Colonial Justice and Decolonization in the High Court of Tanzania, 1920-1971
Colonial Justice and Decolonization in the High Court of Tanzania, 1920-1971

Author: Ellen R. Feingold

Publisher: Springer

Published: 2018-02-09

Total Pages: 286

ISBN-13: 3319696912

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This book is the first study of the development and decolonization of a British colonial high court in Africa. It traces the history of the High Court of Tanzania from its establishment in 1920 to the end of its institutional process of decolonization in 1971. This process involved disentangling the High Court from colonial state structures and imperial systems that were built on racial inequality while simultaneously increasing the independence of the judiciary and application of British judicial principles. Feingold weaves together the rich history of the Court with a discussion of its judges – both as members of the British Colonial Legal Service and as individuals – to explore the impacts and intersections of imperial policies, national politics, and individual initiative. Colonial Justice and Decolonization in the High Court of Tanzania is a powerful reminder of the crucial roles played by common law courts in the operation and legitimization of both colonial and post-colonial states.

Foreign Judges in the Pacific
Foreign Judges in the Pacific

Author: Anna Dziedzic

Publisher: Bloomsbury Publishing

Published: 2021-11-04

Total Pages: 257

ISBN-13: 1509942874

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This book explores the use of foreign judges on courts of constitutional jurisdiction in 9 Pacific states: Fiji, Kiribati, Nauru, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. We often assume that the judges sitting on domestic courts will be citizens. However across the island states of the Pacific, over three-quarters of all judges are foreign judges who regularly hear cases of constitutional, legal and social importance. This has implications for constitutional adjudication, judicial independence and the representative qualities of judges and judiciaries. Drawing together detailed empirical research, legal analysis and constitutional theory, it traces how foreign judges bring different dimensions of knowledge to bear on adjudication, face distinctive burdens on their independence, and hold only an attenuated connection to the state and its people. It shows how foreign judges have come to be understood as representatives of a transnational profession, with its own transferrable judicial skills and values. Foreign Judges in the Pacific sheds light on the widespread but often unarticulated assumptions about the significance of nationality to the functions and qualities of constitutional judges. It shows how the nationality of judges matters, not only for the legitimacy and effectiveness of the Pacific courts that use foreign judges, but for legal and theoretical scholarship on courts and judging.

The Cambridge Handbook of Foreign Judges on Domestic Courts
The Cambridge Handbook of Foreign Judges on Domestic Courts

Author: Anna Dziedzic

Publisher: Cambridge University Press

Published: 2023-10-31

Total Pages: 907

ISBN-13: 1009116185

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This Handbook presents a comparative study of foreign judges on domestic courts, examining the practice and its implications for adjudication, judicial identity and judicial independence and accountability. The Handbook will interest scholars of comparative law and judicial studies, as well as judges, lawyers and historians.

Liberal Ideals and the Politics of Decolonisation
Liberal Ideals and the Politics of Decolonisation

Author: H. Kumarasingham

Publisher: Routledge

Published: 2020-11-25

Total Pages: 249

ISBN-13: 1000094820

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Liberal Ideals and the Politics of Decolonisation explores the subject of liberalism and its uses and contradictions across the late British Empire, especially in the context of imperial dissolution and subsequent state- building. The book covers multiple regions and issues concerning the British Empire and the Commonwealth, in particular the period ranging from the late-nineteenth century to the late- twentieth century. Original intellectual contributions are offered along with new arguments on critical issues in imperial history that will appeal to a wide range of scholars, including those outside of history. Liberal Ideals and the Politics of Decolonisation exposes commonalities, contradictions and contexts of different types of liberalism that animated the late British Empire and its rulers, radicals, subjects and citizens as they attempted to forge new states from its shadow and understand the impact of imperialism. This book examines the complexities of the idea and quest for self-government in the last stages of the British Empire. It also argues the importance of the political, intellectual and empirical aspects of liberalism to understand the process of decolonisation. The chapters in this book were originally published in a special issue of The Journal of Imperial and Commonwealth History.

Sabelo Ndlovu-Gatsheni and African Decolonial Studies
Sabelo Ndlovu-Gatsheni and African Decolonial Studies

Author: Toyin Falola

Publisher: Taylor & Francis

Published: 2023-09-15

Total Pages: 300

ISBN-13: 1000969258

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This book considers the work of the preeminent scholar on decoloniality, Sabelo Ndlovu-Gatsheni, as a means of examining the development of decoloniality discourse and considering the future direction of the African knowledge economy. Sabelo Ndlovu-Gatsheni has been instrumental in the construction of theories and ideas necessary for advancing a decolonial system of education and epistemology. This book considers how Professor Ndlovu-Gatsheni’s work has helped to shape our thinking both on Mugabe and the history of Zimbabwe, and beyond to the broader questions of race, liberation, higher education, and the future of decolonial studies. Renowned author Professor Toyin Falola then invites us to consider the dangers of continued repression of African epistemologies, and the enormous benefits of an alternative knowledge economy in which a diverse multiplicity of ideas drives our understanding of the world on to new heights. Unpacking the various conceptual leanings of decoloniality through the works of one of its leading lights, this book will be an essential read for researchers across the fields of African Studies, Race Studies, Philosophy, and Education.

