ABSTRACT
This Chapter examines the indigenous/foreign law and justice interactions in Australia, Canada, Japan, and United States of America. Deliberations on the four countries reveal a common feature: the official constitution in each country is the supreme law of the land and trumps all other laws including each country's indigenous laws. In view of Australia's strong pre-colonial Aboriginal population, it is surprising that the country's indigenous population has been substantially reduced. In Canada, the Constitution of Canada is the supreme law of the country. Thus, indigenous laws are constitutionally limited. To this extent, the Australian and Canadian situations are similar. However, the two countries differ because the Canadian constitution provides for a stronger recognition and acceptance of Canada's indigenous systems than does the Australian constitution. The Japanese appear to prefer traditional, out-of-court management of civil and criminal cases over going to the official courts.
