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2 Tribalism Constitutionalized: The Tribal Governance of Membership in Australia, Canada, New Zealand, and the United States

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: 27 January 2021

This chapter takes an explicitly comparative approach to tribal constitutionalism by examining the mechanisms used by tribes to regulate membership, and explaining important regional variations evident in the findings. North American and Australasian tribal approaches to membership governance differ substantively in three areas of membership governance: the governance of descent (including the use of blood quantum rules), multiple membership, and disenrollment. The chapter reports on the methodology used to collect tribal documents and construct the datasets. It explains the variation in the publicity rules applied to tribes that determine the accessibility of their governing documents. It then explains the differences and commonalities evident in the study by reference to the type and divisibility of the resources held by tribes in each state, the content of public law on indigeneity, and the law and policy governing the recognition of tribes.

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