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portada Freedom and Indigenous Constitutionalism
Type
Physical Book
Author
Publisher
Year
2016
Language
English
Pages
384
Format
Paperback
Dimensions
22.6 x 15.2 x 2.8 cm
Weight
0.58 kg.
ISBN13
9781442629233
Edition No.
1
Categories

Freedom and Indigenous Constitutionalism

John Borrows (Author) · University of Toronto Press · Paperback

Freedom and Indigenous Constitutionalism - Borrows, John

New Book Imported to South Africa
Delivery: 23 Jul - 20 Aug Shipping: 16 to 20 business days.
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Synopsis "Freedom and Indigenous Constitutionalism"

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.

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