In a Time of Trouble Law and Liberty in South

Can the law really protect human rights when they are most under siege? During much of South Africa's state of emergency, the country's highest court grimly rejected efforts to use the law to restrain emergency power. This work examines the intersection between law and emergency power in South Africa. Ellmann begins with an outline of the legal framework that exists in South Africa, pointing out the capacity it has to mitigate the excesses of the legislators' designs. He continues by demonstrating through the judges decisions that, with few exceptions, they repeatedly vindicated the emergency powers. Ellmann suggests that though a legal tradition existed for the protection of human rights, it was denied as a result of certain judges' decisions. This study teaches that law is no guarantee of liberty, but it can help slow the march of oppression.

Abbreviations
Introduction	p. 1
South African Internal Security Law: Constitutional Framework and Statutory Designs	p. 11
Parliamentary Supremacy and the Constricted Field of Judicial Review of Legislation	p. 12
South African Internal Security Statutes	p. 15
Hurley's Case and the Doctrinal Basis for Human Rights Jurisprudence in South Africa	p. 26
Hurley and the Character of Legislative Intention in South Africa	p. 28
The Interpretation of Intention	p. 32
The Rabie Court and the Judicial Protection of the State of Emergency	p. 57
The Rabie Era	p. 57
The Rights Denied	p. 71
The Rabie Court's Protection of Human Rights	p. 115
The Rights Not Lost	p. 116
The Rights Protected	p. 118
The Demands of the Emergency against the Claims of Human Rights	p. 129
The Corbett Court and the Emergency	p. 139
The Change in the Court's Decisions	p. 142
The Common Doctrinal Ground of the Corbett and Rabie Courts	p. 153
The Immediate Causes of the Change in the Court's Approach	p. 158
Explaining the Court's Performance: Visions of Law in South Africa	p. 163
The Rabie Court: Adherence to Law in South African Culture	p. 165
The Corbett Court: The Bar and the Judiciary as Carriers of a Human Rights Tradition	p. 205
Conclusion	p. 244
Lawyers against the Emergency	p. 248
Lawyers' Moral Responsibility for Their Work	p. 250
The Value of Emergency Law Work	p. 253
Conclusion	p. 268
Index	p. 275
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In a Time of Trouble Law and Liberty in South Africa's State of Emergency

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