A comparative perspective: how can federalism best accommodate aboriginal peoples's claim to self-government? (original) (raw)

This essay compares the different institutional mechanisms that have been set up by three major federations – Australia, the United States and Canada - to accommodate aboriginal peoples’ claim to self-government in order to draw lessons that will help Canada in moving forward with the recognition and implementation of aboriginal self-government. I will compare those mechanisms through the theoretical lens of federalism, by looking at criteria such as the division of competences among constitutive units, central authority and aboriginal governing institutions, the design of the aboriginal governing structures, the objectives this design is meant to achieve, as well as the participation of aboriginal peoples within central and constitutive institutions. Through this exercise, I hope to identify ways in which the inherent flexibility of federalism will allow to fulfill and respect the right to internal self- determination and self-government of aboriginal peoples.