TY - JOUR
T1 - Constitutional promises of indigenous recognition
T2 - Canada, Vanuatu and the challenges of pluralism
AU - Corrin, Jennifer
AU - Young, Simon
PY - 2019
Y1 - 2019
N2 - The Constitutions of Canada and Vanuatu commit to recognition of ‘Aboriginal rights’ and ‘customary laws’, respectively. The translation of these aspirations has led the courts deep into the challenges of pluralism, magnified here by the weight of colonialism and constitutional context. This article explores the progress in these two contrasting countries to provide a broader view of the undertaking. It is argued that the persistence of visible problems reveals more fundamental difficulties and that the collaboration essential to the task of ‘recognition’—and to shoring up Western legal systems in the modern reality—must begin earlier and run deeper.
AB - The Constitutions of Canada and Vanuatu commit to recognition of ‘Aboriginal rights’ and ‘customary laws’, respectively. The translation of these aspirations has led the courts deep into the challenges of pluralism, magnified here by the weight of colonialism and constitutional context. This article explores the progress in these two contrasting countries to provide a broader view of the undertaking. It is argued that the persistence of visible problems reveals more fundamental difficulties and that the collaboration essential to the task of ‘recognition’—and to shoring up Western legal systems in the modern reality—must begin earlier and run deeper.
KW - constitutional recognition, Indigenous peoples, Canada, Vanuatu, constitutional law, customary law, Aboriginal rights, Aboriginal title
U2 - 10.1177/1473779519891623
DO - 10.1177/1473779519891623
M3 - Article
SN - 1473-7795
VL - 48
SP - 223
EP - 265
JO - Common Law World Review
JF - Common Law World Review
IS - 4
ER -