Tribal Constitutionalism

Tribal Constitutionalism

What is to be done about the large and growing proportion of indigenous peoples who are not enrolled in a tribe, and do not live near their tribal territories? This book approaches these complex questions head-on.

Author: Kirsty Gover

Publisher: Oxford University Press, USA

ISBN: 9780199587094

Category: Law

Page: 276

View: 611

Recognized tribes are increasingly prominent players in settler state governance, but in the wide-ranging debates about tribal self-governance, little has been said about tribal self-constitution. Who are the members of tribes, and how are they chosen? Tribes in Canada, Australia, New Zealand and the United States are now obliged to adopt written constitutions as a condition of recognition, and to specify the criteria used to select members. Tribal Constitutionalism presents findings from a comparative study of nearly eight hundred current and historic tribal constitutions, most of which are not in the public domain. Kirsty Gover examines the strategies adopted by tribes and states to deal with the new legal distinction between indigenous people (defined by settler governments) and tribal members (defined by tribal governments). She highlights the important fact that the two categories are imperfectly aligned. Many indigenous persons are not tribal members, and some tribal members are not legally indigenous. Should legal indigenous status be limited to persons enrolled in recognized tribes? What is to be done about the large and growing proportion of indigenous peoples who are not enrolled in a tribe, and do not live near their tribal territories? This book approaches these complex questions head-on. Using tribal membership criteria as a starting point, this book provides a critical analysis of current political and sociolegal theories of tribalism and indigeneity, and draws on legal doctrine, policy, demographic data and tribal practice to provide a comparative evaluation of tribal membership governance in the western settler states.
Categories: Law

Stoking the Fire

Stoking the Fire

... by turning to Cherokee constitutional understandings of citizenship, land, and
law as a lens through which to read Oskison's frontier romance Black Jack Davy.
In adopting this methodology, I draw on recent work on tribal constitutionalism ...

Author: Kirby Brown

Publisher: University of Oklahoma Press

ISBN: 9780806161839

Category: Literary Criticism

Page: 314

View: 532

The years between Oklahoma statehood in 1907 and the 1971 reemergence of the Cherokee Nation are often seen as an intellectual, political, and literary “dark age” in Cherokee history. In Stoking the Fire, Kirby Brown brings to light a rich array of writing that counters this view. A critical reading of the work of several twentieth-century Cherokee writers, this book reveals the complicated ways their writings reimagined, enacted, and bore witness to Cherokee nationhood in the absence of a functioning Cherokee state. Historian Rachel Caroline Eaton (1869–1938), novelist John Milton Oskison (1874–1947), educator Ruth Muskrat Bronson (1897–1982), and playwright Rollie Lynn Riggs (1899–1954) are among the writers Brown considers within the Cherokee national and transnational contexts that informed their lives and work. Facing the devastating effects on Cherokee communities of allotment and assimilation policies that ultimately dissolved the Cherokee government, these writers turned to tribal histories and biographies, novels and plays, and editorials and public addresses as alternative sites for resistance, critique, and the ongoing cultivation of Cherokee nationhood. Stoking the Fire shows how these writers—through fiction, drama, historiography, or Cherokee diplomacy—inscribed a Cherokee national presence in the twentieth century within popular and academic discourses that have often understood the “Indian nation” as a contradiction in terms. Avoiding the pitfalls of both assimilationist resignation and accommodationist ambivalence, Stoking the Fire recovers this period as a rich archive of Cherokee national memory. More broadly, the book expands how we think today about Indigenous nationhood and identity, our relationships with writers and texts from previous eras, and the paradigms that shape the fields of American Indian and Indigenous studies.
Categories: Literary Criticism

Comparative Constitutionalism

Comparative Constitutionalism

Indian tribes are “ distinct , independent political communities , retaining their
original natural rights ” in matters of local ... upon tribal governments similar , but
not identical , to those contained in the Bill of Rights and the constitutional right to
 ...

