Relational legal pluralism and Indigenous legal orders in Canada
نویسندگان
چکیده
Abstract The survival and resurgence of Indigenous legal orders constitutional traditions in Canada, as elsewhere, disrupt the normative hegemony liberal state articulate a constitutionalism that accounts for plurality laws. How can non-state interact across vastly different worlds? their interaction address colonial power imbalance what role should recognition play this relationship? This article draws on work Ralf Michaels relational pluralism Aaron Mills Anishinaabe to explore how legally plural society must embrace Michaels’ challenge constitutive external recognition: idea mutually constitute each other through without interfering with other’s factual status law. External is consistent strong distinct from within multicultural state, form weak continued colonialism. Mills’ discussion treaty, rather than contract, foundation shared political community assists imagining with/in Canada which domination. Linkage norms may help establish reciprocal relations among law orders, enactment such ‘tertiary rules recognition’ itself shift balance power.
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ژورنال
عنوان ژورنال: Global constitutionalism
سال: 2022
ISSN: ['2045-3817', '2045-3825']
DOI: https://doi.org/10.1017/s2045381722000193