Justice in transition: on territory, restitution and history

Bachmann, Sascha-Dominik and Frost, Tom (2015) Justice in transition: on territory, restitution and history. In: Bachmann, Sascha-Dominik and Szablewska, Natalia (eds.) Current issues in transitional justice: towards a more holistic approach. Springer series in transitional justice (4). Springer, pp. 83-108. ISBN 9783319093895

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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 chapter will reflect on the Aboriginal land rights litigation in Australia , as well as the failed South African Apartheid litigation. By using these as examples, it aims to determine how certain conceptions of the Rule of Law and formal equality can lead to profound and ingrained legal discrimination against indigenous peoples.

Item Type: Book Section
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law
Related URLs:
Depositing User: Thomas Frost
Date Deposited: 23 Oct 2013 11:33
Last Modified: 18 Nov 2014 16:52
URI: http://sro.sussex.ac.uk/id/eprint/46793
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