In Aotearoa New Zealand, the state legal system is increasingly drawing on aspects of Māori law. Recent decisions suggest that the courts are willing to consider Māori law as a source of New Zealand law. This marks a change from earlier approaches which recognised discrete customary practices as customary law. Questions of state recognition of customary law have tended to focus attention on common law tests and so obscure processes of the Indigenous legal system, the sources of Indigenous law, and Indigenous forms of legal reasoning and communication. This article suggests that by focusing instead on understanding the application of Māori law within a fuller cultural context, the New Zealand courts may be better able to reveal and understand the Indigenous legal principles and processes at work. This would include engaging with a different range of legal sources, including working with Māori stories as legal texts, to make visible aspects of Indigenous law that can help to drive developments in the state legal system.
The article proposes a method of teaching Administrative Law that engages with the historical and political impact of administrative decisions on Indigenous peoples and their cultures while still addressing the traditional doctrinal concerns of an Administrative Law course. The article begins by explaining what it understands by the concept of an ‘Indigenous perspective’, and identifying how such perspectives can be incorporated into a law degree. It then outlines the potential role of Administrative Law as a vehicle for incorporating an Indigenous perspective, explaining the pedagogical benefits of expanding Administrative Law courses in this way
In this issue of the Policy Review Section, Ian Scargill of the Department of Geography, University of Oxford, examines the manner in which French public administration is currently responding to the issue of local government fragmentation and has sought to address problems identified in the year long, 1993-94 debate on territorial planning. The article takes as its starting point the incompleteness of the French decentralization reforms of 1982-93 and looks at the current search for a new unit, the Pays, suitable for collaborative local planning. In the second article, Martin Jones of the School of Geography, University of Manchester, presents a critical appraisal of the Association of British Chambers of Commerce proposals for new style Chambers of Commerce and Industry designed to engage business in an effective partnership with government. In the third article, Colin Jones of the Department of Land Economics, University of Paisley, presents an assessment of the recently established regeneration agency English Partnerships. Finally, Ian Hodge, Jessica Dunn and Sarah Monk of the Department of Land Economy, University of Cambridge, examine the statistical basis for the Rural Development Commission's recent 1993 review of its Rural Development Areas.
Juridical Encounters: Māori and the Colonial Courts, 1840-1852 by Shaunnagh Dorsett is an engaging and nuanced study of the development of colonial laws and institutions in Aotearoa New Zealand and the expansion of the jurisdiction of state law that begins in this period. The issues explored in the book – relating to the relationship between the law of the settler state and Indigenous law; the recognition of Māori law by the state legal system; and the authority with which Māori and state law speak – remain live issues today. Studying how those issues were addressed during the Crown colony period helps us to understand the current relationship between Māori law and state law, how we arrived at this point, and, crucially, it helps us to think about how to approach that relationship with legal techniques appropriate to the social and political context and objectives of the 21st century.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.