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Indigenous Sovereignty and the Democratic Project

Indigenous Sovereignty and the Democratic Project

Hardcover

Series: Applied Legal Philosophy

General Law

ISBN10: 0754623408
ISBN13: 9780754623403
Publisher: Routledge
Published: Oct 22 2004
Pages: 192
Weight: 0.99
Height: 0.50 Width: 6.14 Depth: 9.21
Language: English
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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