Author: Norman Dorsen

Publisher: West Academic

ISBN: UOM:35112204421384

Category: Law

Page: 1609

View: 946

This law school casebook examines how the vast increase in international movements of people, capital, goods, ideas and information affect politics in and beyond nation-states, the rule of law and separation of powers, and fundamental rights. It contains case excerpts from at least 40 countries in all continents, examining the assumptions, choices and trade-offs, strategies and effects of decisions from constitutional courts and human rights tribunals in different legal systems and political contexts. It discusses different theories of constitutionalism and how constitutional democracies address similar issues, in different institutional settings. The second edition newly covers the controversy concerning citations to foreign authorities in U.S. Supreme Court decisions, as well as cases arising out of the "war on terrorism," including torture. In particular, there is new material on dignity, gay marriage, data protection, pornography, religious diversity, and developments in social welfare.
Categories: Law

How Enemies Become Friends

How Enemies Become Friends

gious dividing lines—and the ability of converging social orders, constitutional
restraint, and liberal nationalism to ... But wealth redistribution and a unique
brand of tribal constitutionalism functioned effectively to fashion and sustain a
stable ...

Author: Charles A. Kupchan

Publisher: Princeton University Press

ISBN: 9780691154381

Category: Political Science

Page: 448

View: 957

Is the world destined to suffer endless cycles of conflict and war? Can rival nations become partners and establish a lasting and stable peace? How Enemies Become Friends provides a bold and innovative account of how nations escape geopolitical competition and replace hostility with friendship. Through compelling analysis and rich historical examples that span the globe and range from the thirteenth century through the present, foreign policy expert Charles Kupchan explores how adversaries can transform enmity into amity--and he exposes prevalent myths about the causes of peace. Kupchan contends that diplomatic engagement with rivals, far from being appeasement, is critical to rapprochement between adversaries. Diplomacy, not economic interdependence, is the currency of peace; concessions and strategic accommodation promote the mutual trust needed to build an international society. The nature of regimes matters much less than commonly thought: countries, including the United States, should deal with other states based on their foreign policy behavior rather than on whether they are democracies. Kupchan demonstrates that similar social orders and similar ethnicities, races, or religions help nations achieve stable peace. He considers many historical successes and failures, including the onset of friendship between the United States and Great Britain in the early twentieth century, the Concert of Europe, which preserved peace after 1815 but collapsed following revolutions in 1848, and the remarkably close partnership of the Soviet Union and China in the 1950s, which descended into open rivalry by the 1960s. In a world where conflict among nations seems inescapable, How Enemies Become Friends offers critical insights for building lasting peace.
Categories: Political Science

Citizenship

Citizenship

On the membership elements of indigenous communities in settler states, see
Kirsty Gover, Tribal Constitutionalism: States, Tribes, and the Governance of
Membership (Oxford University Press 2011). On local citizenship, Peter
Markowitz's ...

Author: Peter J. Spiro

Publisher: Oxford University Press, USA

ISBN: 9780190917302

Category: Political Science

Page: 184

View: 380

"Citizenship is a like the air we breathe; it's all around us but often goes unnoticed. That is not a historically ordinary situation. Citizenship was once an exceptional status, a kind of aristocracy of the ancient world in which freedom and political voice were not taken for granted. Even as the nation-state emerged as the primary form of human association, citizenship remained an anomalous status, reserved for the few who were privileged as such in republican democracies. More recently, it has been the individual marker of membership in all national communities. It is generic; almost everyone has it, hence the ubiquity that has made it sometimes unseen. Most people never change the citizenship that they are unthinkingly born into; they have no cause to consider it any more critically than their choice of parents. Insofar as citizenship during the twentieth century came to be aligned with national community on the ground and in the public imagination, there was even less reason to look at it searchingly"--
Categories: Political Science

American Indian Tribal Law

American Indian Tribal Law

In addition to regulating admission to practice, this bar association oversees the
election of officers and tribal bar ... Moreover, the fact that separation of powers is
a vaunted piece of dominant constitutionalism does not give it intrinsic merit in ...

