For nineteenth-century Britons, the rule of law stood at the heart of their constitutional culture, and guaranteed the right not to be imprisoned without trial. At the same time, in an expanding empire, the authorities made frequent resort to detention without trial to remove political leaders who stood in the way of imperial expansion. Such conduct raised difficult questions about Britain's commitment to the rule of law. Was it satisfied if the sovereign validated acts of naked power by legislative forms, or could imperial subjects claim the protection of Magna Carta and the common law tradition? In this pathbreaking book, Michael Lobban explores how these matters were debated from the liberal Cape, to the jurisdictional borderlands of West Africa, to the occupied territory of Egypt, and shows how and when the demands of power undermined the rule of law.
Author(s): Michael Lobban
Series: Studies In Legal History
Edition: 1
Publisher: Cambridge University Press
Year: 2021
Language: English
Commentary: TruePDF
Pages: 464
Tags: Political Crimes And Offenses: Africa, English-Speaking: History: 19th Century; Detention Of Persons: Africa, English-Speaking: History: 19th Century; Political Crimes And Offenses: Africa, English-Speaking: History: 20th Century
Cover
Half-title page
Series page
Title page
Copyright page
Contents
List of
Maps
Acknowledgements
List of
Abbreviations of Archival Sources
1 Introduction
2 Martial Law and the Rule of Law in the Eastern Cape, 1830–1880
3 Zulu Political Prisoners, 1872–1897
4 Egypt and Sudan, 1882–1887
5 Detention without Trial in Sierra Leoneand the Gold Coast, 1865–1890
6 Removing Rulers in the Niger Delta, 1887–1897
7 Consolidating Colonial Rule: Detentions in the Gold Coast and Sierra Leone, 1896–1901
8 Detention Comes to Court: African Appeals to the Courts in Whitehall and Westminster, 1895–1922
9 Martial Law in the Anglo-Boer War, 1899–1902
10 Martial Law, the Privy Council and The Zulu Rebellion of 1906
11 Conclusion
Index
