First Nations, Settler Parliaments, and the Question of Consultation: Reconciling Parliamentary Supremacy and Indigenous Peoples’ Right to Self-Determination
First Nations peoples assert a right to a distinctive relationship with the state based on their pre-colonial status as self-governing sovereign communities. Ascertaining the scope of First Nations peoples’ collective right to self-determination is complex, but there is broad international agreement...
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ftyorkunivohls:oai:digitalcommons.osgoode.yorku.ca:ohlj-3680 2023-08-15T12:41:17+02:00 First Nations, Settler Parliaments, and the Question of Consultation: Reconciling Parliamentary Supremacy and Indigenous Peoples’ Right to Self-Determination Hobbs, Harry 2021-07-15T07:00:00Z application/pdf https://digitalcommons.osgoode.yorku.ca/ohlj/vol58/iss2/3 https://doi.org/10.60082/2817-5069.3680 https://digitalcommons.osgoode.yorku.ca/context/ohlj/article/3680/viewcontent/uc.pdf unknown Osgoode Digital Commons https://digitalcommons.osgoode.yorku.ca/ohlj/vol58/iss2/3 doi:10.60082/2817-5069.3680 https://digitalcommons.osgoode.yorku.ca/context/ohlj/article/3680/viewcontent/uc.pdf http://creativecommons.org/licenses/by-nc-nd/4.0/ Osgoode Hall Law Journal Law text 2021 ftyorkunivohls https://doi.org/10.60082/2817-5069.3680 2023-07-22T23:05:29Z First Nations peoples assert a right to a distinctive relationship with the state based on their pre-colonial status as self-governing sovereign communities. Ascertaining the scope of First Nations peoples’ collective right to self-determination is complex, but there is broad international agreement that it encompasses a right to be consulted on state action that will affect their interests, including in the law-making process. The problem is that the right to be consulted in the development of legislation appears to place a constraint on the power of the legislature to propose, debate, amend, and enact laws as they see fit. Does the right to consultation unduly or impermissibly fetter democratic government by imposing a procedural or substantive restriction on the introduction of proposed laws? Can this entitlement be reconciled with the constitutional value of parliamentary supremacy? In recent years, the highest courts in Australia, Canada, and Aotearoa New Zealand have explored these questions. This paper examines those decisions and considers their consequences for the appropriate constitutional relationship between First Nations Peoples and the State. Text First Nations York University Toronto, Osgoode Hall Law School: Osgoode Digital Commons Canada New Zealand Osgoode Hall Law Journal 58 2 337 384 |
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York University Toronto, Osgoode Hall Law School: Osgoode Digital Commons |
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ftyorkunivohls |
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Law |
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Law Hobbs, Harry First Nations, Settler Parliaments, and the Question of Consultation: Reconciling Parliamentary Supremacy and Indigenous Peoples’ Right to Self-Determination |
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Law |
description |
First Nations peoples assert a right to a distinctive relationship with the state based on their pre-colonial status as self-governing sovereign communities. Ascertaining the scope of First Nations peoples’ collective right to self-determination is complex, but there is broad international agreement that it encompasses a right to be consulted on state action that will affect their interests, including in the law-making process. The problem is that the right to be consulted in the development of legislation appears to place a constraint on the power of the legislature to propose, debate, amend, and enact laws as they see fit. Does the right to consultation unduly or impermissibly fetter democratic government by imposing a procedural or substantive restriction on the introduction of proposed laws? Can this entitlement be reconciled with the constitutional value of parliamentary supremacy? In recent years, the highest courts in Australia, Canada, and Aotearoa New Zealand have explored these questions. This paper examines those decisions and considers their consequences for the appropriate constitutional relationship between First Nations Peoples and the State. |
format |
Text |
author |
Hobbs, Harry |
author_facet |
Hobbs, Harry |
author_sort |
Hobbs, Harry |
title |
First Nations, Settler Parliaments, and the Question of Consultation: Reconciling Parliamentary Supremacy and Indigenous Peoples’ Right to Self-Determination |
title_short |
First Nations, Settler Parliaments, and the Question of Consultation: Reconciling Parliamentary Supremacy and Indigenous Peoples’ Right to Self-Determination |
title_full |
First Nations, Settler Parliaments, and the Question of Consultation: Reconciling Parliamentary Supremacy and Indigenous Peoples’ Right to Self-Determination |
title_fullStr |
First Nations, Settler Parliaments, and the Question of Consultation: Reconciling Parliamentary Supremacy and Indigenous Peoples’ Right to Self-Determination |
title_full_unstemmed |
First Nations, Settler Parliaments, and the Question of Consultation: Reconciling Parliamentary Supremacy and Indigenous Peoples’ Right to Self-Determination |
title_sort |
first nations, settler parliaments, and the question of consultation: reconciling parliamentary supremacy and indigenous peoples’ right to self-determination |
publisher |
Osgoode Digital Commons |
publishDate |
2021 |
url |
https://digitalcommons.osgoode.yorku.ca/ohlj/vol58/iss2/3 https://doi.org/10.60082/2817-5069.3680 https://digitalcommons.osgoode.yorku.ca/context/ohlj/article/3680/viewcontent/uc.pdf |
geographic |
Canada New Zealand |
geographic_facet |
Canada New Zealand |
genre |
First Nations |
genre_facet |
First Nations |
op_source |
Osgoode Hall Law Journal |
op_relation |
https://digitalcommons.osgoode.yorku.ca/ohlj/vol58/iss2/3 doi:10.60082/2817-5069.3680 https://digitalcommons.osgoode.yorku.ca/context/ohlj/article/3680/viewcontent/uc.pdf |
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http://creativecommons.org/licenses/by-nc-nd/4.0/ |
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https://doi.org/10.60082/2817-5069.3680 |
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Osgoode Hall Law Journal |
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58 |
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2 |
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337 |
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384 |
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