Indigenous Peoples and the Future of Federalism

Indigenous Peoples and the Future of Federalism

Author: Amy Swiffen

Publisher: University of Toronto Press

Published: 2023-12-18

Total Pages: 236

ISBN-13: 1487560982

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As a settler state, Canada’s claims to sovereign control over territory are contested by Indigenous claims to land and to self-determination. Indigenous Peoples and the Future of Federalism presents legal analyses that explore forms of federalism and their potential to include multiple and divided sovereignties. This collection aims to advance reconciliation with Indigenous peoples in Canada and elsewhere by developing jurisprudence on the possibilities for a nation-to-nation relationship between Indigenous nations and Crown sovereignty. Contributors use legal creativity to explore how federalism can be structured to include the constitutional jurisdiction of Indigenous nations. Several chapters are grounded in the Canadian context while others connect the issues to international law and other settler colonial jurisdictions, recognizing how Indigenous resistance to settler laws and government decisions can at the same time be the enactment of Indigenous legalities and constitutional cultures. Ultimately, Indigenous Peoples and the Future of Federalism offers innovative ways for Canada to move forward from this challenge using existing constitutional mechanisms to give life to a plurinational Canadian federalism inclusive of the jurisdiction of Indigenous peoples.


Book Synopsis Indigenous Peoples and the Future of Federalism by : Amy Swiffen

Download or read book Indigenous Peoples and the Future of Federalism written by Amy Swiffen and published by University of Toronto Press. This book was released on 2023-12-18 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a settler state, Canada’s claims to sovereign control over territory are contested by Indigenous claims to land and to self-determination. Indigenous Peoples and the Future of Federalism presents legal analyses that explore forms of federalism and their potential to include multiple and divided sovereignties. This collection aims to advance reconciliation with Indigenous peoples in Canada and elsewhere by developing jurisprudence on the possibilities for a nation-to-nation relationship between Indigenous nations and Crown sovereignty. Contributors use legal creativity to explore how federalism can be structured to include the constitutional jurisdiction of Indigenous nations. Several chapters are grounded in the Canadian context while others connect the issues to international law and other settler colonial jurisdictions, recognizing how Indigenous resistance to settler laws and government decisions can at the same time be the enactment of Indigenous legalities and constitutional cultures. Ultimately, Indigenous Peoples and the Future of Federalism offers innovative ways for Canada to move forward from this challenge using existing constitutional mechanisms to give life to a plurinational Canadian federalism inclusive of the jurisdiction of Indigenous peoples.

Forced Federalism

Forced Federalism

Author: Jeff Corntassel

Publisher: University of Oklahoma Press

Published: 2008

Total Pages: 292

ISBN-13: 9780806139067

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Over the past twenty years, American Indian policy has shifted from self-determination to “Forced Federalism” as indigenous nations in the United States have encountered new threats from state and local tribes over such issues as taxation, gaming, and homeland security. This book demonstrates how today's indigenous nations have taken unprecedented steps to reorient themselves politically in response to such challenges to their sovereignty.


Book Synopsis Forced Federalism by : Jeff Corntassel

Download or read book Forced Federalism written by Jeff Corntassel and published by University of Oklahoma Press. This book was released on 2008 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past twenty years, American Indian policy has shifted from self-determination to “Forced Federalism” as indigenous nations in the United States have encountered new threats from state and local tribes over such issues as taxation, gaming, and homeland security. This book demonstrates how today's indigenous nations have taken unprecedented steps to reorient themselves politically in response to such challenges to their sovereignty.

