Description |
xv, 392 pages : illustrations ; 24 cm |
Contents |
The 'principles of the Treaty of Waitangi' -- The constitutional basis of the crown's sovereignty over New Zealand and the Maori tribes -- The common law sources of Maori rights and a brief legal history of Maori land -- The legal status of Maori customary law -- The legal status of Maori property rights: common law aboriginal title -- Treaty rights and the common law: the treaty as a self-contained source of rights -- Treaty rights and international law -- The fiduciary duty of the crown to the Maori tribes -- The principles of statutory interpretation, administrative law and practice and the Treaty of Waitangi -- Introduction: parliament and Maori rights -- The Treaty of Waitangi Act: the Waitangi tribunal -- The Maori Affairs Act 1953: the Maori courts and Maori land tenure -- A jurisprudential epilogue: 'law', 'rights', 'principles', conspiracies, and the Treaty of Waitangi |
Summary |
"This account of the law surrounding the Treaty of Waitangi not only considers the constitutional nature of the relationship between Maori and Parliament, but also describes the legislative activities of the New Zealand Parliament regarding Maori, the role of the Waitangi Tribunal, and the laws affecting Maori land tenure. It addresses basic issues of constitutional law and theory including the legal aspects of the Crown's colonization of New Zealand, progressing to consider issues of contemporary relevance, such as common law aboriginal title, the developing rules of international law and the legal doctrine of the Crown's fiduciary duty"--Publisher's description |
Analysis |
Maoris Law |
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New Zealand |
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Maoris Law |
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New Zealand |
Notes |
"Aimed primarily at lawyers"--Page xiii |
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"Relationship between Maori issues and the Pakeha legal system"--Page xiii |
Bibliography |
Includes bibliographical references and index |
SUBJECT |
Treaty of Waitangi
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Treaty of Waitangi (1840 February 6) http://id.loc.gov/authorities/names/no89018088
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Subject |
Constitutional law -- New Zealand.
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Law -- New Zealand.
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Maori (New Zealand people) -- Civil rights.
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Maori (New Zealand people) -- Government relations.
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Maori (New Zealand people) -- Land tenure.
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Maori (New Zealand people) -- Legal status, laws, etc.
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LC no. |
92185441 |
ISBN |
0195582268 |
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9780195582260 |
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