US Domestic Dependent Nation Doctrine
As early as 1823, the United States' Supreme Court recognised Indigenous peoples' rights to their lands.
In three cases, the Supreme Court developed the concept of 'domestic, dependent nationhood', which recognised the sovereignty of Indigenous peoples within the United States.
Together they are known as the "Cherokee Cases", or "The Marshall Trilogy", after the then Chief Justice of the Supreme Court, John Marshall.
These decisions are the basis for the recognition of Indigenous rights in the United States, Canada, and more recently, Australia.
International Comparisons
Topic
British law, Canada, colonialism, Common Law, High Court of Australia, Mabo Case, native title, New Zealand (Aotearoa), United States of America
The 'Act of State' Doctrine
Text
act of state, Federal Court of Australia, Indian, indigenous people, sovereignty, Supreme Court USA, United States of America
The Cherokee Cases
Text
1810-1832
act of state, Cherokee cases, Cherokee Nation v Georgia (1831), Fletcher v Peck (1810), indigenous people, International Court Case, Johnson v Mc Intosh (1823), Marshall, Chief Justice, sovereignty, United States of America, Worcester v Georgia (1832)
Indian Title & Indian Sovereignty
Text
Cherokee cases, Common Law, indigenous people, International Court Case, Oneida Indian Nation v County of Oneida (1974), sovereignty, Supreme Court USA, United States of America, United States v Wheeler (1978)
Aboriginal Rights & Title In Canada
Topic
1973-1982
Aboriginal Title, Canada, First Nations Canada, native title, treaties, United States of America
Other Jurisdictions
Topic
1973
colonisation, Common Law, High Court of Australia, Mabo Case, native title, Papua New Guinea
Terra Nullius
Topic
colonisation, crown land, doctrine of tenure, First Fleet, New South Wales, sovereignty, terra nullius
Aboriginal & Treaty Rights In Aotearoa - NZ
Topic
1840
Common Law, Maori, native title, New Zealand (Aotearoa), Privy Council, Treaty of Waitangi, 1840
Other Lands Settled By The British
Topic
Canada, colonisation, Common Law, native title, New Zealand (Aotearoa), treaties, Treaty of Waitangi, 1840 , United States of America