Author: Matthew L.M. Fletcher

Publisher: Aspen Publishers

ISBN: 9781543813647

Category: Law

Page: 934

View: 647

Nearly every American Indian tribe has its own laws and courts. Taken together, these courts decide thousands of cases. Many span the full panoply of law—from criminal, civil, and probate cases, to divorce and environmental disputes. American Indian Tribal Law, now in its Second Edition, surveys the full spectrum of tribal justice systems. With cases, notes, and historical context, this text is ideal for courses on American Indian Law or Tribal Governments—and an essential orientation to legal practice within tribal jurisdictions. New to the Second Edition: A new chapter on professional responsibility and the regulation of lawyers in tribal jurisdictions Enhanced materials on Indian child welfare Additional materials on tribal laws that incorporate Indigenous language and culture Additional examples from tribal justice systems and practice Recent and noteworthy cases from tribal courts Professors and students will benefit from: A broad survey of dispute resolution systems within tribal jurisdictions A review of recent flashpoints in tribal law, such as internal tribal political matters, including intractable citizenship and election disputes enhanced criminal jurisdiction over nonmembers and non-Indians tribal constitutional reform, including a case study on the White Earth Nation Cases and material reflecting a wide range of American Indian tribes and legal issues Excerpts and commentary from a wellspring of current scholarship
Categories: Law

Dynamics of Power Relations in Tribal Societies of North East India

Dynamics of Power Relations in Tribal Societies of North East India

... knowledge of native tribals . In the colonial anthropology J . F . Stephen
represented the former type of state while H . H . Risley and Elwin represented
the latter . Liberal constitutionalism Liberal constitutionalism appeared under the
aegis of ...

Author: B. Datta-Ray

Publisher:

ISBN: UOM:39015069133703

Category: India, Northeastern

Page: 288

View: 595

Contributed articles presented earlier at a seminar, held Dec. 13-14, 2004; organized by the North-East India Council for Social Science Research, Shillong.
Categories: India, Northeastern

Constitutionalism

Constitutionalism

discipline and respect for order and authority outside the tribe could not be found
. The lack of respect ... One of the most itemized boasts of their ancient poets is
that their tribes ' fought the kings ' and refused to submit to any of them . . . Certain
 ...

Author: Mohammad Taki Mehdi

Publisher:

ISBN: UOM:39015021776334

Category: Constitutional history

Page: 922

View: 790

Categories: Constitutional history

The Myth of Constitutionalism in Pakistan

The Myth of Constitutionalism in Pakistan

The whole of Arabia , save some territories , was independent ; it was , however ,
divided into tribal principalities . With a rudimentary political organization ,
Bedouin tribalism was the salient feature of Arabia . Each tribe was headed by
some ...

Author: Zulfikar Khalid Maluka

Publisher: Oxford University Press, USA

ISBN: 0195775724

Category: Political Science

Page: 362

View: 695

An evaluation of constitutional developments in Pakistan from 1947 to 1994.
Categories: Political Science

Special Presentation

Special Presentation

A . IRA - Era Constitution - Making : Creating Tribes by Organizing Indians In
what follows , I describe the exogenous influences operating on tribal
constitutionalism in the IRA era , from 1934 to 1950 . The conditions under which
constitutions ...

Author:

Publisher:

ISBN: STANFORD:36105063781533

Category: American literature

Page: 327

View: 692

Categories: American literature

American Indian Law Review

American Indian Law Review

A. IRA - Era Constitution - Making : Creating Tribes by Organizing Indians In what
follows , I describe the exogenous influences operating on tribal constitutionalism
in the IRA era , from 1934 to 1950. The conditions under which constitutions ...

Author:

Publisher:

ISBN: UCSC:32106020075559

Category: Indians of North America

Page:

View: 297

Categories: Indians of North America

Constitutionalism in Islamic Law

Constitutionalism in Islamic Law

Fief holders were divided into two classes - the territorial fief holder ( cima cidibe )
and the tribal head ( cima jilibe ) . The senior fief holders ( cima cidibe kura ; and
the cina jilibe kura ) resided in the capital where they could serve as the Co ...