The African Charter on Human and Peoples' Rights [2-Volume Set]
The African Charter on Human and Peoples' Rights [2-Volume Set]

Author: NAT. RUBNER

Publisher: Boydell & Brewer

Published: 2023-10-17

Total Pages: 1206

ISBN-13: 1847013805

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The African Charter on Human and Peoples' Rights (ACHPR) was the first non-Western declaration of human rights. This book, for the first time, presents a comprehensive account of the development of the ACHPR, key to a proper understanding of its fundamental nature. Volume 1 outlines the dominant African political and cultural ideas upon which the OAU (now African Union) was founded. Volume 2 describes the process through which the ACHPR came into being.

The African Charter on Human and Peoples' Rights
The African Charter on Human and Peoples' Rights

Author: Nat Rubner

Publisher: Boydell & Brewer

Published: 2023-10-17

Total Pages: 527

ISBN-13: 1847013546

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Landmark study of the African Charter on Human and Peoples' Rights. Documents on one side the international community's inability to foist a human rights system upon Africa and on the other the process within the OAU (now African Union) that eventually brought it into being and determined its content. The African Charter on Human and Peoples' Rights (ACHPR), which was proposed in 1979, adopted in 1981 and came into effect in 1986, was the first non-Western declaration of human rights and the first official statement of an African human rights perspective. With Africa largely absent in 1948 when the Universal Declaration of Human Rights (UDHR) was adopted, it stands in stark historical reproach to the Western conception of universal human rights as a pivotal document in the decolonisation of the continent. This book, for the first time, presents a comprehensive account of the development of the ACHPR, which is key to a proper understanding of its fundamental nature. Through documenting its process of construction, it becomes possible to understand how Africans themselves understood the process and the issues involved and how the ACHPR became a political text asserted by African leaders and not a continuum of a so-called universal human rights tradition. The result is a radical repositioning of the underlying context of the ACHPR, one of the most important documents in modern African history, of how it came to be and how it should therefore be understood. Volume 2 describes the process through which the ACHPR came into being. Analysing the role of Western governments, the UN and NGOs, it shows that, contrary to the prevailing view of African human rights commentators, their influence was limited and at times counter-productive. That, in fact, the formulation of the ACHPR was a profoundly political process that was primarily a product of an African desire to instigate its own human rights perspective as a counter to the human rights universalism advanced by the Western post-war human rights tradition.

Human Trafficking Under International and Tanzanian Law
Human Trafficking Under International and Tanzanian Law

Author: Nicksoni Filbert Kahimba

Publisher: Springer Nature

Published: 2021

Total Pages: 518

ISBN-13: 9462654352

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This book deals with the problem of human trafficking in Tanzania in the light of international law and considers human trafficking as both a criminal offence in Tanzania and a human rights violation within international law in general. The book broadens the reader's understanding of the subject of human trafficking and Tanzania's legal approach to the issue and allows the reader to grasp Tanzania's anti-trafficking piecemeal efforts from the 1970s onwards, the reasons that made Tanzania ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, and Tanzania's National Assembly's deliberations regarding the enactment of the Anti-Trafficking in Persons Act of 2008 and the impact those deliberations have had on the current legal framework of Tanzania. It provides a firsthand critical analysis of the Tanzania anti-trafficking law, pointing out its strengths, weaknesses and areas for improvement in a comprehensive manner such as has never been attempted before. The book shares many tips and even insights on how to read and apply Tanzania's 2015 Anti-Trafficking Regulations in relation to the main law harmoniously. It also offers complete instructions for common-law practitioners, court personnel, researchers and other anti-trafficking personnel on how to investigate and prosecute human trafficking, prevent trafficking, both lawfully and from occurring, as well as assist victims of human trafficking and protect their human rights. Nicksoni Filbert Kahimba is a doctoral researcher in the Faculty of Law of the Humboldt Universität zu Berlin in Berlin, Germany.

Diversity and Empires
Diversity and Empires

Author: Sophie Rose

Publisher: Taylor & Francis

Published: 2023-06-02

Total Pages: 259

ISBN-13: 1000893375

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Examining diversity as a fundamental reality of empire, this book explores European colonial empires, both terrestrial and maritime, to show how they addressed the questions of how to manage diversity. These questions range from the local to the supra-regional, and from the management of people to that of political and judicial systems. Taking an intersectional approach incorporating categories such as race, religion, subjecthood, and social and legal status, the contributions of the volume show how old and new modes of creating social difference took shape in an increasingly globalized early modern world, and what contemporary legacies these ‘diversity formations’ left behind. This volume shows diversity and imperial projects to be both contentious and mutually constitutive: on the one hand, the conditions of empire created divisions between people through official categorizations (such as racial classifications and designations of subjecthood) and through discriminately applied extractive policies, from taxation to slavery. On the other hand, imperial subjects, communities, and polities within and adjacent to the empire asserted themselves through a diverse range of affiliations and identities that challenged any notion of a unilateral, universal imperial authority. This book highlights the multidimensionality and interconnectedness of diversity in imperial settings and will be useful reading to students and scholars of the history of colonial empires, global history, and race.