Law and Revolution in South Africa


Book Description

The relation between law and revolution is one of the most pressing questions of our time. As one country after another has faced the challenge that comes with the revolutionary overthrow of past dictatorships, how one reconstructs a new government is a burning issue. South Africa, after a long and bloody armed struggle and a series of militant uprisings, negotiated a settlement for a new government and remains an important example of what a substantive revolution might look like. The essays collected in this book address both the broader question of law and revolution and some of the specific issues of transformation in South Africa.




Total Onslaught


Book Description

A comprehensive account of Southern Africa's incessant troubled history since the end of the Second World War




Revolutionary Constitutions


Book Description

A robust defense of democratic populism by one of America’s most renowned and controversial constitutional scholars—the award-winning author of We the People. Populism is a threat to the democratic world, fuel for demagogues and reactionary crowds—or so its critics would have us believe. But in his award-winning trilogy We the People, Bruce Ackerman showed that Americans have repeatedly rejected this view. Now he draws on a quarter century of scholarship in this essential and surprising inquiry into the origins, successes, and threats to revolutionary constitutionalism around the world. He takes us to India, South Africa, Italy, France, Poland, Burma, Israel, and Iran and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy. Despite their many differences, populist leaders such as Nehru, Mandela, and de Gaulle encountered similar dilemmas at critical turning points, and each managed something overlooked but essential. Rather than deploy their charismatic leadership to retain power, they instead used it to confer legitimacy to the citizens and institutions of constitutional democracy. Ackerman returns to the United States in his last chapter to provide new insights into the Founders’ acts of constitutional statesmanship as they met very similar challenges to those confronting populist leaders today. In the age of Trump, the democratic system of checks and balances will not survive unless ordinary citizens rally to its defense. Revolutionary Constitutions shows how activists can learn from their predecessors’ successes and profit from their mistakes, and sets up Ackerman’s next volume, which will address how elites and insiders co-opt and destroy the momentum of revolutionary movements.




UBuntu and the Law


Book Description

This book brings together the uBuntu jurisprudence of South Africa, as well as the most cutting-edge critical essays about South African jurisprudence on uBuntu. Can indigenous values be rendered compatible with a modern legal system? This book raises some of the most pressing questions in cultural, political, and legal theory.




Human Rights and the South African Legal Order


Book Description

As an Advocate of the Supreme Court, John Dugard observes the South African legal order daily in operation. In this book he provides a thorough description and probing analysis of the workings of the system. He places South Africa's legal order in a comparative context, examining the climate of legal opinion, crucial judicial decisions, and their significance in relation to contemporary thought and practice in England, America, and elsewhere. He also considers South Africa's laws in the light of its history, politics, and culture. Originally published in 1978. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.




Revolutionary Overthrow of Constitutional Orders in Africa


Book Description

The subject of revolutionary overthrow of constitutional orders in Africa is at the intersection of three disciplines: jurisprudence and legal philosophy, constitutional law and power politics, and civil-military relations, that is, military security policy which is one aspect of national security policy. The subject is of interest in at least four ways. It problematizes the inescapable question of governance in the African continent. It challenges the democratization agenda in Africa - how does one democratize not only political governance but also the instruments of violence in the state? It also challenges African constitutional lawyers and policy makers to seek a constitutional model that addresses the enduring menace of the power of the gun in African affairs and the changing role of the military in African politics. Finally, it underscores concerns about sovereignty and national security. This book contributes to a fuller understanding of the coup syndrome in African. To this end, it vigorously interrogates the place of coups in the governance of Africa, and explores the relevance of Kelsen's theory of revolutionary legality in the context of coup d'états in Africa. It is a major contribution by a leading thinker in the field.




Of Revelation and Revolution Volume 2


Book Description

"Defining their enterprise as more in the direction of poetics than of prosaics, the Comaroffs free themselves to analyze a vivid series of images and events as objects of analysis. These they mine for clues to the 19th-century contents of the British imagination and of Tswana minds. They are themselves imagining the imagination of others, and they do the job with characteristic aplomb....The first volume creates an appetite for the second."—Sally Falk Moore, American Anthropologist




Saving Nelson Mandela


Book Description

The question was: would he hang? In 1963, when South Africa's apartheid government charged Nelson Mandela with planning its overthrow, most observers feared that he would be sentenced to death. But the support he and his fellow activists in the African National Congress received during his trial not only saved his life, but also enabled him to save his country. In Saving Nelson Mandela, South African law expert Kenneth S. Broun recreates the trial, called the "Rivonia" Trial after the Johannesburg suburb where police seized Mandela. Based upon interviews with many of the case's primary figures and portions of the trial transcript, Broun situates readers inside the courtroom at the imposing Palace of Justice in Pretoria. Here, the trial unfolds through a dramatic narrative that captures the courage of the accused and their defense team, as well as the personal prejudices that colored the entire trial. The Rivonia trial had no jury and only a superficial aura of due process, combined with heavy security that symbolized the apartheid government's system of repression. Broun shows how outstanding advocacy, combined with widespread public support, in fact backfired on apartheid leaders, who sealed their own fate. Despite his 27-year incarceration, Mandela's ultimate release helped move his country from the racial tyranny of apartheid toward democracy. As documented in this inspirational book, the Rivonia trial was a critical milestone that helped chart the end of Apartheid and the future of a new South Africa.




Constitutional Triumphs, Constitutional Disappointments


Book Description

Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.




And Justice for All


Book Description

Arthur Chaskalson was no stranger to the resistance activism can face in the pursuit of progress; in 1963, he and his legal team failed to prevent Nelson Mandela's imprisonment. However, Chaskalson had the fortitude to continue, establishing legal and non-profit organizations and leading South Africa's first Constitutional Court, eventually tearing down the apartheid system that kept black South Africans subjugated for decades. His is a story of progressive heroism, dedication, and an unflinching belief in law and civil rights.