The Duty to Consult: A Philosophical and Historical Investigation
Date
2024
Authors
Ryan-Lloyd, Megan
Journal Title
Journal ISSN
Volume Title
Publisher
University of Victoria
Abstract
The duty to consult, primarily understood as a legal doctrine, has often been approached with a narrow technical-legalistic lens. However, adopting a political-scientific perspective broadens the discourse beyond adherence to 'minimum legal requirements,' facilitating a more nuanced exploration of this doctrine and its entrenchment of power dynamics. Acknowledging this viewpoint, this research endeavours to foster a more comprehensive understanding of the duty to consult, particularly illuminating its colonial implications. Through an exploration of legal philosophy and consultation history, this research works to unveil patterns across time and space, providing vital insights into some of the inherent limitations of the duty to consult and advocating for incorporating broader conceptual frameworks.
Description
Keywords
Duty to Consult, Constitutional Law, Indigenous, Consultation, Aboriginal Rights, Section 35