 2020). For more information on metrics see the
IRUS guide.
Recommended or similar items
The current recommendation prototype on the Apollo Repository will be turned off on 03 February 2023. Although the pilot has been fruitful for both parties, the service provider IKVA is focusing on horizon scanning products and so the recommender service can no longer be supported. We recognise the importance of recommender services in supporting research discovery and are evaluating offerings from other service providers. If you would like to offer feedback on this decision please contact us on: support@repository.cam.ac.uk