By Due Process of Law?: Racial Discrimination and the Right by Ian Loveland

By Ian Loveland

The South African case of Harris v. (Donges) Ministers of the inner was once prompted by way of the South African government's try within the 1950's to disenfrachise non-white citizens on th cape province. it truly is nonetheless known as the case that illustrates, as a question of constitutionsl doctrine, it isn't attainable for the uk Parliament to provide a staute which limits the powers of seccussive Parliaments. the aim of this ebook is twofold. First it bargains a fuller photo of the tale mendacity in the back of the Harris litigation, and the method of British acquisition of and dis-engagement from the govt. of its 'white' colonies in southern Africa. perception into the enfuing emegence and consolidation of apartheid as a method of political and social association is additionally received. Secondly, the publication makes an attempt to exploit the South African event to handle broader modern British matters concerning the nature of the structure and the position of the courts and legislature in making the structure paintings. The Harris saga conveys greater than any episode of British political heritage the big importance of the alternatives a rustic makes (or fails to make) whilst it embarks upon the duty of making or revising its constitutional preparations. This, then, is a looking out re-evaluation of the basics of constitution-making, written within the mild of the British government's dedication to selling whole-sale reform.

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He was an ideological liberal, who took the view that all men possessing at least a rudimentary education and modest financial means should be entitled to participate in the election of their law-makers. 66 Dutch settlers had no intrinsic enthusiasm for this principle, but were driven to accept it by the fact that they could thereby muster overwhelming support within the white community overall for a franchise level that was sufficiently low to ensure that most Dutch men were granted the right to vote.

85. (B) Loveland Ch1 18/2/99 12:23 pm Page 6 6 The European Colonisation of Southern Africa policy. The model of international law created by the European colonial powers recognised several techniques through which a country could acquire sovereignty over lands beyond its original borders. The most significant were conquest, cession and occupation of terra nullius. The principle that a conquering people acquired sovereignty over the lands which they subugated was, in legal terms, unproblematic.

For the children of many boer families, such a purchase was a financial improbabilty, becoming the more so because the 50th Ordinance appreciably increased the cost of hiring non-white labourers. In 1834, that improbability became an impossibility when the British Parliament offered further evidence of its embrace of formally democratic and liberal values by abolishing the institution of slavery in the British Empire. The gap in the cheap labour force created by the ‘Hottentot Charter’ could no longer be filled by the even less expensive expedient of buying or breeding slaves.

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