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.
Author(s): Maria Salvatrice Randazzo
Series: Indigenous Peoples and the Law
Publisher: Routledge/Glasshouse
Year: 2022
Language: English
Pages: 262
City: London
Cover
Half Title
Series
Title
Copyright
Dedication
Table of Contents
List of figures
List of tables
Acknowledgements
Preface
PART ONE First Nations Constitutionalism, Conceptual Apparatus, and Methodological Framework
1 Introduction
2 A Conceptual Narrative of Constitutionalism: Modern Conceptualisations and Contemporary (Re)Formulations
3 A Conceptual Apparatus for Inquiries Into Australian First Nations Constitutionalism
4 Journeying ‘Extraordinary Places’: Methodological Approaches for a Macro-Intracultural Comparison of Australian First Nations Constitutional Orders
PART TWO The Warlpiri, Yolngu, and Pintupi Constitutional Orders Compared
5 The Genesis of the Warlpiri, Yolngu, and Pintupi Constitutional Orders
6 The Foundational Principles of the Warlpiri, Yolngu, and Pintupi Constitutional Orders
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
8 Articulation of an Emergent Legal Theory for Warlpiri, Yolngu, and Pintupi Constitutional Orders
9 Conclusions
Glossary
Bibliography
Index
