Normative Dimensions of an Aboriginal Right of Self-Government

Queen's Law Journal, Vol. 21, p. 173, 1995

47 Pages Posted: 28 Jul 2008

See all articles by Patrick Macklem

Patrick Macklem

University of Toronto - Faculty of Law

Abstract

This article criticizes justifications for an Aboriginal right of self-government which simply point to international or domestic legal sources as support for the recognition of the right. Rather than solely relying on positivist rationales, it identifies five philosophical or normative justifications commonly put forward in support of an Aboriginal right of self-government; namely, claims to prior occupancy, prior sovereignty, treaties, self-determination, and preservation of minority culture. After assessing the strengths and weaknesses of each, it concludes that none of these perspectives alone can fully support an Aboriginal right of self-government, as distinct from a right of self-determination. What is required is a synthesis of these justifications understood by reference to principles of formal and substantive equality.

Suggested Citation

Macklem, Patrick, Normative Dimensions of an Aboriginal Right of Self-Government. Queen's Law Journal, Vol. 21, p. 173, 1995, Available at SSRN: https://ssrn.com/abstract=1176657

Patrick Macklem (Contact Author)

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada
416-978-3873 (Phone)
416-978-7899 (Fax)

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
144
Abstract Views
902
rank
220,867
PlumX Metrics