Minority Protection In Post Apartheid South Africa
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| Author | : Kristin Henrard |
| Publisher | : Bloomsbury Publishing USA |
| Total Pages | : 329 |
| Release | : 2002-08-30 |
| Genre | : History |
| ISBN | : 0313012148 |
Accommodation of population diversity is a vital issue for any multinational society. The legacy of Apartheid in South Africa complicates this effort considerably. Henrard introduces a theoretical framework regarding how to accommodate minority protection in the most appropriate way and analyzes the respective contributions of individual rights, minority rights, and the right to self-determination. Subsequent chapters examine the case study of post-apartheid South Africa and attempt to investigate its constitutional development. Henrard finds that provisions within the 1996 Constitution do acknowledge an interrelation between these three important factors; however, implementation of minority protection policy is often quite a different matter. In seeking appropriate means of minority protection, this study stresses inclusionism, integration, and the essential right to identity and real equality. While Henrard reviews and discusses the entire democratic transformation process in South Africa, she cautions that, because current developments are characterized by their unsettled nature, major transformation and flux, analysis of the implementation phase can be only indicative. The apartheid history does not in itself inhibit progressive stances on this important issue. Still, despite the promising nature of the 1996 Constitution, the picture that emerges in terms of policy development aimed at minority protection is ambivalent.
| Author | : Roger Southall |
| Publisher | : African Sun Media |
| Total Pages | : 289 |
| Release | : 2022-02-24 |
| Genre | : Political Science |
| ISBN | : 1928314937 |
What is the place and role of whites in South African political life today? Are whites genuinely willing participants in a ‘non-racial democracy’, willing to forego the racial privileges of the past or, despite legal equality, have they proved reluctant to relinquish power and continue, as black activists assert, to dominate many aspects of South African society? Building upon the burgeoning body of work on whiteness, this book focuses on how whites have adapted politically to the arrival of democracy and sweeping political change in South Africa. Outlining a variety of responses in how white South Africans have sought to grapple with apartheid’s brutal history, the author shows how their memories of the past have shaped their reactions to political equality. Although the majority feared the coming of democracy, only a right-wing minority actively resisted its arrival. Others chose (and are still choosing) to emigrate, used democracy to defend ‘minority rights’ or have withdrawn into psychologically or physically demarcated social enclaves. Challenging much current thinking, Southall argues that many whites have chosen to embrace the freedoms that democracy has offered, or to adapt to its often disconcerting realities pragmatically. Examining this crucial issue against the historical context of minority rule and its defeat, the author presents a new dynamic to the continuing debate on whiteness in Africa and globally.
| Author | : John M. Mbaku |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 419 |
| Release | : 2018-01-26 |
| Genre | : Political Science |
| ISBN | : 1786438615 |
In this enlightening book, John Mukum Mbaku analyses the main challenges of constitutional design and the construction of governance institutions in Africa today. He argues that the central issues are: providing each country with a constitutional order that is capable of successfully managing sectarian conflict and enhancing peaceful coexistence; protecting the rights of citizens ? including those of minorities; minimizing the monopolization of political space by the majority (to the detriment of minorities); and, effectively preventing government impunity. Mbaku offers a comprehensive analysis of various approaches to the management of diversity, and shows how these approaches can inform Africa?s struggle to promote peace and good governance. He explores in depth the existence of dysfunctional and anachronistic laws and institutions inherited from the colonial state, and the process through which laws and institutions are formulated or constructed, adopted, and amended. A close look at the constitutional experiences of the American Republic provides important lessons for constitutional design and constitutionalism in Africa. Additionally, comparative politics and comparative constitutional law also provide important lessons for the management of diversity in African countries. Mbaku recommends state reconstruction through constitutional design as a way for each African country to provide itself with laws and institutions that reflect the realities of each country, including the necessary mechanisms and tools for the protection of the rights of minorities. From students and scholars to NGOs, lawyers and policymakers, this unique and judicious book is an essential tool for all those seeking to understand and improve governance and development in Africa.
