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By Ian Loveland

The South African case of Harris v. (Donges) Ministers of the internal used to be brought on through the South African government's try within the 1950's to disenfrachise non-white electorate on th cape province. it really is nonetheless known as the case that illustrates, as a question of constitutionsl doctrine, it's not attainable for the uk Parliament to supply a staute which limits the powers of seccussive Parliaments. the aim of this e-book 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 process of political and social association is usually received. Secondly, the ebook makes an attempt to exploit the South African event to deal with broader modern British issues concerning the nature of the structure and the position of the courts and legislature in making the structure paintings. The Harris saga conveys larger than any episode of British political heritage the big value of the alternatives a rustic makes (or fails to make) whilst it embarks upon the duty of constructing or revising its constitutional preparations. This, then, is a looking out second look 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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Extra resources for By Due Process of Law?: Racial Discrimination and the Right to Vote in South Africa 1855-1960

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THE CONSOLIDATION AND FRAGMENTATION OF BRITISH RULE 1806–1880 The red ink with which British cartographers identified the physical limits of the British Empire pockmarked much of the map of the globe by the time Britain assumed control of the Cape colony. That mapmakers should colour the southern tip of Africa in the same hue was in itself an unremarkable consequence of Britain’s restlessly, if episodically, expansionist imperial policy; the addition was a modest one to an Empire that already embraced Australia, New Zealand, India, the islands of the West Indies and what is now Canada.

Bennet suggests evidence from the former discipline supports his view, while evidence from the latter tends to refute it. This is hardly surprising, given that the ‘law’ was written by Europeans whose interest in ‘civilising the native’ co-existed with a wish to legitimise white usurpation of native lands. The law was in effect a micro-level manifestation of the enlarged concept of terra nullius. See however Mandela: “[In early African societies] the land, the main means of production, belonged to the whole tribe and there was no individual ownership whatsoever”; N.

56. 15 For a discussion of the contending views of southern African historians on this point see Beinart (1994), n. 1 above, pp. 44–46. 17 Yet by 1800, the cultural and geographical isolationism of the trekboers began to contrast with an increasingly cosmopolitan core community in Cape Town itself. From 1780 onwards, the French had shown an increasing interest in the Cape. Their presence as traders stimulated a period of economic boom, which was accompanied (especially in the years immediately following the French Revolution) by an influx of political and cultural ideas which sat most uncomfortably with the inward-looking Calvinist fundamentalism to which so many of the Cape’s early settlers had pledged their ideological allegiance.

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