Native American, Australia & New Zealand, Indigenous Peoples, General, History, Constitutional law, Maori 

"The author looks at where the Treaty of Waitangi should be in New Zealand's law and constitution, addressing and providing concrete suggestions to questions such as: What was the place of the Treaty of Waitangi in the law and constitution in 1840? What has the Treaty been reinterpreted to mean in New Zealand today? What is its current legal status and force? and What is its current place in New Zealand's law and constitution?" - Voila 

Content:
INTRODUCTION -- 1. Realism and relationships -- Realism about the constitution -- Relationships at the heart of the Treaty -- The Treaty of Waitangi in New Zealand's constitution -- pt. I. PAST -- 2. The Treaty of Waitangi in 1840 -- The complexity of contexts -- The ambiguity of texts -- Some realism about the Treaty of 1840 -- pt. II. PRESENT -- 3. The meanings of the Treaty of Waitangi -- Interpreting the Treaty of Waitangi -- Parliamentary elaborations -- Waitangi Tribunal findings -- Judicial interpretation -- Cabinet decisions -- Some realisms about the meaning of the Treaty today -- 4. The legal status and force of the Treaty of Waitangi -- A valid international Treaty -- Not directly enforced by New Zealand Courts -- Incorporation of the Treaty into law by Parliament -- Potential enforcement by courts? : fiduciary duty -- Indirect enforcement by courts : interpretation and review -- Executive government and the honour of the Crown -- Other laws affecting Crown/Māori relationships -- A realist's view : incoherence and inconsistency -- 5. The constitutional place of the Treaty of Waitangi -- The New Zealand Constitution -- The Treaty of Waitangi in the constitution -- The Treaty of Waitangi and constitutional culture and norms -- Constitutional realism about the Treaty : uncertain tension -- pt. III. FUTURE -- 6. The Treaty of Waitangi in the future -- A common objective : healthy relationships -- The problems of the status quo -- The cautious option : minor repairs -- The ambitious option : restating the general meaning of the Treaty -- The realistic option : a Treaty of Waitangi Court -- Conclusion : the need for stable Crown/Māori relationships -- SUMMARY -- 7. Stabilising the Treaty of Waitangi in New Zealand's law and constitution -- Realism and relationships -- The past -- The present -- The future -- Appendix A. The Treaty of Waitangi -- Appendix B. Selected extracts from Cabinet files about the meaning of the Treaty. 

Includes bibliographical reference (452) and index.
Donated by Graham Price.
Categorized by publisher, then author, then date.