Introduction -- 1. Common law of self-government: Domestic common law; Constitutional common law -- 2. The prerogative legislation: Subordination and delegation principles; Royal commissions, instructions, and the Proclamation of 1763 -- 3. Continuity: Non-repeal of the prerogative legislation; Positive re-enactment: the Indian Territories Statutes -- 4. Discontinuity: the anti-thesis: The crimes and offences exception; Responsible government, and enclaves -- 5. Law reform and the negotiation process
Summary
The cornerstone of Clark's argument is the 1763 Royal Proclamation which forbade non-natives under British authority to molest or disturb any tribe or tribal territory in British North America. Clark contends that this proclamation had legislative force and that, since imperial law on this matter has never been repealed, the right to self-government continues to exist for Canadian natives
Bibliography
Includes bibliographical references (pages 219-247) and index
