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Aboriginal Societies and the Common LawA History of Sovereignty, Status, and Self-Determination$
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P.G. McHugh

Print publication date: 2004

Print ISBN-13: 9780198252481

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780198252481.001.0001

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A History of Aboriginal Status—the Legal Recognition of the Individual and the Group in the ‘Apparent Twilight’

A History of Aboriginal Status—the Legal Recognition of the Individual and the Group in the ‘Apparent Twilight’

Chapter:
(p.215) 4 A History of Aboriginal Status—the Legal Recognition of the Individual and the Group in the ‘Apparent Twilight’
Source:
Aboriginal Societies and the Common Law
Author(s):

P.G. McHUGH

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198252481.003.0004

By the end of the 19th century, the aboriginal peoples of Canada, Australia, and New Zealand were contained within specific statutory regimes. In America that juridical enclosure was achieved by the judicial narrowing of the doctrine of inherent sovereignty, paving the way for invasive Congressional legislation under the newborn plenary power doctrine. This chapter looks at how national laws recognized the aboriginal polity and its members through the defining use of status. The term status is used to describe the manner in which the national legal systems recognized the existence of aboriginal persons and groups.

Keywords:   aborigines, aboriginal status, Canada, Australia, New Zealand, national law, status, judicial enclosure

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