Constitutionalism of Australian First Nations: A Comparative Study

The book explores Australian First Nations constitutionalism by comparing the chthonic constitutional traditions of the Warlpiri, Yolngu, and Pintupi legal orders. It proposes a common legal theory based on an Australian Indigenous cosmological, ontological, and epistemological standpoint, outlining a holistic order of spiritual, political, and legal authority.

Format: Hardback
Length: 248 pages
Publication date: 29 July 2022
Publisher: Taylor & Francis Ltd

The book delves into Australian First Nations constitutionalism by examining the chthonic constitutional traditions of three distinct Australian First Nations legal orders: the Warlpiri, Yolngu, and Pintupi legal orders. Through a comparative analysis, it seeks to identify commonalities and articulate an emergent legal theory that unites these three legal orders. This comparative analysis is conducted at the core levels of their legal traditions, utilizing a legal paradigm developed from an Australian Indigenous cosmological, ontological, and epistemological perspective. The proposed legal theory encompasses a comprehensive overview, general concepts, normative principles, and general working principles. By elucidating how Australian First Nations constitutionalism unfolds into holistic orders of spiritual, political, and legal authority, the book provides insights into the explainability of these orders in terms of legal theory. At the most fundamental level, this elaboration can contribute to the delineation of normative and legal constitutional patterns across Indigenous Australia.

The book explores Australian First Nations constitutionalism by examining the chthonic constitutional traditions of three distinct Australian First Nations legal orders: the Warlpiri, Yolngu, and Pintupi legal orders. Through a comparative analysis, it aims to identify commonalities and develop an emergent legal theory that unites these three legal orders. This comparative analysis is conducted at the core levels of their legal traditions, utilizing a legal paradigm developed from an Australian Indigenous cosmological, ontological, and epistemological perspective. The proposed legal theory encompasses a comprehensive overview, general concepts, normative principles, and general working principles. By elucidating how Australian First Nations constitutionalism unfolds into holistic orders of spiritual, political, and legal authority, the book provides insights into the explainability of these orders in terms of legal theory. At the most fundamental level, this elaboration can contribute to the delineation of normative and legal constitutional patterns across Indigenous Australia.

Weight: 640g
Dimension: 234 x 156 (mm)
ISBN-13: 9780367760281