politics of transition the hidden history of south africa s negotiated se

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The Politics Of Transition

Author : Richard Spitz
ISBN : UOM:39015049555520
Genre : History
File Size : 80. 31 MB
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This is an incisive look at the politics behind the negotiations and outcome of South Africa's transition to democracy. It is based on previously unexamined archival material and will be of great interest to anyone interested in South African politics, constitutional law, democracy and human rights. During the early 1990s, South Africans kept a close eye on the media coverage of South Africa's negotiated transition to democracy. Likened to a soap opera by some, the negotiations featured violent interlopers, dramatic walkouts, alliances and, somehow, a fortunate conclusion in the form of the Interim Constitution and Bill of Rights. The importance of the negotiating process and the Interim Constitution itself should not be underestimated, however, in relation to their longer-term influence over the form of democracy currently enjoyed in South Africa. In this brave publication, Spitz and Chaskalson examine the politics behind the Kempton Park negotiations and the Interim Constitution, and the influence that these have had on the subsequent consolidation of a South African democracy.

Negotiated Revolutions

Author : George Lawson
ISBN : 9781351915496
Genre : Political Science
File Size : 20. 49 MB
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Straightforward histories of post-revolution States have all too often failed to provide sufficient context to rescue revolution, both as concept and practice, from the misplaced triumphalism of the contemporary world. In Negotiated Revolutions George Lawson marks a definitive departure in the study of radical political and socio-economic change, presenting a unique comparative analysis of three transformations from authoritarian rule to market democracy. Through the lens of international sociology the book critically considers the large scale processes of social and political revolution, bringing three apparently distinct transformations, from seemingly disparate authoritarian regimes and geographies, under a common rubric. With unique and novel conceptual analysis the book accurately locates both the potential and actuality of radical change in contemporary world affairs, processes usually mistakenly subsumed under the general framework of 'transitology'.

Constitutionalism And Transitional Justice In South Africa

Author : Lollini
ISBN : 9781845459802
Genre : History
File Size : 38. 25 MB
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Framing The State In Times Of Transition

Author : Laurel E. Miller
ISBN : 9781601270559
Genre : Law
File Size : 59. 21 MB
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Analyzing nineteen cases, "Framing the State in Times of Transition" offers the first in-depth, practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms. Thirty researchers with a combination of direct constitution-making experience and academic expertise present examples of constitution making in the contexts of state building and governance reform across a broad range of cultures, political circumstances, and geographical regions.The case studies focus equally on countries emerging from conflict and countries experiencing other types of transitions a move from autocratic rule to democracy, for example or periods of institutional crisis or major governance reform. Recognizing that there are no one-size-fits-all formulas or models, this volume illuminates the complexity of constitution making and the procedural options available to constitution makers as they build states and promote the rule of law.Contributors: Andrew Arato Louis Aucoin Andrea Bonime-Blanc Michele Brandt Allan R. Brewer-Carias Scott N. Carlson Jill Cottrell Hassen Ebrahim Donald T. Fox Thomas M. Franck Gustavo Gallon-Giraldo Zofia A. Garlicka Lech Garlicki Yash Ghai Vivien Hart Stephen P. Marks Zoltan Miklosi Laurel E. Miller Jonathan Morrow Muna Ndulo James C. O Brien Keith S. Rosenn Bereket Habte Selassie Anne Stetson J Alexander Thier Arun K. Thiruvengadam Aili Mari Tripp Lee Demetrius Walker Marinus Wiechers Philip J. Williams"

Carrots And Sticks

Author : Jeremy Sarkin-Hughes
ISBN : 9789050954006
Genre : Law
File Size : 28. 61 MB
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This book is about the South African amnesty process. Many of the most well-known cases are investigated: the Cradock Four, the Pebco Three, the St James' Church, Heidelberg Tavern, Bisho, Boipatong, Trust Feeds and KwaMakutha massacres; the killing of Amy Biehl, Chris Hani, Steve Biko, Stanza Bopape, Fabian and Florence Ribeiro; the Motherwell, Magoo's Bar, Ellis Park Rugby Stadium, Church Street and Wimpy bombings, the Craig Duli coup, the applications of Craig Williamson, Trevor Tutu, Eugene de Kock and Jeffrey Benzien, the collective applications of the ANC 37 and APLA leaders, the Jerry Richardson case involving Winnie Madikizela-Mandela, and amnesty cases stemming from the Magnus Malan trial. The content of many of the amnesty decisions are investigated to see how the Amnesty Committee applied the amnesty law and whether the decisions were fair and consistent. The book examines the amnesty application numbers - the number of 'legitimate' applications, the spread across political affiliation, the number of female applicants, and who is a victim and who is a perpetrator. It looks at the extent to which the indemnity process that occurred between 1990 and 1995 undermined the 'carrot' of amnesty, whether the criminal justice system offered a sufficient 'stick' to coax potential applicants into the process, and how timing of events and attitudes of political parties influenced applications. Also considered is the timing of hearings, the role of the Investigations Unit, and the way in which the Amnesty Committee dealt with offences committed outside of South Africa, witchcraft applications and gender crimes. The subject of the final chapter is what happens next. Will those who were refused amnesty or who did not apply be prosecuted? A few significant themes or debates permeate the text; the extent to which the TRC was victim-centred or perpetratorfriendly; the extent to which the TRC and the amnesty process in particular, contributed to the discovery of 'sufficient' truth, a prerequisite for reconciliation; and the extent to which the TRC and its amnesty process actively attempted to facilitate national unity and reconciliation.

