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By Due Process of Law: Racial Discrimination and the Right to Vote in South Africa 1855-1960

Autor Ian Loveland
en Limba Engleză Hardback – 31 mai 1999
The South African case of Harris v. (Donges) Minister of the Interior is one familiar to most students of British constitutional law. The case was triggered by the South African government's attempt in the 1950s to disenfranchise non-white voters on the Cape province. It is still referred to as the case which illustrates that as a matter of constitutional doctrine it is not possible for the United Kingdom Parliament to produce a statute which limits the powers of successive Parliaments.The purpose of this book is twofold. First of all it offers a rather fuller picture of the story lying behind the Harris litigation,and the process of British acquisition of and dis-engagement from the government of its 'white' colonies in southern Africa as well as the ensuing emergence and consolidation of apartheid as a system of political and social organisation. Secondly the book attempts to use the South African experience to address broader contemporary British concerns about the nature of our Constitution and the role of the courts and legislature in making the Constitution work. In pursuing this second aim, the author has sought to create a counterweight to the traditional marginalistion of constitutional law and theory within the British polity. The Harris saga conveys better than any episode of British political history the enormous significance of the choices a country makes (or fails to make) when it embarks upon the task of creating or revising its constitutional arrangements. This, then, is a searching re-examination of the fundamentals of constitution-making, written in the light of the British government's commitment to promoting wholesale constitutional reform.
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Specificații

ISBN-13: 9781841130491
ISBN-10: 1841130494
Pagini: 456
Dimensiuni: 156 x 234 x 35 mm
Greutate: 0.81 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Harris v. Minister of the Interior was triggered by the South African government's attempt to disenfranchise non-white voters. This book gives the full story behind the case, and addresses broader contemporary British concerns about our Constitution.

Notă biografică

Ian Loveland is a Professor at City University, London.

Cuprins

1. The European Colonisation of Southern Africa2. The Boer Wars3. Securing a White Peace4. The Act of Union 19095. From Autonomy to Independence6. Disenfranchising the 'African' 7. Harris v Donges (Minister of the Interior) No.1: The Immediate Context8. Harris v Donges (Minister of the Interior) No.1: The Litigation9. Harris v Minister of the Interior No. 210. Collins v Minister of the Interior11. Constitutionalism, Parliamentary Sovereignty and the Common Law

Descriere

Examines the Harris litigation and the British acquisition of and dis-engagement from the government of its 'white' colonies in southern Africa.