Chapter

A History of Aboriginal Status—the Legal Recognition of the Individual and the Group in the ‘Apparent Twilight’

P.G. McHUGH

in Aboriginal Societies and the Common Law

Published in print December 2004 | ISBN: 9780198252481
Published online January 2010 | e-ISBN: 9780191710438 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198252481.003.0004
A History of Aboriginal Status—the Legal Recognition of the Individual and the Group in the ‘Apparent Twilight’

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By the end of the 19th century, the aboriginal peoples of Canada, Australia, and New Zealand were contained within specific statutory regimes. In America that juridical enclosure was achieved by the judicial narrowing of the doctrine of inherent sovereignty, paving the way for invasive Congressional legislation under the newborn plenary power doctrine. This chapter looks at how national laws recognized the aboriginal polity and its members through the defining use of status. The term status is used to describe the manner in which the national legal systems recognized the existence of aboriginal persons and groups.

Keywords: aborigines; aboriginal status; Canada; Australia; New Zealand; national law; status; judicial enclosure

Chapter.  41319 words. 

Subjects: Jurisprudence and Philosophy of Law

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