The Judge As Political Theorist

Author : David Robertson
ISBN : 1400836875
Genre : Political Science
File Size : 34. 34 MB
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The Judge as Political Theorist examines opinions by constitutional courts in liberal democracies to better understand the logic and nature of constitutional review. David Robertson argues that the constitutional judge's role is nothing like that of the legislator or chief executive, or even the ordinary judge. Rather, constitutional judges spell out to society the implications--on the ground--of the moral and practical commitments embodied in the nation's constitution. Constitutional review, in other words, is a form of applied political theory. Robertson takes an in-depth look at constitutional decision making in Germany, France, the Czech Republic, Poland, Hungary, Canada, and South Africa, with comparisons throughout to the United States, where constitutional review originated. He also tackles perhaps the most vexing problem in constitutional law today--how and when to limit the rights of citizens in order to govern. As traditional institutions of moral authority have lost power, constitutional judges have stepped into the breach, radically altering traditional understandings of what courts can and should do. Robertson demonstrates how constitutions are more than mere founding documents laying down the law of the land, but increasingly have become statements of the values and principles a society seeks to embody. Constitutional judges, in turn, see it as their mission to transform those values into political practice and push for state and society to live up to their ideals.

Facets And Practices Of State Building

Author : Julia Raue
ISBN : 9789004174030
Genre : Law
File Size : 51. 63 MB
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Drawing on a mix of international academic and field expert work, this book presents and analyses contemporary state-building efforts. It offers studies on the theoretical and practical foundations and causes of state-building, identifies the role and responsibilities of key actors and points to vital issues which merit specific attention in state-building undertakings. The book offers lessons for the future of state-building relevant to both practitioners and the academic community.

Albie Sachs And Transformation In South Africa

Author : Drucilla Cornell
ISBN : 9781317819585
Genre : Law
File Size : 59. 38 MB
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Many critical theorists talk and write about the day after the revolution, but few have actually participated in the constitution of a revolutionary government. Emeritus Justice Albie Sachs was a freedom fighter for most of his life. He then played a major role in the negotiating committee for the new constitution of South Africa, and was subsequently appointed to the new Constitutional Court of South Africa. Therefore, the question of what it means to make the transition from a freedom fighter to a participant in a revolutionary government is not abstract, in Hegel’s sense of the word, it is an actual journey that Albie Sachs undertook. The essays in this book raise the complex question of what it actually means to make this transition without selling out to the demands of realism. In addition, the preface written by Emeritus Justice Albie Sachs and his interview with Drucilla Cornell and Karin van Marle, further address key questions about revolution in the twentieth- and twenty-first centuries: from armed struggle to the organization of a nation state committed to ethical transformation in the name of justice. Albie Sachs and transformation in South Africa: from revolutionary activist to constitutional court judge illuminates the theoretical and practical experiences of revolution and its political aftermath. With first-hand accounts alongside academic interrogation, this unique book will intrigue anyone interested in the intersection of Law and Politics.

History Memory And State Sponsored Violence

Author : Berber Bevernage
ISBN : 9781136634444
Genre : History
File Size : 41. 42 MB
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Modern historiography embraces the notion that time is irreversible, implying that the past should be imagined as something ‘absent’ or ‘distant.’ Victims of historical injustice, however, in contrast, often claim that the past got ‘stuck’ in the present and that it retains a haunting presence. History, Memory, and State-Sponsored Violence is centered around the provocative thesis that the way one deals with historical injustice and the ethics of history is strongly dependent on the way one conceives of historical time; that the concept of time traditionally used by historians is structurally more compatible with the perpetrators’ than the victims’ point of view. Demonstrating that the claim of victims about the continuing presence of the past should be taken seriously, instead of being treated as merely metaphorical, Berber Bevernage argues that a genuine understanding of the ‘irrevocable’ past demands a radical break with modern historical discourse and the concept of time. By embedding a profound philosophical reflection on the themes of historical time and historical discourse in a concrete series of case studies, this project transcends the traditional divide between ‘empirical’ historiography on the one hand and the so called ‘theoretical’ approaches to history on the other. It also breaks with the conventional ‘analytical’ philosophy of history that has been dominant during the last decades, raising a series of long-neglected ‘big questions’ about the historical condition – questions about historical time, the unity of history, and the ontological status of present and past –programmatically pleading for a new historical ethics.

S Dafrika In Der Gesamtdeutschen Aussenpolitik

Author : Erdwig Holste
ISBN : 3836424444
Genre : Germany
File Size : 47. 40 MB
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