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Articles 1 - 5 of 5
Full-Text Articles in Law
Cultivating A Seedling Charter: South Africa's Court Grows Its Constitution, Margaret A. Burnham
Cultivating A Seedling Charter: South Africa's Court Grows Its Constitution, Margaret A. Burnham
Michigan Journal of Race and Law
As South Africa emerges from the vestiges of apartheid, its Constitutional Court struggles to develop a jurisprudence that reflects the lasting ideals of a constitutional democracy. This Article examines the Court's use of international and foreign law in developing a unique form of constitutional jurisprudence. It argues that the Constitutional Court is in the process of developing an innovative form of decision-making that effectively combines domestically derived principles of justice with those developed in the international forum. This Article concludes that reliable methods of adjudication are firmly entrenched in the South African legal system and that its constitutional jurisprudence should …
A Country Within A Country: Redrawing Borders On The Post-Colonial Sovereign State, Suzan Dionne Balz
A Country Within A Country: Redrawing Borders On The Post-Colonial Sovereign State, Suzan Dionne Balz
Michigan Journal of Race and Law
This Essay seeks to identify the conflict that exists between the demands for self-governance by Canada's First Nations and the interests of the Canadian state. The author elucidates this conflict by identifying two major differences between the perspectives of Canada's First Nations' demands for self-governance and the interests of the Canadian state: the privileging of the collective versus the privileging of the individual, and the two very different notions of "territory." The author concludes that the doctrine of sovereign statehood as developed out of European Nationalism stands as an obstacle to the self-determination of non-western peoples such as the First …
Toward A South African Administrative Justice Act, Michael Asimow
Toward A South African Administrative Justice Act, Michael Asimow
Michigan Journal of Race and Law
Section 33 of South Africa's Constitution provides fundamental principles of administrative justice. It also requires Parliament to adopt an Administrative Justice Act. This Article contends that without enactment of such legislation Section 33 will be ineffective in practice and may prove to be an obstacle to achieving the economic and social objectives of the Constitution. In addition, such legislation is essential to preserving the legitimacy and the effectiveness of the Constitutional Court.
Watching The Watchdog: Security Oversight Law In The New South Africa, Christopher A. Ford
Watching The Watchdog: Security Oversight Law In The New South Africa, Christopher A. Ford
Michigan Journal of Race and Law
This Article attempts to assess the experiences of post-apartheid South Africa in the realm of national security law by examining key issues from constitutional, statutory, and policy perspectives. It observes that South Africans now have a great "window of opportunity" that allows them to establish the habits and mores necessary to a working security oversight regime, and argues that the way in which South Africa strikes a balance between the requirements of national security and the preservation of personal liberties is of enormous importance to the Republic's future. It further contends that South Africa's choices in this arena could have …
South Africa's Amnesty Process: A Viable Route Toward Truth And Reconciliation, Emily H. Mccarthy
South Africa's Amnesty Process: A Viable Route Toward Truth And Reconciliation, Emily H. Mccarthy
Michigan Journal of Race and Law
The road to democracy for South Africa was based on compromise. One of the most significant compromises made by the negotiators was the acceptance of an amnesty process culminating in the passage of the Promotion of National Unity and Reconciliation Act of 1995. The Act grants full indemnity from criminal and civil prosecution to anyone affiliated with a political organization who committed an "act associated with a political objective" and who fully discloses all relevant facts. The purpose of the Act is twofold: to establish the "truth" about the apartheid past and to promote "reconciliation" among South Africans. Unfortunately, such …