Indigenous Sovereignty and the Democratic Project

1st Edition

Steven Curry

Published October 28, 2004
Reference - 192 Pages
ISBN 9780754623403 - CAT# Y233109
Series: Applied Legal Philosophy

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Liberal democracies are predicated on popular sovereignty - the ideal of government for and by the People. Throughout the developed world indigenous peoples continue to deny legitimacy to otherwise popular governments because their consent has never been sought. Using examples from Australia, New Zealand, Canada and the USA, this book tackles the problem of democratic legitimation from the perspective of indigenous peoples, arguing that having suffered conquest, these people cannot be said to consent until conditions for their consent have been realised. These conditions include constitutional change that recognizes indigenous law as the 'law of the land' - a radical proposal going far beyond the current limits of self-determination.

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