Chapter

Tribalism Constitutionalized: The Tribal Governance of Membership in Australia, Canada, New Zealand, and the United States

Kirsty Gover

in Tribal Constitutionalism

Published in print December 2010 | ISBN: 9780199587094
Published online January 2011 | e-ISBN: 9780191595363 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199587094.003.0003
Tribalism Constitutionalized: The Tribal Governance of Membership in Australia, Canada, New Zealand, and the United States

More Like This

Show all results sharing this subject:

  • Constitutional and Administrative Law

GO

Show Summary Details

Preview

This chapter takes an explicitly comparative approach to tribal constitutionalism by examining the mechanisms used by tribes to regulate membership, and explaining important regional variations evident in the findings. North American and Australasian tribal approaches to membership governance differ substantively in three areas of membership governance: the governance of descent (including the use of blood quantum rules), multiple membership, and disenrollment. The chapter reports on the methodology used to collect tribal documents and construct the datasets. It explains the variation in the publicity rules applied to tribes that determine the accessibility of their governing documents. It then explains the differences and commonalities evident in the study by reference to the type and divisibility of the resources held by tribes in each state, the content of public law on indigeneity, and the law and policy governing the recognition of tribes.

Keywords: comparative approach; constitutionalism; descent; blood quantum; disenrollment; North America; membership; tribes; Australasia

Chapter.  21578 words. 

Subjects: Constitutional and Administrative Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.