Kirsty Gover
Biographic Data
| ID | 1317993 |
|---|---|
| NAME | Kirsty Gover |
| GIVEN NAMES | Kirsty |
| FAMILY NAME | Gover |
| SIGNATURE | GOVER K |
| AFFILIATIONS | Melbourne Law School, University of Melbourne, Melbourne, Australia |
| VERIFIED | No |
| TOTAL WORKS | 10 |
| TOTAL CITATIONS | 31 |
| AUTHOR COUNT | 10 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2002 |
| LATEST PUBLICATION YEAR | 2022 |
| H-INDEX | 3 |
The popular sovereignty of Indigenous peoples: A Challenge in Multi-People States
The doctrine of popular sovereignty holds that the ‘supreme authority of the state’ belongs to the people, not to the political institutions exercising public power. What are the implications of this view when there is more than one people in the territory of that state? The case of Indigenous peoples highlights this question, as they are unequivocally peoples who are distinct from the majority population. This paper subjects to criticism of the …
The Potential Impact of Indigenous Rights on the International Law of Nationality
International law has long recognized that the power of a state to identify its nationals is a central attribute of sovereignty and firmly within the purview of domestic law. Yet these boundaries may be shifting, in part due to the effect of international human rights norms. In 2011, citizenship scholar Peter Spiro asked, "[w]ill international law colonize th[is] last bastion of sovereign discretion?" Ten years later, this essay reframes the ques…
The Neoliberal State, Recognition and Indigenous Rights
The impact of neoliberal governance on indigenous peoples in liberal settler states may be both enabling and constraining. This book is distinctive in drawing comparisons between three such states-Australia, Canada and New Zealand. In a series of empirically grounded, interpretive micro-studies, it draws out a shared policy coherence, but also exposes idiosyncrasies in the
Settler-State Political Theory, 'Canzus' and the UN Declaration on the Rights of Indigenous Peoples
When the UN General Assembly voted in 2007 to adopt the Declaration on the Rights of Indigenous Peoples (UNDRIP), only Australia, Canada, New Zealand and the USA cast negative votes. This article argues that the embedding of indigenous jurisdictions in the constitutional orders of these states via negotiated political agreements limits their capacity to accept certain provisions of the UNDRIP. Once the agreement-making process is set in motion, r…
Inter-Indigenous Recognition and the Cultural Production of Indigeneity in the Western Settler States
When tribalism meets liberalism: Human rights and Indigenous boundary problems in Canada
This article draws on debates about the ‘boundary problem’ in democratic theory to consider the normative challenges raised by descent-based Aboriginal membership rules in Canada. The boundary paradox is one of the most intractable puzzles of democratic theory. If a demos is necessarily bounded, so that some people are excluded, what normative principle could justify these exclusions? Liberal theory tends to insist on the primacy of consent as th…
Tribal Constitutionalism: States, Tribes, and the Governance of Membership
In settler societies, tribal self-governance creates a legal distinction between indigeneity (defined by settler governments) and tribal membership (defined by tribes). Many legally indigenous persons are not tribal members, and some tribal members are not legally indigenous. This book considers the membership rules included in the constitutions and membership codes of nearly 750 recognized tribes in Canada, New Zealand, Australia, and the United…
Comparative Tribal Constitutionalism: Membership Governance in Australia, Canada, New Zealand, and the United States
In the “self‐governance era” of indigenous‐state relations, there is a growing interest in the first‐order question of tribal governance: who are the members of recognized tribes, and how are they chosen? Tribal constitutions contain formal tribal membership criteria but are not ordinarily in the public domain. This article presents findings from a study of the membership rules used in more than seven hundred current and historical tribal constit…
Genealogy as Continuity: Explaining the Growing Tribal Preference for Descent Rules in Membership Governance in the United States
Kirsty Gover, Genealogy as Continuity: Explaining the Growing Tribal Preference for Descent Rules in Membership Governance in the United States, American Indian Law Review, Vol. 33, No. 1 (2008/2009), pp. 243-309
Identifying the Maori Treaty Partner
Kirsty Gover, Natalie Baird, Identifying the Māori Treaty Partner, The University of Toronto Law Journal, Vol. 52, No. 1, Liberal Democracy and Tribal Peoples: Group Rights in Aotearoa/New Zealand (Winter, 2002), pp. 39-68
Settler-State Political Theory, 'Canzus' and the UN Declaration on the Rights of Indigenous Peoples
When the UN General Assembly voted in 2007 to adopt the Declaration on the Rights of Indigenous Peoples (UNDRIP), only Australia, Canada, New Zealand and the USA cast negative votes. This article argues that the embedding of indigenous jurisdictions in the constitutional orders of these states via negotiated political agreements limits their capacity to accept certain provisions of the UNDRIP. Once the agreement-making process is set in motion, r…
The Neoliberal State, Recognition and Indigenous Rights
The impact of neoliberal governance on indigenous peoples in liberal settler states may be both enabling and constraining. This book is distinctive in drawing comparisons between three such states-Australia, Canada and New Zealand. In a series of empirically grounded, interpretive micro-studies, it draws out a shared policy coherence, but also exposes idiosyncrasies in the
Comparative Tribal Constitutionalism: Membership Governance in Australia, Canada, New Zealand, and the United States
In the “self‐governance era” of indigenous‐state relations, there is a growing interest in the first‐order question of tribal governance: who are the members of recognized tribes, and how are they chosen? Tribal constitutions contain formal tribal membership criteria but are not ordinarily in the public domain. This article presents findings from a study of the membership rules used in more than seven hundred current and historical tribal constit…
Genealogy as Continuity: Explaining the Growing Tribal Preference for Descent Rules in Membership Governance in the United States
Kirsty Gover, Genealogy as Continuity: Explaining the Growing Tribal Preference for Descent Rules in Membership Governance in the United States, American Indian Law Review, Vol. 33, No. 1 (2008/2009), pp. 243-309
