Download The Politics of Truth and Reconciliation in South Africa: by Marc Hertogh, Simon Halliday PDF

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By Marc Hertogh, Simon Halliday

The South African fact and Reconciliation fee (TRC) used to be organize to house the human rights violations of apartheid. notwithstanding, the TRC's restorative justice technique didn't consistently serve the wishes of groups at an area point. in response to prolonged anthropological fieldwork, this publication illustrates the impression of the TRC in city African groups in Johannesburg. It argues that the TRC had little influence on renowned principles of justice as retribution. This provocative research deepens our figuring out of post-apartheid South Africa and using human rights discourse.

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R Does accident law have undesirable collateral regulatory effects? For instance, does it encourage ‘defensive’ behaviour, and does it reduce participation in certain activities to sub-optimal levels? r What is the relationship between the deterrence function and the compensation function of accident law? What is the impact of insurance on the deterrence function? With appropriate modifications, each of these questions about the compensatory and deterrent functions of accident law could be asked in relation to judicial review.

High-profile judicial review is – like bureaucratic judicial review – concerned with establishing and policing a legal framework for the conduct of government. But in terms of their subject matter and their political context and significance, the two types of litigation are quite different. Whereas bureaucratic judicial review is concerned with the protection of the rights and interests of individuals (or, through the medium of representative standing, of groups of individuals) against government illegality, high-profile judicial review is typically concerned with challenging government illegality as such ‘in the public interest’.

31 In a case involving the corrupt allocation of government housing to public servants, the Court laid down a detailed scheme for undoing the illegal allocations. In another case, instead of merely striking down a law that prohibited the issuing of rickshaw licences to non-operating owners, it put in place a scheme that enabled rickshaw operators to borrow the funds needed to acquire rickshaws from their owners. 32 In such cases, the judicial role is much closer to (and perhaps drew inspiration from) that played by US courts in (for instance) the prison reform litigation described by Malcolm Feeley in his essay – with the very important difference that, unlike its US counterparts, the Indian Court lacks the facilities and resources needed for active involvement in the implementation process.

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