Aboriginal Self-Government through Constitutional Design: A Survey of Fourteen Aboriginal Constitutions in Canada

Abstract

Despite a rich and diverse literature on the revitalization of Indigenous legal traditions and constitutional orders, no one has yet looked at modern Aboriginal constitutions in Canada. This essay draws upon the comparative constitutional design and Aboriginal politics literatures to describe and analyze the texts of 14 Aboriginal constitutions. The findings suggest that these constitutional documents are similar to non-Aboriginal ones in many ways. Specifically, both deal with similar political problems and try to express and protect local political cultures. In short, they represent practical attempts to marry Aboriginal and non-Aboriginal constitutional orders and legal traditions in the contemporary context. Students of Aboriginal politics and law should pay greater attention to these documents, and especially to their origins and evolution over time.

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