Realizing Aboriginal Administrative Law

Document Type

Book Chapter

Publication Date

2022

Keywords

Administrative Law, Constitutional Law, Aboriginal Law, Indigenous Law, Crown Law, Duty to Consult, Reconciliation, Self-Government, Judicial Review, Indigenous Governance

Abstract

Situated near the beginning of this textbook, this chapter introduces an area of administra-tive law that is both distinctive and that we aspire to have embedded throughout this book. Aboriginal administrative law is defined by intersections and in particular the intersection of three areas of Canadian public law: administrative law, constitutional law, and Aboriginal law. These areas, in turn, intersect with Indigenous law, which encompasses multiple Indigenous traditions of public law-making, legality, fairness, and accountability. None of these areas of law or traditions exist in isolation from each other, and all continue to evolve both separately and in relation to each other. Our task is not to define the boundaries of the field as much as to gather the issues and areas that can benefit from being understood in conversation with each other.

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