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University of Toronto Press
Chapter
Publicly Available
Foreword
Chapters in this book
- Frontmatter i
- Contents v
- Foreword vii
- Introduction: Indigenous Peoples in Federal Contexts 1
-
PART ONE Futures of Canadian Federalism
- 1 Creating Inclusive Canadian Federalism 11
- 2 Consent and the Resolution of Political Relations between Indigenous Peoples and the Canadian State 42
- 3 Struggles against Domestication: The United Nations Declaration on the Rights of Indigenous Peoples and Constitutional Pluralism 61
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PART TWO Decolonizing Constitutionalism
- 4 Politicizing Indigenous Self-Determination: The UNDRIP and Legal and Political Constitutionalism 89
- 5 A Theory of Decolonial Constitutionalism: Insights from Latin America 117
- 6 The UNDRIP, the Treaty of Waitangi, and the Developing Constitution of Aotearoa New Zealand 142
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PART THREE Plurinational Federalism
- 7 Treaty Federalism, the Canadian Charter of Rights and Freedoms, and Section 25 as a Bridge across Legal Cultures 167
- 8 Positivism and Pluralism: The Legal Imagination of Sovereignty in Indigenous–State Relations 200
- 9 “To Invite New Worlds”: Indigenous Constitutionalism and the Search for a Jurisgenerative Federalism in Canada 249
- Conclusion: The Futures of Federalism 283
Chapters in this book
- Frontmatter i
- Contents v
- Foreword vii
- Introduction: Indigenous Peoples in Federal Contexts 1
-
PART ONE Futures of Canadian Federalism
- 1 Creating Inclusive Canadian Federalism 11
- 2 Consent and the Resolution of Political Relations between Indigenous Peoples and the Canadian State 42
- 3 Struggles against Domestication: The United Nations Declaration on the Rights of Indigenous Peoples and Constitutional Pluralism 61
-
PART TWO Decolonizing Constitutionalism
- 4 Politicizing Indigenous Self-Determination: The UNDRIP and Legal and Political Constitutionalism 89
- 5 A Theory of Decolonial Constitutionalism: Insights from Latin America 117
- 6 The UNDRIP, the Treaty of Waitangi, and the Developing Constitution of Aotearoa New Zealand 142
-
PART THREE Plurinational Federalism
- 7 Treaty Federalism, the Canadian Charter of Rights and Freedoms, and Section 25 as a Bridge across Legal Cultures 167
- 8 Positivism and Pluralism: The Legal Imagination of Sovereignty in Indigenous–State Relations 200
- 9 “To Invite New Worlds”: Indigenous Constitutionalism and the Search for a Jurisgenerative Federalism in Canada 249
- Conclusion: The Futures of Federalism 283