| Author | : Evan Lieberman |
| Publisher | : Princeton University Press |
| Total Pages | : 344 |
| Release | : 2022-06-28 |
| Genre | : Political Science |
| ISBN | : 0691203016 |
A compelling account of South Africa’s post-Apartheid democracy At a time when many democracies are under strain around the world, Until We Have Won Our Liberty shines new light on the signal achievements of one of the contemporary era’s most closely watched transitions away from minority rule. South Africa’s democratic development has been messy, fiercely contested, and sometimes violent. But as Evan Lieberman argues, it has also offered a voice to the voiceless, unprecedented levels of government accountability, and tangible improvements in quality of life. Lieberman opens with a first-hand account of the hard-fought 2019 national election, and how it played out in Mogale City, a post-Apartheid municipality created from Black African townships and White Afrikaner suburbs. From this launching point, he examines the complexities of South Africa’s multiracial society and the unprecedented democratic experiment that began with the election of Nelson Mandela in 1994. While acknowledging the enormous challenges many South Africans continue to face—including unemployment, inequality, and discrimination—Lieberman draws on the country’s history and the experience of comparable countries to demonstrate that elected Black-led governments have, without resorting to political extremism, improved the lives of millions. In the context of open and competitive politics, citizens have gained access to housing, basic services, and dignified treatment to a greater extent than during any prior period. Countering much of the conventional wisdom about contemporary South Africa, Until We Have Won Our Liberty offers hope for the enduring impact of democratic ideals.
| Author | : Sean Jacobs |
| Publisher | : Indiana University Press |
| Total Pages | : 206 |
| Release | : 2019-03-11 |
| Genre | : Social Science |
| ISBN | : 0253040582 |
A study of mass media in twenty-first-century South Africa offering “revelations about the nature of citizenship and public engagement in our media saturated age” (Daniel R. Magaziner, author of The Law and the Prophets: Black Consciousness in South Africa , 1968–1977). In Media in Postapartheid South Africa, Sean Jacobs turns to media politics and the consumption of media as a way to understand recent political developments in South Africa and their relations with the African continent and the world. Jacobs looks at how mass media define the physical and human geography of the society and what it means for comprehending changing notions of citizenship in postapartheid South Africa. Jacobs claims that the media have unprecedented control over the distribution of public goods, rights claims, and South Africa’s integration into the global political economy in ways that were impossible under the state-controlled media that dominated the apartheid years. Jacobs takes a probing look at television commercials and the representation of South Africans, reality television shows and South African continental expansion, soap operas and postapartheid identity politics, and the internet as a space for reassertions and reconfigurations of identity. As South Africa becomes more integrated into the global economy, Jacobs argues that local media have more weight in shaping how consumers view these products in unexpected and consequential ways.
| Author | : Bertus de Villiers |
| Publisher | : BRILL |
| Total Pages | : 295 |
| Release | : 2021-08-30 |
| Genre | : Law |
| ISBN | : 9004461663 |
This book focuses on trend-setting judgments in different parts of the world that impacted on the rights of persons belonging to minorities and Indigenous people. The cases illustrate how the judiciary has been called upon to fill out the detail of minority protection arrangements and how, in doing so, in many instances the judiciary has taken the respective countries on a course that parliament may not have been able to navigate. In this book authors from various backgrounds in the practical application of minority protection arrangements investigate the role of the judiciary in constitutional arrangements aimed at the protection of the rights of minorities and Indigenous peoples.
