Constitutional promises of indigenous recognition: Canada, Vanuatu and the challenges of pluralism. (December 2019)

• Record Type: Journal Article
• Authors: Corrin, Jennifer; Young, Simon
• Is Part Of: Common law world review. Volume 48:Number 4(2019)
• Page Start: 233
• Page End: 265
• Publication Date: 2019-12
• Subjects: legal pluralism -- indigenous rights -- customary law -- Canada -- Vanuatu -- state recognition; Common law -- Periodicals; 340.57
• DOI: 10.1177/1473779519891623
• Languages: English
• ISSNs: 1473-7795

Abstract

The Constitutions of Canada and Vanuatu commit to recognition of 'Aboriginal rights' and 'customary laws', respectively. The translation of these aspirations has led the courts deep into the challenges of pluralism, magnified here by the weight of colonialism and constitutional context. This article explores the progress in these two contrasting countries to provide a broader view of the undertaking. It is argued that the persistence of visible problems reveals more fundamental difficulties and that the collaboration essential to the task of 'recognition'—and to shoring up Western legal systems in the modern reality—must begin earlier and run deeper.