Waitangi and Indigenous Rights: Revolution, Law, and Legitimation
Auckland University Press, 2006 - 299페이지
This landmark study examines issues surrounding New Zealand’s Treaty of Waitangi, focusing on recent Fiji revolutions and indigenous customary rights to the seabed and foreshore. In this revised edition, the author approaches these complex and controversial matters with a careful, thorough, and principled approach while dealing with the broad constitutional issues and responding to comments made by other scholars. This study will serve as an essential tool for those working in the area and for those engaged in this contemporary debate.
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Courts Constitutions and Revolutions
emergency measures under the necessity principle
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aboriginal accepted adverse possession appears apply areas authority basic become British carried century chapter chiefs claims colonial common law conquest considered constitutional context continuing Council course Court Crown cultural custom customary developed discussion doctrine doubt effect English established example exercise exist extent extinguished fact followed further give imperial independent indigenous Islands judges jurisdiction justice kawanatanga land least legal order legal system legislation legitimacy legitimation limited Maori Maori customary matter means moral Moriori NZLR original Pakeha Parliament particular political position possession possible present principles Professor protection Queen question rangatiratanga reason recognition recognized referred regime relation remain Report respect revolution revolutionary rule rule of law seen seizure separate simply society sovereignty status successful suggest territory Treaty of Waitangi Tribunal United Kingdom valid Western writes Zealand