Wednesday, January 29, 2020

Young co-authors "Constitutional promises of indigenous recognition: Canada, Vanuatu and the challenges of pluralism"

Professor Simon Young of the USQ School of Law and Justice has co-authored a new paper (with Professor Jennifer Corrin of UQ) titled "Constitutional promises of indigenous recognition: Canada, Vanuatu and the challenges of pluralism".  The article appears in Volume 48(4) of the Common Law World Review.  Here is the abstract:

"The Constitutions of Canada and Vanuatu commit to recognition of ‘Aboriginal rights’ and ‘customary laws’, respectively. The translation of these aspirations has led the courts deep into the challenges of pluralism, magnified here by the weight of colonialism and constitutional context. This article explores the progress in these two contrasting countries to provide a broader view of the undertaking. It is argued that the persistence of visible problems reveals more fundamental difficulties and that the collaboration essential to the task of ‘recognition’—and to shoring up Western legal systems in the modern reality—must begin earlier and run deeper."

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