Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 6 of 6 for “"Crown Sovereignty"”.
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The Political Entanglements of Recognition: Aboriginal Title, Crown Sovereignty, and Indigenous Self Determination
… and adequate articulation of the ongoing sovereignty of Indigenous peoples in Canada. Indigenous Nations across Turtle Island have questioned to what degree Canada "owns" their lands, and have done so in a myriad of ways. Primarily, I centre my critical analysis on Canada’s land claims …
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The Scope Of The Possible: Canadian Courts, Emotion, And The Assertion Of Crown Sovereignty
… Court chooses not to interrogate, such as the Crown’s acquisition of radical title to all land in Canada, and other postures and commitments that impact the Court’s reasoning. The emotions analysis posits that these lacunae give us information about where resistance, aversion, fear, and other …
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Indigenous Blockades and the Power to Speak the Law: From Settler Colonialism to Indigenous Resurgence
… underlying the uncertain legal foundations of Crown sovereignty in the territory now known as Canada. The first half of the work applies the emerging literature of settler colonialism to a close reading of a selection of leading scholarship on Aboriginal rights jurisprudence to identify whether …
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Empire's Law: A Hartian Critique of the Potential of Fuller's and Radbruch's Theories to Address Legal Colonialism
… it perpetuates and depends on the assertion of Crown sovereignty, which is an extreme injustice. However, the implications of this analysis extend beyond Huson; non-Indigenous law in British Columbia would count as statutory lawlessness. In Chapter 4, I critique Fuller’s and Radbruch’s natural …
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Reconciling the Constitutional Order: Positing a New Approach to the Development of Indigenous Self-Government and Indigenous Law
… of the recognition of continuing Indigenous sovereignty by the Supreme Court of Canada and the requirement that that sovereignty and de facto Crown sovereignty be reconciled within a shared constitutional order, Canada needs a new approach to negotiating the exercise of Indigenous …
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Tino rangatiratanga in health policies and practises
… Tiriti o Waitangi. The signing of Te Tiriti saw Crown sovereignty being implemented and tino rangatiratanga ignored. The consequences for Māori have been disastrous with loss of land and economic base which has resulted in poor health status. I also argue that tino rangatiratanga has the …