In a time of trouble: law and liberty in South Africa's state of emergency

Abstract

Part 1 South Africa internal security law - constitutional framework and statutory designs: Parliamentary supremacy and the constricted field of judicial review of legislation South African internal security statutes. Part 2 Hurley's case and the doctrinal bases for human rights jurisprudence in South Africa: Hurley and the character of legislative intention in South Africa the interpretation of intention. Part 3 The Rabie Court and the Judicial Protection of the State of Emergency: the Rabie era the rights denied. Part 4 The Rabie Court's protection of human rights: the rights not lost the rights protected the demands of the emegency against the claims of human rights. Part 5 The Corbett Court and the emergency: the change in the Court's decisions the common doctrinal ground of the Rabie and Corbett Courts the immediate causes of the change in the Court's approach. Part 6 Explaining the Court's performance - visions of law in South Africa: the Rabie Court - adherence to law in South African culture the Corbett Court - the Bar and the Judiciary as carriers of a human rights tradition. Part 7 Lawyers against the emergency: lawyers' moral responsibility for their work the value of emergency law work.