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Madzimbamuto V Lardner-Burke
''Madzimbamuto v Lardner-Burke and another'' 9691 AC 645 is a decision of the Judicial Committee of the Privy Council on United Kingdom constitutional law and the constitutional law of Rhodesia. The case was brought by Stella Madzimbamuto, to challenge the detention of her husband, Daniel Madzimbamuto, by the government of Rhodesia. The case raised the issue of the legality of the Unilateral Declaration of Independence made by Rhodesia in 1965. The case is often cited in relation to the legal status of constitutional conventions in United Kingdom constitutional law. Facts Southern Rhodesia was a British crown colony which had been granted limited self-government in 1923 under white minority rule. After it became clear that the British government did not intend to block the " Wind of Change" that had led to independence in much of Africa after 1958, Rhodesian politicians began to contemplate secession from the British Empire and Commonwealth as a white-ruled state. A Un ...
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Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one cons ...
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Self-governing Colony
In the British Empire, a self-governing colony was a colony with an elected government in which elected rulers were able to make most decisions without referring to the colonial power with nominal control of the colony. This was in contrast to a Crown colony, in which the British Government ruled and legislated via an appointed Governor, with or without the assistance of an appointed Council. Most self-governing colonies had responsible government. Self-governing colonies for the most part have no formal authority over constitutional matters such the monarchy and the constitutional relationship with the United Kingdom. The Judicial Committee of the Privy Council in London serves as the ultimate avenue of appeal in matters of law and justice. Colonies have sometimes been referred to as "self-governing" in situations where the executive has been under the control of neither the imperial government nor a local legislature elected by universal suffrage but by a local oligarchy state ...
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Hugh Beadle
Sir Thomas Hugh William Beadle, (6 February 1905 – 14 December 1980) was a Rhodesian lawyer, politician and judge who served as Chief Justice of Southern Rhodesia from March 1961 to November 1965, and as Chief Justice of Rhodesia from November 1965 until April 1977. He came to international prominence against the backdrop of Rhodesia's Unilateral Declaration of Independence (UDI) from Britain in November 1965, upon which he initially stood by the British Governor Sir Humphrey Gibbs as an adviser; he then provoked acrimony in British government circles by declaring Ian Smith's post-UDI administration legal in 1968. Born and raised in the Southern Rhodesian capital Salisbury, Beadle read law in the Union of South Africa and in Great Britain before commencing practice in Bulawayo in 1931. He became a member of the Southern Rhodesian Legislative Assembly for Godfrey Huggins's ruling United Party in 1939. Appointed Huggins's Parliamentary Private Secretary in 1940, he reta ...
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Non Liquet
In law, a ''non liquet'' (commonly known as "wikt:lacuna, lacuna in the law") is any situation where there is no applicable law. ''Non liquet'' translates into English from Latin as "it is not clear". According to Cicero, the term was applied during the Roman Republic to a verdict of "not proven" where the guilt or innocence of the accused was "not clear". Strictly, a finding of non liquet could result in a decision that the matter will always remain non-justiciable, whereas a lacuna denotes within that concept a lacking hence that the matter should in future be governed by law. Loopholes are a subset of lacunae. A lacuna describes every specific matter about which no law exists, but a body of public, judicial or academic opinion believes it should, to address a particular issue (often described as "unregulated" or "wholly inadequately regulated" activities or areas). A loophole, where properly defined by contrast, denotes that a set of laws addressing a certain issue exists, bu ...
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Desmond Lardner-Burke
Desmond William Lardner-Burke ID (17 October 1909 – 1984) was a politician in Rhodesia. Early years Desmond Lardner-Burke was born in Kimberley in the Cape of Good Hope on 17 October 1909, and was educated at St. Andrew's College, Grahamstown. Lardner-Burke became a lawyer. He became a leading member of the Dominion Party, and in 1957 was a founder member of the Southern Rhodesian Association, of which he soon became leader. In 1962, this merged with Ian Smith's United Group and other organisations to found the Rhodesian Front, of which he was a prominent member. Lardner-Burke was a supporter of white supremacy, and claimed to support the views of Cecil Rhodes. In 1971, he preached a sermon from the pulpit of the Cathedral of St Mary and All Saints, Salisbury, in which he claimed that Christ had never declared that everyone was equal, nor that everyone was entitled to equal treatment. He attempted to illustrate how Christian theology could be shown to support apartheid. At ...
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African Nationalism
African nationalism is an umbrella term which refers to a group of political ideologies in sub-Saharan Africa, which are based on the idea of national self-determination and the creation of nation states.African nationalism
The ideology emerged under European colonial rule during the 19th and 20th centuries and was loosely inspired by nationalist ideas from Europe. Originally, African was based on demands for self-determination and played an important role in forcin ...
