Freedom and Indigenous Constitutionalism - Brossura

Borrows, John

Brossura

ISBN 10: 1442629231 ISBN 13: 9781442629233

Casa editrice: Univ of Toronto Pr, 2016

Riassunto

Indigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance.

Demonstrating how Canada’s constitutional structures marginalize Indigenous peoples’ ability to exercise power in the real world, John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom. Among the stimulating issues he approaches are the democratic potential of civil disobedience, the hazards of applying originalism rather than living tree jurisprudence in the interpretation of Aboriginal and treaty rights, American legislative actions that could also animate Indigenous self-determination in Canada, and the opportunity for Indigenous governmental action to address violence against women.

Su questo libro

L'autore:

John Borrows is the Canada Research Chair in Indigenous Law in the Faculty of Law at the University of Victoria and is the winner of both the Canadian Political Science Association's Donald Smiley Prize (for Recovering Canada) and the Canadian Law and Society Association Book Prize (for Canada's Indigenous Constitution)..

Su questa edizione

• Editore: Univ of Toronto Pr
• Data di pubblicazione: 2016
• ISBN 10: 1442629231
• ISBN 13: 9781442629233
• Rilegatura: Copertina flessibile
• Numero edizione: 1
• Numero di pagine: 371