Comparative Settler-Colonial Constitutionalism

State formation in settler states has been intertwined with settler-colonialism. Settler-colonialism is not just a matter of the past, but it is a foundational aspect in the settler state. Inspired by TWAIL scholarship, and drawing on the work of theorists of settler-colonialism, this paper examines some aspects of constitutional law in a number of settler states, and explores how settler-colonialism finds expression in the constitutional order. It explores how certain dynamics that are associated with the ‘civilising mission’ and Patrick Wolfe’s ‘logic of elimination’ are facilitated by constitutional and administrative law in settler states. It aims to highlight some common themes about how settler-colonialism shapes the development of constitutional law, and how law, in turn, operates to give effect to the logic of settler-colonialism in the form of establishing and reinforcing the settler nation and dissolving the native population.