Table Of Content

Constitutionalism of Australian First Nations The book considers Australian First Nations constitutionalism by drawing on the chthonic constitutional traditions of three distinct Australian First Nations legal orders: the Warlpiri, Yolngu, and Pintupi legal orders, in the endeavour of identifying, via a comparative analysis, a core of similarities to be drawn upon and articulate an emergent legal theory common to the three legal orders. The comparative analysis is undertaken at the most foundational levels of their legal traditions, via the prism of a legal paradigm elaborated with reference to an Australian Indigenous cosmological, ontological, and epistemological standpoint. The proposed legal theory comprises a broad overview, general concepts, normative principles, and general working principles. In so doing, the book expounds how Australian First Nations constitutionalism unfolds into holistic orders of spiritual, political, and legal authority that are explainable in terms of legal theory. At the most foundational level, such elaboration may help delineate normative and legal constitutional patterns throughout Indigenous Australia. Dr Maria Salvatrice Randazzo is Adjunct Research Fellow at the Asian Pacific College of Business and Law, Charles Darwin University, Australia. Her areas of specialisation and research include comparative legal systems, transnational law, human rights, Indigenous legal theory, Western legal theory, and Indigenous constitutionalism. She has been admitted to the Court of Appeal of Messina and the Court of Cassation of Rome as a barrister. She has also been admitted to the Northern Territory Supreme Court as a legal practitioner. Indigenous Peoples and the Law Part of the Indigenous Peoples and The Law Series Series Editors Dr Mark A. Harris University of British Columbia, Canada Professor Denise Ferreira da Silva University of British Columbia, Canada Dr Claire Charters University of Auckland, New Zealand Dr Glen Coulthard University of British Columbia, Canada For information about the series and details of previous and forthcoming titles, see www.routledge.com/law/series/INDPPL Constitutionalism of Australian First Nations A Comparative Study Maria Salvatrice Randazzo First published 2023 by Routledge 4 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 605 Third Avenue, New York, NY 10158 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2023 Maria Salvatrice Randazzo The right of Maria Salvatrice Randazzo to be identified as author of this work has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data A catalog record for this book has been requested ISBN: 978-0-367-76028-1 (hbk) ISBN: 978-1-032-30004-7 (pbk) ISBN: 978-1-003-30300-8 (ebk) DOI: 10.4324/9781003303008 Typeset in Times New Roman by Apex CoVantage, LLC To the Australian First Nations People and their multidimensional struggle for decolonisation, self- determination, and nation building, as it is occurring on the site of education. Contents List of figures ix List of tables x Acknowledgements xi Preface xii PART ONE First Nations Constitutionalism, Conceptual Apparatus, and Methodological Framework 1 1 Introduction 3 2 A Conceptual Narrative of Constitutionalism: Modern Conceptualisations and Contemporary (Re)Formulations 28 3 A Conceptual Apparatus for Inquiries Into Australian First Nations Constitutionalism 47 4 Journeying ‘Extraordinary Places’: Methodological Approaches for a Macro-Intracultural Comparison of Australian First Nations Constitutional Orders 65 PART TWO The Warlpiri, Yolngu, and Pintupi Constitutional Orders Compared 87 5 The Genesis of the Warlpiri, Yolngu, and Pintupi Constitutional Orders 89 6 The Foundational Principles of the Warlpiri, Yolngu, and Pintupi Constitutional Orders 115 7 The Basic Institutional Elements of the Warlpiri, Yolngu, and Pintupi Constitutional Orders 147 viii Contents PART THREE An Emergent Legal Theory of the Warlpiri, Yolngu, and Pintupi Constitutional Orders 169 8 Articulation of an Emergent Legal Theory for Warlpiri, Yolngu, and Pintupi Constitutional Orders 171 9 Conclusions 200 Glossary 216 Bibliography 219 Index 244 Figures 4.1 Indigenous ontology 80 4.2 Research paradigm 84 5.1 Intertwining and overlapping of the Warlpiri, Yolngu, and Pintupi sources of law 110 5.2 Rhizomatic nature of the three legal orders 113