| Author | : National Research Council |
| Publisher | : National Academies Press |
| Total Pages | : 753 |
| Release | : 2004-10-16 |
| Genre | : Social Science |
| ISBN | : 0309092116 |
In their later years, Americans of different racial and ethnic backgrounds are not in equally good-or equally poor-health. There is wide variation, but on average older Whites are healthier than older Blacks and tend to outlive them. But Whites tend to be in poorer health than Hispanics and Asian Americans. This volume documents the differentials and considers possible explanations. Selection processes play a role: selective migration, for instance, or selective survival to advanced ages. Health differentials originate early in life, possibly even before birth, and are affected by events and experiences throughout the life course. Differences in socioeconomic status, risk behavior, social relations, and health care all play a role. Separate chapters consider the contribution of such factors and the biopsychosocial mechanisms that link them to health. This volume provides the empirical evidence for the research agenda provided in the separate report of the Panel on Race, Ethnicity, and Health in Later Life.
| Author | : Rosemary Nagy |
| Publisher | : NYU Press |
| Total Pages | : 382 |
| Release | : 2012-05-28 |
| Genre | : Political Science |
| ISBN | : 0814704972 |
Criminal tribunals, truth commissions, reparations, apologies and memorializations are the characteristic instruments in the transitional justice toolkit that can help societies transition from authoritarianism to democracy, from civil war to peace, and from state-sponsored extra-legal violence to a rights-respecting rule of law. Over the last several decades, their growing use has established transitional justice as a body of both theory and practice whose guiding norms and structures encompasses the range of institutional mechanisms by which societies address the wrongs committed by past regimes in order to lay the foundation for more legitimate political and legal order. In Transitional Justice, a group of leading scholars in philosophy, law, and political science settles some of the key theoretical debates over the meaning of transitional justice while opening up new ones. By engaging both theorists and empirical social scientists in debates over central categories of analysis in the study of transitional justice, it also illuminates the challenges of making strong empirical claims about the impact of transitional institutions. Contributors: Gary J. Bass, David Cohen, David Dyzenhaus, Pablo de Greiff, Leigh-Ashley Lipscomb, Monika Nalepa, Eric A. Posner, Debra Satz, Gopal Sreenivasan, Adrian Vermeule, and Jeremy Webber.
| Author | : Mark Tushnet |
| Publisher | : Routledge |
| Total Pages | : 733 |
| Release | : 2013-06-26 |
| Genre | : Law |
| ISBN | : 1135100187 |
The Routledge Handbook of Constitutional Law is an advanced level reference work which surveys the current state of constitutional law. Featuring new, specially commissioned papers by a range of leading scholars from around the world, it offers a comprehensive overview of the field as well as identifying promising avenues for future research. The book presents the key issues in constitutional law thematically allowing for a truly comparative approach to the subject. It also pays particular attention to constitutional design, identifying and evaluating various solutions to the challenges involved in constitutional architecture. The book is split into four parts for ease of reference: Part One: General issues "sets issues of constitutional law firmly in context including topics such as the making of constitutions, the impact of religion and culture on constitutions, and the relationship between international law and domestic constitutions. Part Two: Structures presents different approaches in regard to institutions or state organization and structural concepts such as emergency powers and electoral systems Part Three: Rights covers the key rights often enshrined in constitutions Part Four: New Challenges - explores issues of importance such as migration and refugees, sovereignty under pressure from globalization, Supranational Organizations and their role in creating post-conflict constitutions, and new technological challenges. Providing up-to-date and authoritative articles covering all the key aspects of constitutional law, this reference work is essential reading for advanced students, scholars and practitioners in the field.
| Author | : Sid Noel |
| Publisher | : McGill-Queen's Press - MQUP |
| Total Pages | : 320 |
| Release | : 2005-09-22 |
| Genre | : Political Science |
| ISBN | : 0773573100 |
From Power Sharing to Democracy examines the theoretical underpinnings of power sharing as a means of achieving sustainable democratic governance. Contributors examine key areas, including Afghanistan, Cyprus, Kosovo, Macedonia, and South Africa, where power-sharing constitutions and political institutions have been employed or proposed. They provide an in-depth exploration of consociationalism, under which the previously warring ethnic communities are guaranteed a proportionate share of political offices and protection of their vital interests, and federalism, which provides for substantial territorial autonomy in cases where the communities are territorially segregated.
