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Vol 21 No 11 Nov/Dec 2016

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By Due Process of Law

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Ian LovelandProfessor of Law, Brunel University

ISBN13: 9781841130491
ISBN: 1841130494
Published: June 1999
Publisher: Hart Publishing
Format: Hardback
Price: £103.00



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The South African case of ""Harris v. (Donges) Minister of the Interior"" 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 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 organization. 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 the second aim, the author has sought to create a counterweight to the traditional marginalization of constitutional law and theory within the British polity. The ""Harris"" saga conveys 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. The book is therefore a 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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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.