Text Sovereignty

The legitimacy of the state is at best questionable and certainly remains legally unsettled.’ Legal scholar Claire Charters (Ngāti Whakaue, Tūwharetoa, Ngāpuhi and Tainui) confronts the deeply rooted questions surrounding the legitimacy of the New Zealand state and its sovereignty over Māori.

Drawing from her influential writings and speeches, Charters critiques the judiciary’s historical silence on the state’s claim to sovereignty, revealing the profound implications of this silence for justice in Aotearoa. Through a rigorous examination of legal doctrines and the role of tikanga Māori, she exposes the contradictions in New Zealand’s constitutional narrative and argues for transformative constitutional reform.

KEY POINTS
• Significant critique: Challenges the legal legitimacy of state sovereignty in Aotearoa, revealing the judiciary’s enduring silence on the issue.
• Māori constitutional thought: Highlights the vital role of tikanga Māori in reimagining a just constitutional framework.
• Call for transformation: Makes a compelling case for constitutional reform under Te Tiriti o Waitangi.