Native liberty, crown sovereignty : the existing Aboriginal right of self-government in Canada / Bruce Clark.
1990
KIB2002 .C53 1990 (Mapit)
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Details
Author
Title
Native liberty, crown sovereignty : the existing Aboriginal right of self-government in Canada / Bruce Clark.
Imprint
Montreal ; Buffalo : McGill-Queen's University Press, [1990]
Description
xxvi, 259 pages ; 24 cm
Series
McGill-Queen's native and northern series ; 4.
Formatted Contents Note
Introduction
1. Common law of self-government
2. The prerogative legislation
3. Continuity
Discontinuity: the anti-thesis
5. Law reform and the negotiation process
Conclusion.
1. Common law of self-government
2. The prerogative legislation
3. Continuity
Discontinuity: the anti-thesis
5. Law reform and the negotiation process
Conclusion.
Summary
"It is generally assumed in Canada that native liberty and crown sovereignty are antagonistic and mutually exclusive forces. In this penetrating study, Bruce Clark shows that they are in fact complementary. The British government exercised its sovereignty in the eighteenth century in order to protect the liberty of the natives of Canada to continue governing themselves. Clark argues that this recognition continues to bind federal and provincial governments constitutionally, even though these governments habitually flout the law in practice.
Bibliography, etc. Note
Includes bibliographical references (pages 219-247) and index.
Call Number
KIB2002 .C53 1990
Language
English
ISBN
0773507671
9780773507678
0773509461 (pbk.)
9780773509467 (pbk.)
9780773562547
0773562540
9780773507678
0773509461 (pbk.)
9780773509467 (pbk.)
9780773562547
0773562540
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