Fiore, Carolina (A.A. 2024/2025) The protection of indigenous peoples’ rights: a comparative legal study of Canada, Australia and New Zealand. Tesi di Laurea in Comparative public law, Luiss Guido Carli, relatore Cristina Fasone, pp. 187. [Master's Degree Thesis]

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Abstract/Index

Framing the comparative study: Canada, Australia and New Zealand. Methodological framework: functional, historical and cultural approaches. A shared colonial history. Divergent constitutional and legal developments. The United Nations declaration on the rights of indigenous peoples. Contested sovereignties: Canada’s constitutional framework and the pursuit of indigenous self-governance. Canada’s history: from colonization to sovereignty. Canadian federalism and indigenous claims: evolution of legislation and governance. Section 35 of the Canadian constitution and key supreme court cases. The United Nations declaration on the rights of indigenous peoples: from initial rejection to (formal) implementation. From colonial occupation to constitutional silence: the missing voice of indigenous peoples in Australia. Terra nullius and the denial of aboriginal legal systems in colonial Australia. The federation and the path to independence. Legislative evolution: the interplay between judicial activity and legislation. Missed opportunities: UNDRIP, The Uluru statement from the heart and the 2023 constitutional referendum. Concluding remarks: the limits of the statutory model. From treaty promise to constitutional tension: the unfinished recognition of Māori authority in Aotearoa New Zealand. Aotearoa: the constitutional tradition of tikanga and the organization of Māori society. The unitary state and the path to independence: from the New Zealand constitution act of 1852 to the constitution act of 1986. The treaty of Waitangi act 1975 and the Waitangi tribunal. The role of courts in the crown-Māori relationship. Evolution of parliamentary representation. Domestic interaction with UNDRIP and international law. Concluding remarks: the limits of the treaty-based model.

References

Bibliografia: pp. 161-186.

Thesis Type:	Master's Degree Thesis
Institution:	Luiss Guido Carli
Degree Program:	Master's Degree Programs > Master's Degree Program in International Relations (LM-52)
Chair:	Comparative public law
Thesis Supervisor:	Fasone, Cristina
Thesis Co-Supervisor:	Griglio, Elena
Academic Year:	2024/2025
Session:	Extraordinary
Deposited by:	Alessandro Perfetti
Date Deposited:	13 Jul 2026 12:47
Last Modified:	13 Jul 2026 12:47
URI:	https://tesi.luiss.it/id/eprint/46340

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