n Tydskrif vir die Suid-Afrikaanse Reg - Constitutionalism in the Netherlands and South Africa : A Comparative Study, G.N. Barrie : boekbespreking

Volume 2008, Issue 3
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



Three years before the outbreak of World War II the eminent American historian McIlwain wrote that the one great issue that overshadowed the world at that time was the issue between constitutionalism and arbitrary government. The big question, he said, was whether rule by law or rule by arbitrary will would become the characteristic of governments ( (1939) 267). After Hitler's defeat he wrote that the principle of constitutionalism was being questioned as never before. He wrote that the world was trembling in the balance between the ordinary procedure of law and the processes of force which seemed so much quicker and effective ( (1947) 1).

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