Constitutionalism of Australian First Nations: A Comparative Study

Author:   Maria Salvatrice Randazzo
Publisher:   Taylor & Francis Ltd
ISBN:  

9780367760281


Pages:   248
Publication Date:   29 July 2022
Format:   Hardback
Availability:   In Print   Availability explained
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Constitutionalism of Australian First Nations: A Comparative Study


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Overview

The book considers Australian First Nations constitutionalism by drawing on the chthonic constitutional traditions of three distinct Australian First Nations legal orders: the Warlpiri, Yolngu, and Pintupi legal orders, in the endeavour of identifying, via a comparative analysis, a core of similarities to be drawn upon and articulate an emergent legal theory common to the three legal orders. The comparative analysis is undertaken at the most foundational levels of their legal traditions, via the prism of a legal paradigm elaborated with reference to an Australian Indigenous cosmological, ontological, and epistemological standpoint. The proposed legal theory comprises a broad overview, general concepts, normative principles, and general working principles. In so doing, the book expounds how Australian First Nations constitutionalism unfolds into holistic orders of spiritual, political, and legal authority that are explainable in terms of legal theory. At the most foundational level, such elaboration may help delineate normative and legal constitutional patterns throughout Indigenous Australia.

Full Product Details

Author:   Maria Salvatrice Randazzo
Publisher:   Taylor & Francis Ltd
Imprint:   Routledge
Weight:   0.453kg
ISBN:  

9780367760281


ISBN 10:   0367760282
Pages:   248
Publication Date:   29 July 2022
Audience:   College/higher education ,  Tertiary & Higher Education ,  Undergraduate
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

Acknowledgments Preface PART ONE: First Nations Constitutionalism, Conceptual Apparatus, and Methodological Framework Chapter 1: Introduction Chapter 2: A conceptual narrative of constitutionalism: modern conceptualisation and contemporary (re) formulations Chapter 3: A conceptual apparatus for inquiries into Australian First Nations constitutionalism Chapter 4: Journeying ‘extraordinary places’: methodological approaches for a macro-intercultural comparison of Australian First Nations constitutional orders PART TWO: The Warlpiri, Yolngu, and Pintupi Constitutional Orders Compared Chapter 5: The genesis of the Warlpiri, Yolngu, and Pintupi constitutional orders Chapter 6: The foundational principles of the Warlpiri, Yolngu, and Pintupi constitutional orders Chapter 7: The basic institutional elements of the Warlpiri, Yolngu, and Pintupi constitutional orders PART THREE: An Emergent Legal Theory of the Warlpiri, Yolngu, and Pintupi Constitutional Orders Chapter 8: Articulation of an emergent legal theory for the Warlpiri, Yolngu, and Pintupi constitutional orders Chapter 9: Conclusion Glossary Bibliography Index

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Author Information

Dr Maria Salvatrice Randazzo is a Research Fellow at the Asian Pacific College of Business and Law, Charles Darwin University, Australia. Her areas of specialization and research include comparative legal systems, transnational law, human rights, Indigenous legal theory, Western legal theory, and Indigenous constitutionalism. She has been admitted to the Court of Appeal of Messina and the Court of Cassation of Rome as a barrister. She has also been admitted to the Northern Territory Supreme Court as a legal practitioner.

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