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From: Tribal Constitutionalism: States, Tribes, and the Governance of Membership

Kirsty Gover

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 14 June 2021

In Australia, Canada, New Zealand, and the United States, tribes are now required to adopt written constitutions and membership rules as a condition of official recognition. Tribal constitutionalism generates a new legal and political distinction between indigeneity and tribal membership. This book considers the consequences of the distinction, including the frictions and uncertainties it creates, and examines the strategies adopted by tribes and settler governments to manage them. The idea of tribal self‐governance is now embedded in the political theory and...
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