By Ian Loveland

The South African case of Harris v. (Donges) Ministers of the inner was once caused via the South African government's try out within the 1950's to disenfrachise non-white citizens on th cape province. it really is nonetheless known as the case that illustrates, as a question of constitutionsl doctrine, it's not attainable for the uk Parliament to supply a staute which limits the powers of seccussive Parliaments. the aim of this booklet is twofold. First it deals a fuller photograph of the tale mendacity in the back of the Harris litigation, and the method of British acquisition of and dis-engagement from the govt. of its 'white' colonies in southern Africa. perception into the enfuing emegence and consolidation of apartheid as a process of political and social association can also be received. Secondly, the ebook makes an attempt to exploit the South African adventure to deal with broader modern British issues in regards to the nature of the structure and the function of the courts and legislature in making the structure paintings. The Harris saga conveys higher than any episode of British political historical past the large importance of the alternatives a rustic makes (or fails to make) while it embarks upon the duty of constructing or revising its constitutional preparations. This, then, is a looking out second look of the basics of constitution-making, written within the gentle of the British government's dedication to selling whole-sale reform.

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See Thompson (1985), n. 2 above, ch. 5; Moodie, n. 16 above, pp. 3–4. Thompson (1995), n. 1 above, pp. 53–55. Lloyd, n. 1 above, pp. 140–143. 35 The full importance of this policy was not to become evident until almost half a century later, when South Africa’s vast diamond reserves were first discovered. The immediate impact was nevertheless siginficant. The creation of the republics placed a formidable legal and practical obstacle in the path of trekboers who wished to continue their by now long established lifestyle of seizing native lands and displacing the former inhabitants.

8–9. 68 Potter, n. 40 above, pp. 37–38. (B) Loveland Ch1 18/2/99 12:23 pm Page 21 The Consolidation and Fragmentation of British Rule 1806–1880 21 The British government took few steps to establish a colour blind political culture in Natal. Indeed, the early stages of Natal’s colonial development were marked by the introduction of an extremely rigid system of racial discrimination fashioned by Theophilious Shepstone. Shepstone appeared to conceive his system as one of benevolent paternalism rather than oppression.

72 Free State suspicions that this was simply a device to deprive the boer community of the wealth the diamonds would bring were soon borne out. By 1880, Britain had annexed Griqualand and subsequently turned it into an administrative district of the Cape. 69 Davenport (1978), n. 1 above, pp. 331–333; Bennet, n. 10 above, pp. 75–77; J. Cell, The Highest Stage of White Supremacy (Cambridge: CUP, 1982), pp. 52–55. 70 Lloyd (1996), n. 1 above, pp. 168–169; Pakenham, n. 1 above, pp. 47–48. 71 Ibid.

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