The Constitutionalization of Indigenous Group Rights, Traditional Political Institutions, and Customary Law
Dados Bibliográficos
| ID | 6246331 |
|---|---|
| Autores | Katharina Holzinger (0000-0003-2917-4744, University of Konstanz, autor correspondente), Roos Haer (0000-0001-5953-9041, University of Konstanz), Axel Bayer (0000-0002-0443-8531, University of Konstanz), Daniela M Behr (University of Konstanz), Clara Neupert-Wentz (0000-0002-9808-9095, University of Konstanz) |
| Ano | 2019 |
| Volume | 52 |
| Fascículo | 12 |
| Páginas | 1775-1809 |
| Data de publicação | 2019-10-01 |
| Peer Reviewed | Sim |
| Open Access | Sim |
| Tipo | ARTICLE |
| Periódico | Comparative Political Studies (JOURNAL) |
| Identificadores do periódico | ISSN: 0010-4140 • E-ISSN: 1552-3829 |
| Editora | SAGE Publications Inc (PUBLISHER) |
| DOI | 10.1177/0010414018774347 |
| OpenAlex | W2803924070 |
| Idioma | EN |
| Citações recebidas | 31 |
| Referências citadas | 77 |
Many constitutions of the world contain special provisions for indigenous communities, granting them particular rights and regulating their traditional political institutions and customary law. Building on rational theories of constitution-making, we employ a demand and supply framework to explain the constitutionalization of such provisions. To test our hypotheses, we code the presence of indigenous provisions in the current constitutions of 193 United Nations member states. We find full democracy and previous conflict to stimulate the inclusion of indigenous group rights but not of customary law and traditional institutions. Customary law and traditional institutions are more likely constitutionalized in countries with high ethnic fractionalization. Low levels of modernity affect particularly the constitutionalization of traditional political institutions, while low levels of development correlate with provisions on customary law. Former British colonies are more likely to constitutionalize customary law
Constitution · Democracy · Ethnic group · Fractionalization · Indigenous · Indigenous rights · Political science · Politics · Corruption and Economic Development · Judicial and Constitutional Studies · Law · Political Conflict and Governance
Law Omission in Muslim Society
The Existence of Nagari in West Sumatra on State Policy Hegemony
Due to the Covid-19 pandemic
Polygynous Neighbors, Excess Men, and Intergroup Conflict in Rural Africa
The Role of Kewang Customary Institution as a Biosecurity Strategy of Community Livelihood Asset in Negeri Booi
Substantive Representation
Legal pluralism across the global South
Between adat law and living law
Meeting of the Minds
An efficacious remedy for status inequality? Indigenous policies in Norway and Sweden
A Space for Autonomy
Traditional Authorities Around the World
Between cooperation and conflict
Traditional Authorities and Strategies in Demands for Self-Determination
Coethnics Covote in Africa
Problematizing Indigeneity in sub-Saharan Africa
Africanising Indigeneity
Local context and mobilization in poor communities
An Unheard Confidence Crisis? An Analysis of Indigenous Peoples’ Perception of Settler Institutions and Politics
Explaining the Constitutional Integration and Resurgence of Traditional Political Institutions in Sub-Saharan Africa
Traditional institutions in Africa
Traditional Authorities, Norm Collisions, and Communal Conflict
Roads to Rule, Roads to Rebel
African traditional institutions and support for democracy
Individual or collective rights? Consequences for the satisfaction with democracy among Indigenous peoples in Latin America
The Precolonial Origins of African Nationalism
Indigenous Community Recognition and Identity
Traditional Political Institutions and Democracy
Building tribes
From Recognition to Integration
Beyond the obvious
Law versus Norms
The Transformation of Property Rights in the Gold Coast
Property and Political Order in Africa
Judicial Review in New Democracies
Political Topographies of the African State
Contesting Citizenship in Latin America
Informal Institutions and Citizenship in Rural Africa
The Endurance of National Constitutions
Fractionalization
A systems analysis of political life
Multiculturalism in Latin America
Group Rights, Human Rights and Citizenship
Multiculturalism and the Welfare State
Democracy Compromised
Three Modes of Incorporating Indigenous Law
Power from Powerlessness
Indigenous Difference and the Constitution of Canada
Global Indigenous Politics
The Paradox of Traditional Chiefs in Democratic Africa
Ethnic and Cultural Diversity by Country
Thinking about Democracy
Multicultural Citizenship
Of Rule and Revenue
When is customary law relevant
Indigenous politics in the Australian Journal of Political Science
A Typology of Relationships between State and Non-State Justice Systems
What is Legal Pluralism
Legislating Pluralism
Constitutional recognition of aboriginal and treaty rights
Theorizing Formal Pluralism
Different Institutions within Similar States
The Place of Indigenous Institutions in Constitutional Order
Dangerous Demographics? The Effect of Urbanisation and Metropolisation on African Civil Wars, 1961–2010
Constitutionalising Social Rights
Traditional Institutions and Decentralisation
Traditional Governance, Citizen Engagement, and Local Public Goods
Legal Pluralism and Decentralization
The Calculus of Consent and real world constitution-making
State Recognition and Democratization in Sub-Saharan Africa
Towards Juristocracy
The Reconstruction of Society
Agents of the Regime? Traditional Leaders and Electoral Politics in South Africa
The Dualism of Contemporary Traditional Governance and the State
Constitutional Design for Divided Societies
State Retrenchment and the Exercise of Citizenship in Africa
Taking the Field
Tribal-State Relations in the Anglosphere
Institutionalizing Peace
Disagreement and the Constitutionalisation of Social Rights
The roots of resilience
One Chief, One Vote
Democracy, Indigenous Movements, and Postliberal Challenge in Latin America
Indigenous Peoples' Politics in Latin America
Codification of Customary Law
Re-introducing African Customary Law to the South African Legal System
Patterns and Theories of Traditional Resurgence in Tropical Africa
Born-again Buganda or the limits of traditional resurgence in Africa
Armed Conflict 1946-2001
Expertise and Scale of Conflict
Chiefs Today
Citizen and Subject
Indigenous Law and the State
World influences on human rights language in constitutions
| Obras citantes distintas | 31 |
|---|---|
| Citações por ano | 4,43 |
| Intervalo de citações | 2019 - 2026 (8) |
| Velocidade de citação | current |
| Altamente citado | Não |
| Tipos de citação | Neutras: 30 |