Canadian Federalism and Its Future

Canadian Federalism and Its Future

Author: Alain-G. Gagnon

Publisher: McGill-Queen's Press - MQUP

Published: 2020-09-23

Total Pages:

ISBN-13: 0228002516

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The time is ripe to revisit Canada's past and redress its historical wrongs. Yet in our urgency to imagine roads to reconciliation with Indigenous peoples, it is important to keep in sight the many other forms of diversity that Canadian federalism has historically been designed to accommodate or could also reflect more effectively. Canadian Federalism and Its Future brings together international experts to assess four fundamental institutions: bicameralism, the judiciary as arbiter of the federal deal, the electoral system and party politics, and intergovernmental relations. The contributors use comparative and critical lenses to appraise the repercussions of these four dimensions of Canadian federalism on key actors, including member states, constitutive units, internal nations, Indigenous peoples, and linguistic minorities. Pursuing the work of The Constitutions That Shaped Us (2015) and The Quebec Conference of 1864 (2018), this third volume is a testimony to Canada's successes and failures in constitutional design. Reflecting on the cultural pluralism inherent in this country, Canadian Federalism and Its Future offers thought-provoking lessons for a world in search of concrete institutional solutions, within and beyond the traditional nation-state.


Book Synopsis Canadian Federalism and Its Future by : Alain-G. Gagnon

Download or read book Canadian Federalism and Its Future written by Alain-G. Gagnon and published by McGill-Queen's Press - MQUP. This book was released on 2020-09-23 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The time is ripe to revisit Canada's past and redress its historical wrongs. Yet in our urgency to imagine roads to reconciliation with Indigenous peoples, it is important to keep in sight the many other forms of diversity that Canadian federalism has historically been designed to accommodate or could also reflect more effectively. Canadian Federalism and Its Future brings together international experts to assess four fundamental institutions: bicameralism, the judiciary as arbiter of the federal deal, the electoral system and party politics, and intergovernmental relations. The contributors use comparative and critical lenses to appraise the repercussions of these four dimensions of Canadian federalism on key actors, including member states, constitutive units, internal nations, Indigenous peoples, and linguistic minorities. Pursuing the work of The Constitutions That Shaped Us (2015) and The Quebec Conference of 1864 (2018), this third volume is a testimony to Canada's successes and failures in constitutional design. Reflecting on the cultural pluralism inherent in this country, Canadian Federalism and Its Future offers thought-provoking lessons for a world in search of concrete institutional solutions, within and beyond the traditional nation-state.

Federalism and National Diversity in the 21st Century

Federalism and National Diversity in the 21st Century

Author: Alain-G. Gagnon

Publisher: Springer Nature

Published: 2020-03-21

Total Pages: 349

ISBN-13: 3030384195

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This edited volume explores the obstacles to and opportunities for the development and entrenchment of a sustainable and representative multinational federalism. In doing so, it tackles a striking puzzle: on the one hand, scholars agree that deeply diverse multinational and multiethnic democracies should adopt federal structures that reflect and empower territorially concentrated diversity. On the other hand, there are very few, if any, real examples of enshrined and fully operative substantive multinational federalism. What are the main roadblocks to the adoption of multinational federalism? Can they be overcome? Is there a roadmap to realizing multinational federalism in the twenty-first century? In addressing these questions, this book brings together scholars from across the globe who explore a diverse range of cases from different and innovative analytical approaches. The chapters contribute to answering the above questions, each in their own way, while also addressing other important aspects of multinational federalism. The book concludes that the way forward likely depends on the emergence of a specific set of norms and a receptiveness to the complex institutional design.


Book Synopsis Federalism and National Diversity in the 21st Century by : Alain-G. Gagnon

Download or read book Federalism and National Diversity in the 21st Century written by Alain-G. Gagnon and published by Springer Nature. This book was released on 2020-03-21 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume explores the obstacles to and opportunities for the development and entrenchment of a sustainable and representative multinational federalism. In doing so, it tackles a striking puzzle: on the one hand, scholars agree that deeply diverse multinational and multiethnic democracies should adopt federal structures that reflect and empower territorially concentrated diversity. On the other hand, there are very few, if any, real examples of enshrined and fully operative substantive multinational federalism. What are the main roadblocks to the adoption of multinational federalism? Can they be overcome? Is there a roadmap to realizing multinational federalism in the twenty-first century? In addressing these questions, this book brings together scholars from across the globe who explore a diverse range of cases from different and innovative analytical approaches. The chapters contribute to answering the above questions, each in their own way, while also addressing other important aspects of multinational federalism. The book concludes that the way forward likely depends on the emergence of a specific set of norms and a receptiveness to the complex institutional design.

