JUSTICE AND THE AMERICAN INDIAN, V 2 - THE INDIAN JUDICIARY AND THE CONCEPT OF SEPARATION OF POWERS

• NCJ Number: 13370
• Author(s): ANON
• Date Published: 1974
• Length: 63 pages
• Grant Number(s): 72-DF-10-0014
• Sponsoring Agency: US Dept of Justice
• Corporate Author: National American Indian Court Judges Assoc
• Sale Source: National Technical Information Service
• Publication Type: Historical Overview
• Language: English
• Country: United States of America

Annotation

A DISCUSSION OF DIVERGENT VIEWS OF INDIAN LEADERS ON THE SEPARATION OF POWERS ISSUE, AND AN OVERVIEW OF TRIBAL GOVERNMENTS THAT HAVE ADOPTED OR REJECTED THIS CONCEPT.

Abstract

THIS REPORT BEGINS WITH A CHAPTER OF BACKGROUND INFORMATION ON THE PHILOSOPHICAL AND POLITICAL ORIGINS AND DEVELOPMENT OF THE CONCEPT. THE SECOND CHAPTER DISCUSSES THE ORGANIZATION AND ALLOCATION OF TRADITIONAL TRIBAL AUTHORITY, JUDICIAL DECISIONS AFFECTING THE INDIANS' FORMS OF GOVERNMENT, AND THE PRESENT STRUCTURES OF TRIBAL GOVERNMENTS. CHAPTER 3 DESCRIBES GENERALLY THE PLACE OF THE COURT IN THE TRIBAL GOVERNMENT SYSTEM. MOST IMPORTANTLY, THE PROBLEMS WHICH INDIAN COURTS FACE TODAY, AND HOW THESE PROBLEMS RELATE TO THE CONCEPT OF SEPARATION OF POWERS, ARE DEALT WITH IN DETAIL. FINALLY, SOME CONCLUSIONS CONCERNING THE TRIBAL JUDICIARY AND SEPARATION OF POWERS ARE DRAWN. A NUMBER OF ALTERNATIVE REMEDIES ARE OFFERED FOR DISCUSSION BY ALL PARTIES CONCERNED. THE AUTHORS HOPE THAT THIS DOCUMENT WILL BE USEFUL TO INDIAN COURT JUDGES AND OTHERS IN THEIR ATTEMPTS TO IMPROVE BOTH THE COURTS AND THE CRIMINAL JUSTICE SYSTEM. FOR MORE VOLUMES IN THIS SERIES, SEE NCJ13369 AND 13371-73.