Justice in transition

On territory, restitution and history

Research output: A Conference proceeding or a Chapter in BookChapter

Abstract

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.

Original languageEnglish
Title of host publicationCurrent Issues in Transitional Justice
Subtitle of host publicationTowards a More Holistic Approach
EditorsNatalia Szablewska, Sascha-Dominik Bachmann
Place of PublicationCham, Switzerland
PublisherSpringer
Chapter4
Pages83-108
Number of pages26
Volume4
ISBN (Electronic)9783319093901
ISBN (Print)9783319093895
DOIs
Publication statusPublished - 2015
Externally publishedYes

Publication series

NameSpringer Series in Transitional Justice
PublisherSpringer
Volume4

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Bachmann, S. D., & Frost, T. (2015). Justice in transition: On territory, restitution and history. In N. Szablewska, & S-D. Bachmann (Eds.), Current Issues in Transitional Justice: Towards a More Holistic Approach (Vol. 4, pp. 83-108). (Springer Series in Transitional Justice; Vol. 4). Cham, Switzerland: Springer. https://doi.org/10.1007/978-3-319-09390-1_4