Nested Federalism and Inuit Governance in the Canadian Arctic

Nested Federalism and Inuit Governance in the Canadian Arctic

Author: Gary N. Wilson

Publisher: UBC Press

Published: 2020-02-15

Total Pages: 225

ISBN-13: 0774863102

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The Canadian federal system was never designed to recognize Indigenous governance, and it has resisted change. But Indigenous communities have successfully negotiated the creation of self-governing regions. Most of these are situated within existing units of the Canadian federation, creating forms of nested federalism. This governance model is transforming Canada as it reformulates the relationship between Indigenous peoples and the state. Nested Federalism and Inuit Governance in the Canadian Arctic traces the journey toward self-governance in three northern regions: Nunavik, the Inuvialuit Settlement Region, and Nunatsiavut. This meticulous analysis provides new insight into the evolution and consequences of Indigenous self-government.


Book Synopsis Nested Federalism and Inuit Governance in the Canadian Arctic by : Gary N. Wilson

Download or read book Nested Federalism and Inuit Governance in the Canadian Arctic written by Gary N. Wilson and published by UBC Press. This book was released on 2020-02-15 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Canadian federal system was never designed to recognize Indigenous governance, and it has resisted change. But Indigenous communities have successfully negotiated the creation of self-governing regions. Most of these are situated within existing units of the Canadian federation, creating forms of nested federalism. This governance model is transforming Canada as it reformulates the relationship between Indigenous peoples and the state. Nested Federalism and Inuit Governance in the Canadian Arctic traces the journey toward self-governance in three northern regions: Nunavik, the Inuvialuit Settlement Region, and Nunatsiavut. This meticulous analysis provides new insight into the evolution and consequences of Indigenous self-government.

The Future of Australian Federalism

The Future of Australian Federalism

Author: Gabrielle Appleby

Publisher: Cambridge University Press

Published: 2012-03-08

Total Pages: 505

ISBN-13: 1107006376

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This volume explains and evaluates Australia's federal system and the options for reform from various comparative and disciplinary perspectives.


Book Synopsis The Future of Australian Federalism by : Gabrielle Appleby

Download or read book The Future of Australian Federalism written by Gabrielle Appleby and published by Cambridge University Press. This book was released on 2012-03-08 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explains and evaluates Australia's federal system and the options for reform from various comparative and disciplinary perspectives.

Climate Change and Indigenous Peoples in the United States

Climate Change and Indigenous Peoples in the United States

Author: Julie Koppel Maldonado

Publisher: Springer

Published: 2014-04-05

Total Pages: 178

ISBN-13: 3319052667

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With a long history and deep connection to the Earth’s resources, indigenous peoples have an intimate understanding and ability to observe the impacts linked to climate change. Traditional ecological knowledge and tribal experience play a key role in developing future scientific solutions for adaptation to the impacts. The book explores climate-related issues for indigenous communities in the United States, including loss of traditional knowledge, forests and ecosystems, food security and traditional foods, as well as water, Arctic sea ice loss, permafrost thaw and relocation. The book also highlights how tribal communities and programs are responding to the changing environments. Fifty authors from tribal communities, academia, government agencies and NGOs contributed to the book. Previously published in Climatic Change, Volume 120, Issue 3, 2013.


Book Synopsis Climate Change and Indigenous Peoples in the United States by : Julie Koppel Maldonado

Download or read book Climate Change and Indigenous Peoples in the United States written by Julie Koppel Maldonado and published by Springer. This book was released on 2014-04-05 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a long history and deep connection to the Earth’s resources, indigenous peoples have an intimate understanding and ability to observe the impacts linked to climate change. Traditional ecological knowledge and tribal experience play a key role in developing future scientific solutions for adaptation to the impacts. The book explores climate-related issues for indigenous communities in the United States, including loss of traditional knowledge, forests and ecosystems, food security and traditional foods, as well as water, Arctic sea ice loss, permafrost thaw and relocation. The book also highlights how tribal communities and programs are responding to the changing environments. Fifty authors from tribal communities, academia, government agencies and NGOs contributed to the book. Previously published in Climatic Change, Volume 120, Issue 3, 2013.

