Colonialism, justice and the rule of law: a Southern African and Australian narrative

Bachmann, Sascha and Frost, Tom (2012) Colonialism, justice and the rule of law: a Southern African and Australian narrative. De Jure, 45 (2). ISSN UNSPECIFIED

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Full text URL: http://www.dejure.up.ac.za/index.php/en/volumes/96...

Abstract

Colonialism has had a huge impact upon the legal systems of countries around the world. The historical impact of the British Empire can still be felt today in countries as diverse as Australia and South Africa. This effect is explored in both these countries, both in its historical form of racial discrimination, as well as the modern consequences of this colonial past. This article analyses how formal conceptions of the Rule of Law and legal certainty can undermine efforts to achieve justice for past historical wrongs. Examples of this are found in the Aboriginal land rights litigation in Australia, as well as litigation under the Alien Tort Statute in the United States of America.

Human Rights Litigation, Colonialism, Post Colonial Conflict Resolution, British - Zulu - War, Imperialism, Holocaust, Herero, Genocide

Item Type:Article
Additional Information:Colonialism has had a huge impact upon the legal systems of countries around the world. The historical impact of the British Empire can still be felt today in countries as diverse as Australia and South Africa. This effect is explored in both these countries, both in its historical form of racial discrimination, as well as the modern consequences of this colonial past. This article analyses how formal conceptions of the Rule of Law and legal certainty can undermine efforts to achieve justice for past historical wrongs. Examples of this are found in the Aboriginal land rights litigation in Australia, as well as litigation under the Alien Tort Statute in the United States of America. Human Rights Litigation, Colonialism, Post Colonial Conflict Resolution, British - Zulu - War, Imperialism, Holocaust, Herero, Genocide
Keywords:Human Rights Litigation, Colonialism, Mau Mau Litigation, Post Colonial Conflict Resolution, Anglo - Zulu - War, Imperialism, Herero, Genocide
Subjects:V Historical and Philosophical studies > V147 Modern History 1950-1999
V Historical and Philosophical studies > V145 Modern History 1900-1919
T Eastern, Asiatic, African, American and Australasian Languages, Literature and related subjects > T500 African studies
M Law > M130 Public International Law
Divisions:College of Social Science > Lincoln Law School
ID Code:6456
Deposited By:INVALID USER
Deposited On:07 Oct 2012 12:30
Last Modified:05 Dec 2013 10:15

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