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.

This dissertation examines the history of a British colonial high court, the High Court of Tanganyika, and the process through which it became integrated into the post-colonial Tanganyikan state and recognised as a national institution. It traces the history of the High Court of Tanganyika from its establishment in 1920 to the completion of the post- colonial government's efforts to decolonise it in 1971. The dissertation follows two main lines of inquiry. The first analyses the roles the High Court played in the context of indirect rule in Tanganyika and how its relationship to the administration and other courts was affected by changes in British rule of the territory over the forty year period. As twentieth century British colonial judges have been mostly overlooked in studies of colonial administration, this analysis of Tanganyika's High Court is underpinned by an examination of the broader British Colonial Legal Service, which staffed colonial benches across the British Empire. The second line of inquiry aims to explain how Tanganyika's post-colonial government perceived and altered the colonial High Court after independence to make it into a national institution. Ultimately, this dissertation argues that the High Court's roles in the colonial state and position relative to the administration reinforced administrative authority over Africans. Africans were prevented from accessing the High Court and participating in the administration of justice outside the Native Courts. After the end of British rule, Tanganyika's post-colonial government decolonised the High Court by modifying its relationship to the executive and lower courts in order to increase Africans' access to it and by appointing Africans to its Bench to replace the colonial judiciary. The original approach employed in this study connects the history of British colonial legal systems, colonial administration, and decolonisation, providing a means for assessing how other colonial high courts developed and decolonised.

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.

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 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.

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 (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.