Te Tiriti and the constitution: Rethinking citizenship, justice, equality, and democracy

Abstract

The possible reform of New Zealand's constitution has long generated debates about how to account for the place of Te Tiriti and the weight of its guarantees, but such debates overlook the underlying conceptions of citizenship that are contested in disputes over rangatiratanga and sovereignty. This article argues that constitutional harmony requires moving beyond debates over rights to a reassessment of the very notion of citizenship to which our constitution sets out aspirations. Rather than conceiving of citizenship in the orthodox liberal fashion of universality and unity towards a common will, there is a need to recognise a differentiated notion of citizenship that can account for a plurality of nations and values. Within this framework, theory and practice can begin to address how Te Tiriti and the practice of rangatiratanga might be reconciled with rule of law ideas about justice, equality and democracy.