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Tribal Constitutionalism – States, Tribes, and the Governance of Membership - Oxford Scholarship Online
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Tribal Constitutionalism: States, Tribes, and the Governance of Membership

Kirsty Gover


In settler societies, tribal self-governance creates a legal distinction between indigeneity (defined by settler governments) and tribal membership (defined by tribes). Many legally indigenous persons are not tribal members, and some tribal members are not legally indigenous. This book considers the membership rules included in the constitutions and membership codes of nearly 750 recognized tribes in Canada, New Zealand, Australia, and the United States. It addresses the first-order question of tribal constitutionalism: who are the members of tribes, and how are they chosen? The question is of ... More

Keywords: tribal territories, indigenous communities, tribalism, political theory, governance, tribal law, indigeneity, membership, constitutions, cultural pluralism

Bibliographic Information

Print publication date: 2010 Print ISBN-13: 9780199587094
Published to Oxford Scholarship Online: January 2011 DOI:10.1093/acprof:oso/9780199587094.001.0001


Affiliations are at time of print publication.

Kirsty Gover, author
Senior Lecturer, Melbourne Law School