Rule of Law in South Africa

By (author) Sanele Sibanda,Sindiso Mnisi Weeks,Heinz Klug

ISBN13: 9781509957989

Imprint: Hart Publishing

Publisher: Bloomsbury Publishing PLC

Format: Hardback

Published: 07/09/2023

Availability: Not yet available

This book explores and relates the contentious history of law in the geographic and socio-political space that becomes South Africa, with the contested conceptions of the rule of law reflected in the practice and academic analysis of law in South Africa in the past and present. The rule of law and its relationship to the legacies of colonial-apartheid is central to the continuing political and social conflict in post-apartheid South Africa. This is a history of contestation over the idea and use of law by official institutions and the multitude of social movements, political organisations, and communities who have turned to law to defend against abuse of power or to challenge authority and assert claims. These claims have been based in both official and unofficial law and have been asserted in the name of tradition, human rights, and/or international law. The book addresses the rule of law under colonialism and apartheid, during the democratic transition, and under South Africa's existing constitutional order. It also considers extra-legal influences on the rule of law, such as the political economy of the country, and delves into the lived experience of the rule of law in a society where legal pluralism shapes the lives of large portions of the population.
1. Introduction - Debate over the Rule of Law in South Africa 2. Rule of Law under Colonialism and Apartheid 3. Rule of Law and the Democratic Transition, TRC, etc. 4. Rule of Law and the Post-Apartheid Constitutional Structure 5. Extra-Legal Influences on the Rule of Law 6. Lived Experience of the Rule of Law - Pluralism, etc. 7. Future of the Rule of Law in South Africa Bibliography Index
  • Constitutional & administrative law
  • Courts & procedure
  • Professional & Vocational
List Price: £85.00