Waitangi and Indigenous Rights: Revolution, Law, and Legitimation
This landmark study examines issues surrounding New Zealand’s Treaty of Waitangi, focusing on recent Fiji revolutions and indigenous customary rights to the seabed and foreshore. In this revised edition, the author approaches these complex and controversial matters with a careful, thorough, and principled approach while dealing with the broad constitutional issues and responding to comments made by other scholars. This study will serve as an essential tool for those working in the area and for those engaged in this contemporary debate.
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Courts Constitutions and Revolutions
emergency measures under the necessity principle
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aboriginal title Aotearoa New Zealand appears apply Attorney-General autonomy basic norm British Brookfield ceded century Chatham Islands chiefs colonial common law Constitution Act Constitution Act 1986 Court of Appeal Crown cultural customary law discussion doctrine Durie effect English established exercise extinguished facto Fiji Foreshore and Seabed grundnorm hapu Ibid ideological imperial imperialist indigenous international law Islamic Jane Kelsey judges judicial justice kawanatanga King Country least legal order legal system legislation legitimacy legitimation limited Maori customary title Maori Land Court Maori society matter Mikaere Moana Jackson monarch moral Moriori Native Land Court Ngati NZLJ NZLR Pakeha Parliament political prescription principles Professor protection Queen radical recognition recognized referred Rekohu revolution revolutionary seizure rule of law sea land seizure of power slavery sovereign sovereignty status territory tino rangatiratanga Treaty of Waitangi tribal United Kingdom usurper valid Waitangi Tribunal Western Williams Zealand Constitution Zealand context