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Developments in Emergency Law
Under the state of emergency
Permanent Removal
Ten years into South African Democracy we need to find answers to some hard questions. Did the negotiations that lead to the new South Africa include an agreement that some of the masterminds of murder would be immune from prosecution? Have these men refused to confess their deed and shame in the certain knowledge that they will not be punished for their crimes? Will the families of Matthew Goniwe, Fort Calata, Sparrow Mkonto and Sicelo Mhlauli--as well as many others--ever know for certain who authorised the murders of their loved ones? This is the fascinating story of the search for the people ultimately responsible for the deaths of the Cradock Four. Based on factual documentation and court records, it recounts the investigations and political intrigue around the murders and it demonstrates how this notorious case, more than any other, exposed the inner workings of the apartheid government's State Security Council.
Politics By Other Means
Politics by Other Means explores the fundamental question of how law can constrain political power by offering a pathbreaking account of the triumphant final decade of the struggle against apartheid. Richard Abel presents case studies of ten major legal campaigns including: challenges to pass laws; black trade union demands for recognition; state terror; censorship; resistance to the "independent" homelands; and treason trials.
No One to Blame?
The Author sought to uncover the states role in eliminating its opponents during the apartheid era in South Africa.
The Politics of Principle
Uses a single-country case study to enrich research on the role of constitutional courts in new democracies.
The Legacies of Law
Focusing on South Africa during the period 1650–2000, this book examines the role of law in making democracy work in changing societies. The Legacies of Law sheds light on the neglected relationship between path dependence and the law. Meierhenrich argues that legal norms and institutions, even illiberal ones, have an important - and hitherto undertheorized - structuring effect on democratic outcomes. Under certain conditions, law appears to reduce uncertainty in democratization by invoking common cultural backgrounds and experiences. In instances where interacting adversaries share qua law reasonably convergent mental models, transitions from authoritarian rule are shown to be less intractable. Meierhenrich's historical analysis of the evolution of law - and its effects - in South Africa during the period 1650–2000, compared with a short study of Chile from 1830–1990, shows how, and when, legal norms and institutions serve as historical causes to both liberal and illiberal rule.
Valiant Judges, Iniquitous Law
This book is about heroes of law. It provides examples of when judges have exercised courage, moderation, wisdom, and justice rather than blindly following the law. It also discusses the contentious issue of whether a judge has a moral responsibility to defend the rule of law, regardless of what the law actually states. The work presents a collection of thirteen stories about judges who in different settings have stood up against the authorities and public opinion in the defence of the rule of law. An introductory chapter sets the scene with two examples of situations gone wrong when those applying the law have just followed the demands of those in power. The thirteen stories are followed by...
Due Process of Lawmaking
This comparative study of the law of lawmaking demonstrates the interplay between constitutional principles and political imperatives in four modern polities.