Identifying the Maori Treaty Partner
Kirsty Gover, Natalie Baird, Identifying the Māori Treaty Partner, The University of Toronto Law Journal, Vol. 52, No. 1, Liberal Democracy and Tribal Peoples: Group Rights in Aotearoa/New Zealand (Winter, 2002), pp. 39-68
The popular sovereignty of Indigenous peoples: A Challenge in Multi-People States
The doctrine of popular sovereignty holds that the ‘supreme authority of the state’ belongs to the people, not to the political institutions exercising public power. What are the implications of this view when there is more than one people in the territory of that state? The case of Indigenous peoples highlights this question, as they are unequivocally peoples who are distinct from the majority population. This paper subjects to criticism of the …
The Potential Impact of Indigenous Rights on the International Law of Nationality
International law has long recognized that the power of a state to identify its nationals is a central attribute of sovereignty and firmly within the purview of domestic law. Yet these boundaries may be shifting, in part due to the effect of international human rights norms. In 2011, citizenship scholar Peter Spiro asked, "[w]ill international law colonize th[is] last bastion of sovereign discretion?" Ten years later, this essay reframes the ques…
When tribalism meets liberalism: Human rights and Indigenous boundary problems in Canada
This article draws on debates about the ‘boundary problem’ in democratic theory to consider the normative challenges raised by descent-based Aboriginal membership rules in Canada. The boundary paradox is one of the most intractable puzzles of democratic theory. If a demos is necessarily bounded, so that some people are excluded, what normative principle could justify these exclusions? Liberal theory tends to insist on the primacy of consent as th…
Identifying the Maori Treaty Partner
Kirsty Gover, Natalie Baird, Identifying the Māori Treaty Partner, The University of Toronto Law Journal, Vol. 52, No. 1, Liberal Democracy and Tribal Peoples: Group Rights in Aotearoa/New Zealand (Winter, 2002), pp. 39-68
Genealogy as Continuity: Explaining the Growing Tribal Preference for Descent Rules in Membership Governance in the United States
Kirsty Gover, Genealogy as Continuity: Explaining the Growing Tribal Preference for Descent Rules in Membership Governance in the United States, American Indian Law Review, Vol. 33, No. 1 (2008/2009), pp. 243-309
Tribal Constitutionalism: States, Tribes, and the Governance of Membership
In settler societies, tribal self-governance creates a legal distinction between indigeneity (defined by settler governments) and tribal membership (defined by tribes). Many legally indigenous persons are not tribal members, and some tribal members are not legally indigenous. This book considers the membership rules included in the constitutions and membership codes of nearly 750 recognized tribes in Canada, New Zealand, Australia, and the United…
Comparative Tribal Constitutionalism: Membership Governance in Australia, Canada, New Zealand, and the United States
In the “self‐governance era” of indigenous‐state relations, there is a growing interest in the first‐order question of tribal governance: who are the members of recognized tribes, and how are they chosen? Tribal constitutions contain formal tribal membership criteria but are not ordinarily in the public domain. This article presents findings from a study of the membership rules used in more than seven hundred current and historical tribal constit…
Inter-Indigenous Recognition and the Cultural Production of Indigeneity in the Western Settler States
When tribalism meets liberalism: Human rights and Indigenous boundary problems in Canada
This article draws on debates about the ‘boundary problem’ in democratic theory to consider the normative challenges raised by descent-based Aboriginal membership rules in Canada. The boundary paradox is one of the most intractable puzzles of democratic theory. If a demos is necessarily bounded, so that some people are excluded, what normative principle could justify these exclusions? Liberal theory tends to insist on the primacy of consent as th…
Settler-State Political Theory, 'Canzus' and the UN Declaration on the Rights of Indigenous Peoples
When the UN General Assembly voted in 2007 to adopt the Declaration on the Rights of Indigenous Peoples (UNDRIP), only Australia, Canada, New Zealand and the USA cast negative votes. This article argues that the embedding of indigenous jurisdictions in the constitutional orders of these states via negotiated political agreements limits their capacity to accept certain provisions of the UNDRIP. Once the agreement-making process is set in motion, r…
The Neoliberal State, Recognition and Indigenous Rights
The impact of neoliberal governance on indigenous peoples in liberal settler states may be both enabling and constraining. This book is distinctive in drawing comparisons between three such states-Australia, Canada and New Zealand. In a series of empirically grounded, interpretive micro-studies, it draws out a shared policy coherence, but also exposes idiosyncrasies in the
The Potential Impact of Indigenous Rights on the International Law of Nationality
International law has long recognized that the power of a state to identify its nationals is a central attribute of sovereignty and firmly within the purview of domestic law. Yet these boundaries may be shifting, in part due to the effect of international human rights norms. In 2011, citizenship scholar Peter Spiro asked, "[w]ill international law colonize th[is] last bastion of sovereign discretion?" Ten years later, this essay reframes the ques…
The popular sovereignty of Indigenous peoples: A Challenge in Multi-People States
The doctrine of popular sovereignty holds that the ‘supreme authority of the state’ belongs to the people, not to the political institutions exercising public power. What are the implications of this view when there is more than one people in the territory of that state? The case of Indigenous peoples highlights this question, as they are unequivocally peoples who are distinct from the majority population. This paper subjects to criticism of the …
Political science (7 works) · Indigenous (6 works) · Indigenous Health, Education, and Rights (6 works) · Law (6 works) · Politics (5 works) · Democracy (4 works) · Sociology (4 works) · Citizenship (3 works) · Corporate governance (3 works) · Economics (3 works)