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By Due Process of Law Ian Loveland (City, University of London, UK)

By Due Process of Law By Ian Loveland (City, University of London, UK)

By Due Process of Law by Ian Loveland (City, University of London, UK)


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Summary

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

By Due Process of Law Summary

By Due Process of Law: Racial Discrimination and the Right to Vote in South Africa 1855-1960 by Ian Loveland (City, University of London, UK)

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.

About Ian Loveland (City, University of London, UK)

Ian Loveland is a Professor at City University, London.

Table of Contents

Part 1 The European colonisation of South Africa: the initial invasions 1650-1806; the consolidation and fragmentation of British rule 1806-1880. Part 2 The Boer wars: the first Boer war; the "independent" Boer Republics; the second Boer war. Part 3 Securing a white peace: British policy towards the non-white races; from military defeat to political victory - the reassertion of the Afrikaaner identity; from "reconstruction" to "redemption"; th emergence of non-white political movements; conclusion. Part 4 The Act of Union 1909: the constitutional structure of South Africa; conclusion. Part 5 From automony to racial discrimination 1909-1918: state-sponsored racial discrimination 1909-1918; the consolidation and reinforcement of state-sponsored racial discrimination 1919-1930; conclusion. Part 6 Disenfranchising the "African": the terms of independence - the Statute of Westminster 1931; a white consensus on native policy? the Hertzog-Smuts coalition government; the representation of the Natives Act 1936; Ndlwana v Hofmeyr; the Second World War; conclusion. Part 7 Harris v Donges (Minister of the Interior) No. 1 - the immediate context: the 1948 general election; the Nationalist government - the initial programme; judical "responses" to apartheid. Part 8 Harris v Donges (Minister of the Interior) No. 1 - the litigation: the separate representation of Voters Bill; the judgement; the reaction; conclusion. Part 0 Harris v Minister of the Interior No. 2: the High Court of Parliament Bill; the "judgements" of the Cape Provincial Division and the High Court of Parliament; before the appellate division; the reaction; race discrimination at common law; conclusion. Part 10 Collins v Minister of the Interior: the legislation; the South Africa Act Amendment Act 1956; the Collins litigation; the aftermath; conclusion. Part 11 Constitutionalism, parliamentary sovereignty and the common law: electoral apportionment; a second legislative chamber; the independence of the judiciary; constitutions as "fundamental" law; conclusion.

Additional information

NPB9781841130491
9781841130491
1841130494
By Due Process of Law: Racial Discrimination and the Right to Vote in South Africa 1855-1960 by Ian Loveland (City, University of London, UK)
New
Hardback
Bloomsbury Publishing PLC
1999-06-01
456
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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