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By Due Process of Law - Racial Discrimination and the Right to Vote in South Africa 1855-1960 (Hardcover)
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By Due Process of Law - Racial Discrimination and the Right to Vote in South Africa 1855-1960 (Hardcover)
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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.
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