Recognized tribes are increasingly prominent players in settler state governance, but in the wide-ranging debates about tribal self-governance, little has been said about tribal self-constitution. Who are the members of tribes, and how are they chosen? Tribes in Canada, Australia, New Zealand and the United States are now obliged to adopt written constitutions as a condition of recognition, and to specify the criteria used to select members. Tribal Constitutionalism presents findings from a comparative study of nearly eight hundred current and historic tribal constitutions, most of which are not in the public domain. Kirsty Gover examines the strategies adopted by tribes and states to deal with the new legal distinction between indigenous people (defined by settler governments) and tribal members (defined by tribal governments). She highlights the important fact that the two categories are imperfectly aligned. Many indigenous persons are not tribal members, and some tribal members are not legally indigenous. Should legal indigenous status be limited to persons enrolled in recognized tribes? What is to be done about the large and growing proportion of indigenous peoples who are not enrolled in a tribe, and do not live near their tribal territories? This book approaches these complex questions head-on. Using tribal membership criteria as a starting point, this book provides a critical analysis of current political and sociolegal theories of tribalism and indigeneity, and draws on legal doctrine, policy, demographic data and tribal practice to provide a comparative evaluation of tribal membership governance in the western settler states.

Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.

This book explains how colonial legacies and the postcolonial state of Pakistan negatively influenced the socio-political and cultural dynamics and the security situation in Pakistan's Pashtun 'tribal' areas, formerly known as the Federally Administered Tribal Areas (FATA). It offers a local perspective on peace and conflict resolution in Pakistan's Pashtun 'tribal' region. Discussing the history and background of the former-FATA region, the role of Pashtun conflict resolution mechanism of Jirga, and the persistence of colonial-era Frontier Crimes Regulations (FCR) in the region, the author argues that the persistence of colonial legacies in the Pashtun 'tribal' areas, especially the FCR, coupled with the overarching influence of the military on security policy has negatively impacted the security situation in the region. By focusing on the Jirga and Jirga-based Lashkars (or Pashtun militias), the book demonstrates how Pashtuns have engaged in their own initiatives to handle the rise of militancy in their region. Moreover, the book contends that, even after the introduction of constitutional reforms and FATA's merger with the Khyber Pakhtunkhwa province, little has changed in the region, especially regarding the treatment of 'tribal' Pashtuns as equal citizens of Pakistan. This book explains, in detail, why indigenous methods of peace and conflict resolution, such as the Jirga, could play "some" role towards long-term peace in the South Asian region. Historically and contextually informed with a focus on North-West Pakistan, this book will be of interest to academics researching South Asian Studies, International Relations, Peace and Conflict Studies, terrorism, and traditional justice and restorative forms of peace-making.

Questions at the very heart of the American experiment—about what the nation is and who its people are—have lately assumed a new, even violent urgency. As the most fundamental aspects of American citizenship and constitutionalism come under ever more powerful pressure, and as the nation’s politics increasingly give way to divisive, partisan extremes, this book responds to the critical political challenge of our time: the need to return to some conception of shared principles as a basis for citizenship and a foundation for orderly governance. In various ways and from various perspectives, this volume’s authors locate these principles in the American practice of citizenship and constitutionalism. Chapters in the book’s first part address critical questions about the nature of U.S. citizenship; subsequent essays propose a rethinking of traditional notions of citizenship in light of the new challenges facing the country. With historical and theoretical insights drawn from a variety of sources—ranging from Montesquieu, John Adams, and Henry Clay to the transcendentalists, Cherokee freedmen, and modern identitarians—American Citizenship and Constitutionalism in Principle and Practice makes the case that American constitutionalism, as shaped by several centuries of experience, can ground a shared notion of American citizenship. To achieve widespread agreement in our fractured polity, this notion may have to be based on “thin” political principles, the authors concede; yet this does not rule out the possibility of political community. By articulating notions of citizenship and constitutionalism that are both achievable and capable of fostering solidarity and a common sense of purpose, this timely volume drafts a blueprint for the building of a genuinely shared political future.

It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.

In an auditorium in Belcourt, North Dakota, on a chilly October day in 1932, Robert Bruce and his fellow tribal citizens held the political fate of the Turtle Mountain Band of Chippewa Indians in their hands. Bruce, and the others, had been asked to adopt a tribal constitution, but he was unhappy with the document, as it limited tribal governmental authority. However, white authorities told the tribal nation that the proposed constitution was a necessary step in bringing a lawsuit against the federal government over a long-standing land dispute. Bruce's choice, and the choice of his fellow citizens, has shaped tribal governance on the reservation ever since that fateful day. In this book, Keith Richotte Jr. offers a critical examination of one tribal nation's decision to adopt a constitution. By asking why the citizens of Turtle Mountain voted to adopt the document despite perceived flaws, he confronts assumptions about how tribal constitutions came to be, reexamines the status of tribal governments in the present, and offers a fresh set of questions as we look to the future of governance in Native America and beyond.

American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. “[An] important and learned book.” —Gary L. McDowell, Times Literary Supplement “Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus...Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood...All of Epstein’s particular discussions are instructive, and most of them are provocative...Epstein has written a passionate, learned, and committed book.” —Cass R. Sunstein, New Republic