•  68
    If you asked me a few years ago ‘what is postcolonial liberalism?’, I’d have said ‘an oxymoron’. As an undergraduate, I thought liberalism was a dirty word. The idea that it could accommodate the aspirations of those who would challenge colonial authority, authority that called itself liberal, seemed naïve. As I have begun researching indigenous political movements, and their responses to democratic theory, I have been surprised to discover that people who call themselves liberals have been some…Read more
  •  63
    Decolonizing the Rule of Law: Mabo's case and Postcolonial Constitutionalism
    Oxford Journal of Legal Studies 17 (2): 253-280. 1997.
    Aboriginal claims for self-government in the Americas and Australasia are distinctive for being less about secession—at least so far—than about demanding an innovative rethinking of the regulative norms and institutions within and between already established nation-states. Recent cases in Australia (and Canada) provide an opportunity to consider the nature of such claims, and some of the theoretical implications for regulative conceptions of sovereignty and the rule of law. A general question i…Read more
  • That consent could wholly explain – either descriptively or normatively – the legitimacy of the structure of political community and its most important and influential institutions and practices is deeply implausible. There are two general sorts of considerations adduced against such a proposition. First, history simply refutes it: force is an essential feature of the founding of any political society, and arguably, for its continued existence, and power relations, in all their complexity, are i…Read more
  •  34
    Consent or contestation?
    In Jeremy Webber & Colin Mcleod (eds.), Between Consenting Peoples, Ubc Press. pp. 188-206. 2010.
    That consent could wholly explain – either descriptively or normatively – the legitimacy of the structure of political community and it’s most important and influential institutions and practices is deeply implausible. There are two general sorts of considerations adduced against such a proposition. First, history simply refutes it: force is an essential feature of the founding of any political society, and arguably, for its continued existence, and power relations, in all their complexity, are …Read more