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From Prohibited Immigrants to Citizens
Jonathan Klaaren blends legal and social history in this engaging account of early conceptions of South African citizenship. He argues that distinctively South African notions of citizenship and nationality come out of the period 1897 to 1937, through legislation and official practices employing the key concept of ‘prohibited immigrant’ and seeking to regulate the mobility of three population groups: African, Asian and European. Further, he makes the case that the regulation and administration of immigrants from the Indian sub-continent, in particular, provided the basis for the vision and eventual reality of a unified, although structurally unequal, South African population. This book f...
Competition Law and Economic Regulation in Southern Africa
Shaping markets through competition and economic regulation is at the heart of addressing the development challenges facing countries in southern Africa. The contributors to Competition Law and Economic Regulation: Addressing Market Power in southern Africa critically assess the efficacy of the competition and economic regulation frameworks, including the impact of a number of the regional competition authorities in a range of sectors throughout southern Africa. Featuring academics as well as practitioners in the field, the book addresses issues common to southern African countries, where markets are small and concentrated, with particularly high barriers to entry, and where the resources to...
Advancing Refugee Protection in South Africa
Divided into three thematic parts to guide the reader, this important volume documents the development and implementation of refugee policy in South Africa over a 10-year period from 1996 until 2006. In doing so, it addresses issues of detention, gender, children and health as well as welfare policies for refugees. The contributions, all written by academics and practitioners of refugee protection, vividly illustrate the tangible shifts and concerns of a process that is not only aimed at establishing policies and legislation but also practices concerning refugees.
The Promotion of Administrative Justice Act Benchbook
With the coming into effect of the Promotion of Administrative Justive Act at the end of 2000, South African administrative law entered a new era. The Act has become the legislative foundation of the general administrative law of South Africa.
Rights and Democracy
The twelve essays in this book pay tribute to senior Harvard law professor Frank Michelman whose thinking ? and input ? on Constitutional Law has made a great contribution to constitutional development in South Africa. These essays are the work of some of the best practical and academic legal minds in this country and, given South Africa?s recent successes in this field, represent an advanced position in constitutional thinking in the world.
Cause Lawyering
Why do some lawyers devote themsevles to a specific social movement or political cause? What can we learn from such lawyers about the relationship between law and politics. CAUSE LAWYERING offers an insightful portrait of lawyers who sacrifice financial advantage in the name of a more just society. These telling essays show how cause lawyering is indispensable to the legitimization of professional authority.
Migration and National Identity in South Africa, 1860–2010
An extraordinary outbreak of xenophobic violence in May 2008 shocked South Africa, but hostility toward newcomers has a long history. Democratization has channeled such discontent into a non-racial nationalism that specifically targets foreign Africans as a threat to prosperity. Finding suitable governmental and societal responses requires a better understanding of the complex legacies of segregation that underpin current immigration policies and practices. Unfortunately, conventional wisdoms of path dependency promote excessive fatalism and ignore how much South Africa is a typical settler state. A century ago, its policy makers shared innovative ideas with Australia and Canada, and these peers, which now openly wrestle with their own racist past, merit renewed attention. As unpalatable as the comparison might be to contemporary advocates of multiculturalism, rethinking restrictions in South Africa can also offer lessons for reconciling competing claims of indigeneity through multiple levels of representation and rights.
The Constitutionalization of Human Rights Law
The Constitutionalization of Human Rights Law analyses how lawyers representing refugees use human rights provisions in national constitutions to close the gap between the Law and it's implementation. Focusing on five countries (Colombia, Mexico, South Africa, Uganda, the United States) the book examines how lawyers adapt creatively to social, political, and legal contexts. Many refugee-receiving states openly reject or passively ignore their obligation under international law to protect refugees. For this reason, cause lawyers (those who use the law to empower others) have turned to constitutionalized human rights law. While many countries likely included such provisions in their constituti...
Translating Technology in Africa. Volume 1: Metrics
Translating Technology in Africa brings together authors from different disciplines who engage with Science and Technology Studies (STS) to stimulate curiosity about the diversity of sociotechnical assemblages on the African continent. The contributions provide detailed praxeographic examinations of technologies at work in postcolonial contexts. The series of 5 volumes aims to catalyse the development of a field of research that is still in its infancy in Africa and promises to offer novel insights into past, present, and future challenges and opportunities facing the continent. The first volume, on "Metrics", explores practices of quantification and digitisation. The chapters examine how numbers are aggregated and how the resulting metrics shape new realities. Contributors include Kevin. P. Donovan, Véra Ehrenstein, Jonathan Klaaren, Emma Park, Helen Robertson, René Umlauf and Helen Verran
The Global Reach of European Refugee Law
Europe has the most advanced regional protection regime in the world. The predicted impact of this body of norms, including the new Common European Asylum System, has been widely identified as one that will have a 'ripple effect' beyond the EU. However, very few studies have noted the fact that this regime has already influenced the law and practice of states around the world, for some time. The purpose of this book is to gather evidence that emulation is happening (if it is), to explore the extent and identify the processes through which it is happening, and to examine the implications of these findings. A review of seven case studies reveals all but one of these cases provides clear evidence of emulation at some point in time. The EU protection regime, which has been most influenced by the European Court of Human Rights, is 'naturally' evolving transnationally and spreading internationally.
