Book Review: Waitangi and Indigenous Rights: Revolution, Law and Legitimation by FM Brookfield

4 Pages Posted: 17 Mar 2013 Last revised: 29 Mar 2016

See all articles by Robin Cooke (1926-2006)

Robin Cooke (1926-2006)

Victoria University of Wellington - Faculty of Law

Abstract

In this book review, Sir Robin gives glowing praise for Professor FM Brookfield’s book, Waitangi and Indigenous Rights: Revolution, Law and Legitimation as a major contribution to the legal literature concerning revolutions. Sir Robin concentrates on four points. First, he comments on Professor Brookfield’s broad definition of “revolution”, noting that most constitutions originate in revolutions which are legitimated in effectiveness over time. Secondly, he mentions the role of de facto courts in exercising supra-constitutional powers to accept a lawful constitution in revolutionary times. Thirdly, he discusses the application of Professor Brookfield’s explanation of “revolutions” to the New Zealand context. Finally, he explains Professor Brookfield’s own “revolution” to establish a Māori national representative body to consider proposed legislation affecting Māori rights.

Keywords: FM Brookfield, Waitangi, indigenous rights, constitutional revolutions, de facto courts, Māori rights, Māori representation, constitution-making, New Zealand constitutional history

JEL Classification: K10

Suggested Citation

Cooke, Robin, Book Review: Waitangi and Indigenous Rights: Revolution, Law and Legitimation by FM Brookfield. (2003) 119 Law Quarterly Review 326, Victoria University of Wellington Legal Research Paper Series Cooke Paper No. 12/2016, Available at SSRN: https://ssrn.com/abstract=2234516

Robin Cooke (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

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