Tribal Constitutionalism: States, Tribes, and the Governance of Membership

Hardcover | January 9, 2011

byKirsty Gover

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Recognised 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 Zealandand the United States are now obliged to adopt written constitutions as a condition of recognition, and to specify the criteria used to select members. This book presents findings from a comparative study of nearly eight hundred current and historic tribal constitutions, most of which are not in thepublic 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 membershipgovernance in the western settler states.

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Recognised 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 Zealandand the United States are now obliged to ad...

Dr. Kirsty Gover is a Senior Lecturer at Melbourne Law School and directs the Law School's Comparative Tribal Constitutionalism Research Program. Her research and publications address the domestic and international law, policy and political theory of indigeneity and indigenous self-governance. She has worked as a senior advisor and co...
Format:HardcoverDimensions:320 pages, 9.21 × 6.14 × 0.1 inPublished:January 9, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199587094

ISBN - 13:9780199587094

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Table of Contents

Introduction1. Tribal Membership Governance and the Cultural Production of Indigeneity: Reflecting Inter-indigenous Recognition in Public Policy2. Tribalism Constitutionalized: The Tribal Practice of Membership Governance in Australia, Canada, New Zealand and the United States3. Genealogy as Continuity : Explaining The Growing Tribal Preference for Descent Rules In Membership Governance in the United States4. Reparations and Tribal Constitutionalism: The Impact of Claims-Settlement on Tribal Membership Governance in Australia and New ZealandConclusionAppendix: Table of Tribal Constitutions