In a Time of Trouble (Hardcover)
Stephen J. Ellmann
ISBN 10: 0198256663 ISBN 13: 9780198256663
Published by Oxford University Press, Oxford, 1992
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Description:
Hardcover. Can the law really protect human rights when they are most under siege? During much of South Africa's state of emergency, the country's highest court grimly rejected efforts to use the law to restrain emergency power. The tide of those decisions has now turned. As this important book shows, these changing judicial trends reveal both the weakness and strength of the law. Although no guarantee of liberty, law and legal traditions can help to slow the march ofoppression. Can the law protect human rights when they are most under siege? During South Africa's state of emergency, the country's highest court rejected efforts to use the law to restrain emergency power. The tide of those decisions has now turned. As this book shows, these changing judicial trends reveal both the weakness and strength of the law. This item is printed on demand. Shipping may be from our Sydney, NSW warehouse or from our UK or US warehouse, depending on stock availability. Seller Inventory # 9780198256663
Synopsis:
Can the law really protect human rights when they are most under siege? During much of South Africa's state of emergency, the country's highest court grimly rejected efforts to use the law to restrain emergency power. This work examines the intersection between law and emergency power in South Africa. Ellmann begins with an outline of the legal framework that exists in South Africa, pointing out the capacity it has to mitigate the excesses of the legislators' designs. He continues by demonstrating through the judges decisions that, with few exceptions, they repeatedly vindicated the emergency powers. Ellmann suggests that though a legal tradition existed for the protection of human rights, it was denied as a result of certain judges' decisions. This study teaches that law is no guarantee of liberty, but it can help slow the march of oppression.
About the Author: Stephen J. Ellman is Associate Professor of Law at The New York Law School.
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Bibliographic Details
Title: In a Time of Trouble (Hardcover)
Publisher: Oxford University Press, Oxford
Publication Date: 1992
Binding: Hardcover
Condition: new