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Comparative Developments in Indigenous Rights and the Role of the Judiciary

Comparative Politics
Constitutions
Courts
Race
P052
Christa Scholtz
McGill University

Building: Jean-Brillant, Floor: 4, Room: B-4315

Thursday 09:00 - 10:40 EDT (27/08/2015)

Abstract

To what extent and in what ways have Indigenous peoples used litigation in various countries? What has been the response of national judicial institutions to indigenous claims? How can we explain variations in interpretation of indigenous rights? Are there significant cross-fertilization in legal interpretation? What is the influence of international norms or international precedents on national indigenous rights regimes? Our panel presenters address these questions across four national cases: Sweden, Canada, New Zealand, and Australia.

Title Details
Maori Legal Issues in the Supreme Court 2004-2014: A Critical, Comparative and International Legal Assessment View Paper Details
Something’s Gotta Give: The Recognition of Aboriginal Title in the Supreme Court of Canada’s Tsilhqot’in decision and the Expansion of Provincial Powers View Paper Details
Equity and the 'Honour of the Crown(s)' in Settler State Legal and Political Theory View Paper Details
Sámi Rights and the Limited Role of the Judiciary in Sweden View Paper Details