Colonialism, Justice and the Rule of Law: A Southern African and Australian Narrative.

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 article analyses how formal conceptions of the Rule of Law and legal certainty can undermine efforts to achieve justice for past historical wrongs. Examples of this are found in the Aboriginal land rights litigation in Australia, as well as litigation under the Alien Tort Statute in the United States of America.