Fragmented Democracy

Fragmented Democracy

Author: Jamila Michener

Publisher: Cambridge University Press

Published: 2018-03-22

Total Pages:

ISBN-13: 1108245323

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Medicaid is the single largest public health insurer in the United States, covering upwards of 70 million Americans. Crucially, Medicaid is also an intergovernmental program that yokes poverty to federalism: the federal government determines its broad contours, while states have tremendous discretion over how Medicaid is designed and implemented. Where some locales are generous and open handed, others are tight-fisted and punitive. In Fragmented Democracy, Jamila Michener demonstrates the consequences of such disparities for democratic citizenship. Unpacking how federalism transforms Medicaid beneficiaries' interpretations of government and structures their participation in politics, the book examines American democracy from the vantage point(s) of those who are living in or near poverty, (disproportionately) Black or Latino, and reliant on a federated government for vital resources.


Book Synopsis Fragmented Democracy by : Jamila Michener

Download or read book Fragmented Democracy written by Jamila Michener and published by Cambridge University Press. This book was released on 2018-03-22 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Medicaid is the single largest public health insurer in the United States, covering upwards of 70 million Americans. Crucially, Medicaid is also an intergovernmental program that yokes poverty to federalism: the federal government determines its broad contours, while states have tremendous discretion over how Medicaid is designed and implemented. Where some locales are generous and open handed, others are tight-fisted and punitive. In Fragmented Democracy, Jamila Michener demonstrates the consequences of such disparities for democratic citizenship. Unpacking how federalism transforms Medicaid beneficiaries' interpretations of government and structures their participation in politics, the book examines American democracy from the vantage point(s) of those who are living in or near poverty, (disproportionately) Black or Latino, and reliant on a federated government for vital resources.

American Indian Law

American Indian Law

Author: Robert N. Clinton

Publisher:

Published: 2005

Total Pages: 1466

ISBN-13:

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Book Synopsis American Indian Law by : Robert N. Clinton

Download or read book American Indian Law written by Robert N. Clinton and published by . This book was released on 2005 with total page 1466 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Policy Transformation in Canada

Policy Transformation in Canada

Author: Carolyn Hughes Tuohy

Publisher: University of Toronto Press

Published: 2019-04-08

Total Pages: 200

ISBN-13: 1487519877

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Canada's centennial anniversary in 1967 coincided with a period of transformative public policymaking. This period saw the establishment of the modern welfare state, as well as significant growth in the area of cultural diversity, including multiculturalism and bilingualism. Meanwhile, the rising commitment to the protection of individual and collective rights was captured in the project of a "just society." Tracing the past, present, and future of Canadian policymaking, Policy Transformation in Canada examines the country's current and most critical challenges: the renewal of the federation, managing diversity, Canada's relations with Indigenous peoples, the environment, intergenerational equity, global economic integration, and Canada's role in the world. Scrutinizing various public policy issues through the prism of Canada’s sesquicentennial, the contributors consider the transformation of policy and present an accessible portrait of how the Canadian view of policymaking has been reshaped, and where it may be heading in the next fifty years.


Book Synopsis Policy Transformation in Canada by : Carolyn Hughes Tuohy

Download or read book Policy Transformation in Canada written by Carolyn Hughes Tuohy and published by University of Toronto Press. This book was released on 2019-04-08 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canada's centennial anniversary in 1967 coincided with a period of transformative public policymaking. This period saw the establishment of the modern welfare state, as well as significant growth in the area of cultural diversity, including multiculturalism and bilingualism. Meanwhile, the rising commitment to the protection of individual and collective rights was captured in the project of a "just society." Tracing the past, present, and future of Canadian policymaking, Policy Transformation in Canada examines the country's current and most critical challenges: the renewal of the federation, managing diversity, Canada's relations with Indigenous peoples, the environment, intergenerational equity, global economic integration, and Canada's role in the world. Scrutinizing various public policy issues through the prism of Canada’s sesquicentennial, the contributors consider the transformation of policy and present an accessible portrait of how the Canadian view of policymaking has been reshaped, and where it may be heading in the next fifty years.