Author: Ahmadu Bello University. Centre for Islamic Legal Studies

Publisher:

ISBN: STANFORD:36105044009400

Category: Constitutional law

Page: 203

View: 521

Categories: Constitutional law

Majimboism Ethnic Cleansing and Constitutionalism in Kenya

Majimboism  Ethnic Cleansing  and Constitutionalism in Kenya

Majimbo advocates are essentially calling for the winding up of the present
Kenyan staie , and replacing it with tribal ... They reason that individual tribes do
not have philosophical , political , economic , religious , educational or other differ
that ...

Author: Gibson Kamau Kuria

Publisher:

ISBN: STANFORD:36105016367729

Category: Kenya

Page: 18

View: 688

Categories: Kenya

Great Plains Quarterly

Great Plains Quarterly

WILLIAM T. HAGAN Emeritus Professor of History University of Oklahoma
Constitutionalism and Native Americans ... the end and turn of the century ,
including Lone Wolf , which accepted plenary federal power over tribal life and
governance .

Author:

Publisher:

ISBN: WISC:89073122228

Category: Great Plains

Page:

View: 436

Categories: Great Plains

Constitutional Democracy in Africa Constitutionalism authoritarianism and statism

Constitutional Democracy in Africa  Constitutionalism  authoritarianism and statism

Tribal conflicts create a condition of instability , which is made worse by the
tensions of rapid change from a traditional to a modern economy . In the view of
the African leaders the state of affairs is comparable to a state of emergency and
a ...

Author: Benjamin Obi Nwabueze

Publisher: Spectrum Books Limited

ISBN: STANFORD:36105121811173

Category: Literary Criticism

Page: 416

View: 605

This five-volume work received a Special Commendation in the 2005 Noma Award for Publishing in Africa. The Jury cited the work as: "A magisterial and authoritative treatment of all aspects of constitutional democracy in Africa. The author cares very deeply about democracy thriving in Africa, but never weakens his objectivity in assessing its history or prospects. It places the author securely as one of Africa's great scholars."
Categories: Literary Criticism

Military Rule and Constitutionalism in Nigeria

Military Rule and Constitutionalism in Nigeria

The differences between the two cannot adequately be explained in terms of tribe
alone . They lie much deeper than that . Notwithstanding the divisive influence of
language and other cultural differences , most tribes in subSaharan Africa ...

Author: Benjamin Obi Nwabueze

Publisher:

ISBN: UVA:X002712109

Category: Civil rights

Page: 368

View: 151

Categories: Civil rights

Constitutionalism in the Emergent States

Constitutionalism in the Emergent States

peoples of the emergent states sufficient to sustain constitutional government .
Nigeria again will be taken as an illustrative case . The Social Structure of the
Nigerian State The tribe is a universal phenomenon in the social structure of
African ...

Author: Benjamin Obi Nwabueze

Publisher: Hurst & Company

ISBN: UOM:39015003766428

Category: Constitutional law

Page: 316

View: 151

Categories: Constitutional law

Constitution and Constitutionalism in India

Constitution and Constitutionalism in India

The deplorable conditions of the tribals constitute a danger to national integration
. Tribal backwardness resulting in increasing political assertiveness has been the
offshoot of their poverty , ignorance , economic exploitation and invasion on ...

Author: Surya Narayan Misra

Publisher: A.P.H. Publishing Corporation

ISBN: UOM:39015042002199

Category: Constitutional law

Page: 413

View: 926

Papers presented at a seminar in 1994.
Categories: Constitutional law

Constitutionalism in Asia

Constitutionalism in Asia

The first important step taken by the Assembly in this connection was the
formation of the Advisory Committee on the rights of citizens , minorities , and
tribal and excluded areas . Under the terms of the Cabinet Mission Statement of
May 16 ...

Author: Australian Association for Cultural Freedom

Publisher: Bombay ; New York : Asia Publishing House

ISBN: UOM:39015022743879

Category: Asia

Page: 249

View: 212

Categories: Asia

Asian and African Studies

Asian and African Studies

The slow pace of modernization probably explains the absence of tribal self -
consciousness that might have posed a ... men ' s groups - elements of tribal '
constitutionalism ' ) were never fully transcended by semirepresentative councils .

Author:

Publisher:

ISBN: UOM:39015008194386

Category: Africa

Page:

View: 825

Categories: Africa