Book contents
- Reviews
- Constitutionalism in Context
- Comparative Constitutional Law and Policy
- Constitutionalism in Context
- Copyright page
- Dedication
- Contents by Topic
- Contents by Region
- Figures
- Tables
- Contributors
- User’s Guide and Preface
- Abbreviations
- I Introduction to the Field
- II Concepts and Definitions
- III Constitutional Drafting and Revision
- IV Constitutional Adjudication and Interpretation
- V Rights
- 12 Social and Economic Rights: Argentina
- 13 LGBTQ Rights: Singapore
- 14 Indigenous Rights: New Zealand
- 15 Citizenship and Nationality: Cyprus
- 16 Affirmative Action: Brazil
- VI Structure
- VII Challenges to Liberal Democratic Constitutionalism
- Index
- References
14 - Indigenous Rights: New Zealand
from V - Rights
Published online by Cambridge University Press: 17 February 2022
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Book contents
- Reviews
- Constitutionalism in Context
- Comparative Constitutional Law and Policy
- Constitutionalism in Context
- Copyright page
- Dedication
- Contents by Topic
- Contents by Region
- Figures
- Tables
- Contributors
- User’s Guide and Preface
- Abbreviations
- I Introduction to the Field
- II Concepts and Definitions
- III Constitutional Drafting and Revision
- IV Constitutional Adjudication and Interpretation
- V Rights
- 12 Social and Economic Rights: Argentina
- 13 LGBTQ Rights: Singapore
- 14 Indigenous Rights: New Zealand
- 15 Citizenship and Nationality: Cyprus
- 16 Affirmative Action: Brazil
- VI Structure
- VII Challenges to Liberal Democratic Constitutionalism
- Index
- References
Summary
The modern state of New Zealand was founded on the signing of the Treaty of Waitangi between the British Crown and indigenous Maori tribes. New Zealand’s partly uncodified, partly unwritten constitution is thus structured around questions of indigenous rights and the treaty relationship between the Maori and the Crown. This chapter examines how and why the Treaty and indigenous rights play a fundamental role in New Zealand’s constitutional system, and it uses the example of New Zealand to challenge conventional understandings as to what counts as a “constitution.”
Keywords
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- Chapter
- Information
- Constitutionalism in Context , pp. 303 - 329Publisher: Cambridge University PressPrint publication year: 2022
References
Primary Sources
Charters, Claire, ‘Comparative Constitutional Law and Indigenous Peoples: Canada, New Zealand and the USA,’ in Ginsburg, Tom and Dixon, Rosalind (eds.), Comparative Constitutional Law (Edward Elgar, 2011) 170–188.Google Scholar
Kingsbury, Benedict, ‘Reconciling Five Competing Conceptual Structure of Indigenous Peoples’ Claims in International and Comparative Law’ (2001) 34 NYU Journal of International Law and Politics 189.Google Scholar
Tully, James, ‘The Struggles of Indigenous Peoples for and of Freedom,’ in Ivison, Duncan, Patton, Paul and Sanders, Will (eds.), Political Theory and the Rights of Indigenous People (Cambridge University Press, 2000) 36–59.Google Scholar
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Erueti, Andrew, ‘Conceptualising Indigenous Rights in Aotearoa New Zealand’ (2017) 27 New Zealand Universities Law Review 715.Google Scholar
Kingsbury, Benedict, ‘Competing Conceptual Approaches to Indigenous Group Issues in New Zealand Law’ (2002) 52(1) University of Toronto Law Journal 101.Google Scholar
Orange, Claudia, The Treaty of Waitangi, rev. ed. (Bridget Williams Books, 2011).CrossRefGoogle Scholar
Palmer, Matthew S. R., The Treaty of Waitangi in New Zealand’s Law and Constitution (Victoria University Press, 2008) at ch. 5.Google Scholar
Te Ara, The Encyclopedia of New Zealand, www.teara.govt.nz/en/treaty-of-waitangi.Google Scholar