Constitutional identity and “procedural sameness“

The “procedural sameness“ of the constitutional subject is one of the contents of the identity of the constitution. It is ensured by an inclusive constitution-making process, tiered amendment mechanism and in the Member States of the EU, the entrenched-like decision-making processes in European matters. By exploring theses mechanism in the Global North and Global South,...

Panel 5, MONDAY 25 June 2018 16:45-18:15

The constitutional conceptualization of non-status and off-reserve indigenous populations in Canada

The Canadian constitutional text speaks to Canada‘s Indigenous populations in different places including in the federal power provisions of the Constitution Act, 1867, in the Canadian Charter of Rights and Freedoms and the Aboriginal Rights section of the Constitution Act, 1982. Each of these is under-inclusive. This paper draws on collaborative research and policy development...

Panel 5, MONDAY 25 June 2018 16:45-18:15