Description

‘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 infl uential 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
• Signifi cant 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.
Sovereignty
CLAIRE CHARTERS
Sovereignty BWB Texts