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Southern Rhodesian Legislative Assembly
The Legislative Assembly of Rhodesia was the legislature of Southern Rhodesia and then Rhodesia from 1924 to 1970. Background In 1898, the Southern Rhodesian Legislative Council, Southern Rhodesia's first elected representative body, was founded. Much of the decisions regarding the administration of Southern Rhodesia was made by the British South Africa Company (BSAC). When BSAC rule was terminated in 1923 and Responsible Government achieved, the Legislative Council was replaced by the Legislative Assembly.Rasmussen, K. & Rubert, S. (1990) ''Historical Dictionary of Zimbabwe'', The Scarecrow Press, London. Under the Constitution, there was provision for the establishment of an upper house to be known as the Legislative Council, but none was ever established, meaning that the Legislative Assembly remained a unicameral legislature. ...
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Rhodesian Bush War
The Rhodesian Bush War, also called the Second as well as the Zimbabwe War of Liberation, was a civil conflict from July 1964 to December 1979 in the unrecognised country of Rhodesia (later Zimbabwe-Rhodesia). The conflict pitted three forces against one another: the Rhodesian white minority-led government of Ian Smith (later the Zimbabwe-Rhodesian government of Bishop Abel Muzorewa); the Zimbabwe African National Liberation Army, the military wing of Robert Mugabe's Zimbabwe African National Union; and the Zimbabwe People's Revolutionary Army of Joshua Nkomo's Zimbabwe African People's Union. The war and its subsequent Internal Settlement, signed in 1978 by Smith and Muzorewa, led to the implementation of universal suffrage in June 1979 and the end of white minority rule in Rhodesia, which was renamed Zimbabwe Rhodesia under a black majority government. However, this new order failed to win international recognition and the war continued. Neither side achieved a military v ...
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Governor Of Southern Rhodesia
The Governor of Southern Rhodesia was the representative of the Monarchy of the United Kingdom, British monarch in the self-governing colony of Southern Rhodesia from 1923 to 1980. The Governor was appointed by The Crown and acted as the local head of state, receiving instructions from the Government of the United Kingdom, British Government. Rhodesia's 1965 Rhodesia's Unilateral Declaration of Independence, Unilateral Declaration of Independence resulted in the Rhodesian government ceasing to recognise the authority of the Governor, and the 1969 Rhodesian constitutional referendum resulted in Rhodesia declaring itself a republic, independent from the British monarchy. Britain still considered the territory its colony and continued to maintain the office, albeit allowing it be vacant from 1969–1979. Following the Lancaster House Agreement the office was filled from December 1979 until April 1980 whereupon Britain formally recognised the territory as the independent republic of ...
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Southern Rhodesia Act 1965
The Southern Rhodesia Act 1965 c. 76 was an Act of the Parliament of the United Kingdom. It was designed to reaffirm British legal rule in Southern Rhodesia after Rhodesia had unilaterally declared independence. In practice, it only enforced the status of Southern Rhodesia as a British colony in British constitutional theory as the Rhodesian government did not recognise it. History On 11 November 1965, the Prime Minister of Southern Rhodesia Ian Smith declared Rhodesia's Unilateral Declaration of Independence from the British Empire after the British Government refused to grant independence with White minority rule was still in place. Within five days, the Southern Rhodesia Act 1965 had passed through Parliament and had received royal assent from Queen Elizabeth II. The Southern Rhodesia Act 1965 stated that Southern Rhodesia was still legally a British colony and affirmed to the Queen the power to govern Southern Rhodesia via Orders in Council including amending the cons ...
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Parliament Of The United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy and thereby ultimate power over all other political bodies in the UK and the overseas territories. Parliament is bicameral but has three parts, consisting of the sovereign ( King-in-Parliament), the House of Lords, and the House of Commons (the primary chamber). In theory, power is officially vested in the King-in-Parliament. However, the Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation; thus power is ''de facto'' vested in the House of Commons. The House of Commons is an elected chamber with elections to 650 single-member constituencies held at least every five years under the first-past-the-post system. By constitutional convention, all governme ...
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Ian Smith
Ian Douglas Smith (8 April 1919 – 20 November 2007) was a Rhodesian politician, farmer, and fighter pilot who served as Prime Minister of Rhodesia (known as Southern Rhodesia until October 1964 and now known as Zimbabwe) from 1964 to 1979. He was the country's first premier not born abroad, and led the predominantly white government that unilaterally declared independence from the United Kingdom in November 1965 following prolonged dispute over the terms, particularly British demands for black majority rule. He remained Prime Minister for almost all of the 14 years of international isolation that followed, and oversaw Rhodesia's security forces during most of the Bush War, which pitted the unrecognised administration against communist-backed black nationalist guerrilla groups. Smith, who has been described as personifying white Rhodesia, remains a highly controversial figure. Smith was born to British immigrants in Selukwe, a small town in the Southern Rhodesian ...
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