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By Due Process of Law

Racial Discrimination and the Right to Vote in South Africa 1855-1960

By: Ian Loveland
Media of By Due Process of Law
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Published: 01-06-1999
Format: Hardback
Edition: 1st
Extent: 456
ISBN: 9781841130491
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP: £130.00
Online price : £117.00
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About By Due Process of Law

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.

Table Of Contents

1. The European Colonisation of Southern Africa
2. The Boer Wars
3. Securing a White Peace
4. The Act of Union 1909
5. From Autonomy to Independence
6. Disenfranchising the 'African'
7. Harris v Donges (Minister of the Interior) No.1: The Immediate Context
8. Harris v Donges (Minister of the Interior) No.1: The Litigation
9. Harris v Minister of the Interior No. 2
10. Collins v Minister of the Interior
11. Constitutionalism, Parliamentary Sovereignty and the Common Law

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