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A Comparative Analysis Of The Laws & Policies For Indigenous People In The USA, Canada & Austrailia

A Comparative Analysis Of The Laws And Policies For Indigenous People In The United States Of America, Canada & Australia With UN Declaration On Rights Of Indigenous People




Sukrit Katriar, University of Petroleum and Energy Studies

ABSTRACT

The potential for achieving justice in a multicultural society is maximized if an ethnocentric stance is avoided, especially when dealing with radically different cultures. This requires considerable flexibility in the majority justice system and an ability by its administrators to view situations from a native perspective. Many of the justice systems in Australia, Canada, and the United States do not have these characteristics, so native injustice often results. 'Anglo-based' legal systems imposed on native communities and often controlled by nonnative bureaucracies have generally failed to achieve native justice. As cultural divergences increase, so too does the potential for native injustice; this is particularly true among Australia's traditional Aboriginals, the Inuit of the Northern Arctic, and the Pueblo Indians of New Mexico. For such groups, native justice is more likely to be achieved through maximizing the use of existing customary law ways and encouraging their development. In the cases of semi acculturated native populations, the focus should shift toward sensitizing and requiring flexibility of the majority legal system. Of the three countries, such flexibility is found mostly in the United States, where separate quasi-sovereign native justice systems have developed and Congress and the courts have shown some sensitivity to the native situation. As to government involvement in the administration of justice, a major difficulty, especially in Canada and Australia, is Federal and State tensions concerning the division of powers inherent in Federal systems of government. In the Federal and State spheres, only the United States has developed a major body of law concerned with indigenous citizens.

Commenti


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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