Course: Legal History of Apartheid

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Course title Legal History of Apartheid
Course code KTP/NPDA
Organizational form of instruction Seminar
Level of course Master
Year of study not specified
Semester Winter
Number of ECTS credits 3
Language of instruction Czech
Status of course Compulsory-optional
Form of instruction Face-to-face
Work placements This is not an internship
Recommended optional programme components None
Lecturer(s)
  • Touška Mikuláš, JUDr. Mgr.
  • Osina Petr, JUDr. Ph.D.
Course content
1-2 Introduction to the topic, political and constitutional environment of the Union of South African, representation in the political system on an ethnic basis. 3-4 Tradition of Africanism, segregation policy and legislation in the initial period of the Union, sources of apartheid and inspiration in the southern states of the United States. 5-6 Inter-ethnic coexistence and legislation between 1939 and 1948, restrictions on civil rights during the war. 7-8 Political program of the first nationalist government as antithesis of the policy of the second Smuts government and its general reflection in legislation - evolution v. revolution. 9-10 Country breakdowns and Bantu self-administration. 11-12 Administration of native affairs. 13-14 The Population Registration Act of 1950, the Reservation of Separate Amenities Act 1953 and their implementation; laws and other measures ensuring "purity of the race". 15-16. Suppression of Communism Act and other laws to subdue resistance to apartheid. 17-18 Apartheid v. Trusteeship v. Equal rights - discussion. Influx control. 19-20. Labour legislation, trade unions. 21-22. Representation of non-European population, the Separate Representation of Voters Bill and the constitutional crisis in the 1950s. Constitutional developments 1961 - 1993. 23-24 Summary and conclusion; final discussion.

Learning activities and teaching methods
Monologic Lecture(Interpretation, Training), Work with Text (with Book, Textbook), Activating (Simulations, Games, Dramatization)
Learning outcomes
Since 1948 South Africa experienced a major change in its political course, which has also led to a change in the legal environment. In the 1950s, the Union of South Africa has rapidly introduced legislative measures that have not only implemented apartheid into the everyday life of South Africans, but also the suppression of the rights of privileged citizens of European descent and the removal of a number of attributes of the rule of law. The aim of the course is to acquaint students with the sources, causes and course of this development.
Students shall obtain insight into the inspiration sources and reflection of South African nationalists' policies in legislation, its application and gradual removal of the attributes of the rule of law in the last decade of the existence of the Union of South African.
Prerequisites
Completion of this subject is not conditional upon completion of another subject.

Assessment methods and criteria
Mark, Written exam, Student performance

Students are expected to have a good command of English and an ability to understand academic papers. Students will be continuously evaluated on the basis of their activity during the seminar. The condition of completion of the course will be an essay in the range of 5-7 standard pages on one of the assigned topics.
Recommended literature
  • DAVENPORT, R. a SAUNDERS C. (2000). South Africa - A Modern History. London.
  • DUBOW, S. (2008). Smuts, the United Nations and the Rhetoric of Race and Rights, Journal of Contemporary History, Vol. 43, No. 1 (January, 2008), s. 45-74..
  • DVORIN, E. P. (1951). The Theory of Apartheid: Nationalist Racial Policy in the Union of South Africa, Political Research Quartely 1951, s. 32-47..
  • GILIOMEE, H. (2003). The Making of Apartheid Plan, 1929-1948, Journal of Southern African Studies, Volume 29, No. 2 (červen 2003), s. 373-392..
  • MATTHEWS, Z. K. (1951). The African Response to Racial Laws, Foreign Affairs, Vol. 30, Issue 1, October 1951, s. 91-102..
  • OLAOSEBIKAN, A. J. (2011). Origin, Nature and Dismantling of Apartheid Policy in the Union of South Africa (1948-1994), African Research Review, Vol. 5 (1), Serial No. 18, January, 2011, s. 496 - 509..
  • TIRYAKIAN, E. (1960). Apartheid and Politics in South Africa, The Journal of Politics, Volume 22, No. 4 (listopad 1960), s. 682-697..


Study plans that include the course
Faculty Study plan (Version) Category of Branch/Specialization Recommended year of study Recommended semester
Faculty: Faculty of Law Study plan (Version): Law (2010) Category: Law, legal and public administration proceeding 5 Recommended year of study:5, Recommended semester: Winter
Faculty: Faculty of Law Study plan (Version): Law (2010) Category: Law, legal and public administration proceeding 3 Recommended year of study:3, Recommended semester: Winter
Faculty: Faculty of Law Study plan (Version): Law (2010) Category: Law, legal and public administration proceeding 4 Recommended year of study:4, Recommended semester: Winter