Indigenous self-determination is the recognised right of all peoples to freely determine their political status, and pursue their economic, social and cultural development. Unfinished constitutional business? offers fresh insights into the ways communities can chart their own course and realise self-determination. Because the history of colonisation is emotionally charged, the issue has been clouded by a rhetoric that has sometimes obstructed analysis.
Unfinished constitutional business? provides a comprehensive international exploration of self-determination. It argues that patterns are emerging that point to effective strategies that will allow communities to realise their goals.
Unfinished constitutional business? surveys both common law and civil law systems. The United Nations working party's definition of Indigenous people has been influenced by these different experiences of colonisation, as was the Australian High Court decision in the Mabo case; in particular, Justice Brennan's concept of a sovereign community.
Diverse jurisdictions are examined, from the Saami Parliaments of Scandinavia, to the Maori seats in the New Zealand Parliament to the Canadian experience in territorial governance. Issues that cut across jurisdictions, such as Article 8(j) of the Convention on Biological Diversity are also analysed.
The authors of Unfinished constitutional business? challenge readers to (re)consider the meanings of self-determination and their implications for community development in and to explore what self-determination might be, particularly in Australia.
- 230mm x 155mm x 22mm
- Released September 2005
- ISBN 9780855754662