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dc.contributor.authorGover, K
dc.date.available2014-05-22T03:55:12Z
dc.date.issued2011-01-01
dc.identifier.citationGover, K. (2011). Tribal Constitutionalism: States, Tribes, and the Governance of Membership. (1), Oxford University Press.
dc.identifier.isbn9780199587094
dc.identifier.urihttp://hdl.handle.net/11343/31661
dc.description.abstract<p>In settler societies, tribal self-governance creates a legal distinction between indigeneity (defined by settler governments) and tribal membership (defined by tribes). Many legally indigenous persons are not tribal members, and some tribal members are not legally indigenous. This book considers the membership rules included in the constitutions and membership codes of nearly 750 recognized tribes in Canada, New Zealand, Australia, and the United States. It addresses the first-order question of tribal constitutionalism: who are the members of tribes, and how are they chosen? The question is of practical and theoretical import. A large proportion of indigenous peoples in each state are not enrolled in a recognized tribe, and the majority of indigenous peoples do not live near their tribal territories. The book's empirical study challenges many of the assumptions used to model tribalism in theories of cultural pluralism, especially those that depict tribes as distinctively insular, ascriptive, and territorially-confined. The book shows that while they are descent-based groups, tribes also self-constitute relationally, by enrolling non-descendants in accordance with cultural and social criteria, and by recruiting from other indigenous communities. The book draws on tribal law and practice, political theory, legal doctrine, policy, and demographic data to critically assess the strategies used by tribes and states to manage the jurisdictional and ideological challenges of tribal membership governance.</p>
dc.publisherOxford University Press
dc.subjectLaw
dc.titleTribal Constitutionalism: States, Tribes, and the Governance of Membership
dc.typeBook
dc.identifier.doi10.1093/acprof:oso/9780199587094.001.0001
melbourne.peerreviewPeer Reviewed
melbourne.affiliationThe University of Melbourne
melbourne.affiliation.departmentLaw
melbourne.source.pages1-304
dc.research.codefor1801
dc.description.sourceedition1
melbourne.publicationid153220
melbourne.elementsid328151
pubs.edition1
melbourne.contributor.authorGover, Kirsty
melbourne.accessrightsThis item is currently not available from this repository


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