Striking a regulatory bargain, the legal profession, associations and the state in South Africa
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Date
Authors
Bonnin, Debby
Journal Title
Journal ISSN
Volume Title
Publisher
OsloMet
Abstract
This article examines the regulation of the legal profession in South Africa from colonial times, through apartheid and into the post-apartheid period. It narrates the changing relationship between professional associations and the state, locating these events within the debates on professional self-regulation. Taking the view that professional self-regulation is as a result of “an arrangement” between professions and the state it explores the regulatory bargain struck between associa-tions and the state. The paper demonstrates that during the apartheid period the profession utilised apartheid legislation to exclude black legal professionals. How-ever, in the post-apartheid period, when the state proposed legislative interventions in order to enable access to both the profession and justice, a new regulatory bar-gain had to be negotiated.
Description
Keywords
Professions, Professional regulation, Self-regulation, States, Legal profession, South Africa (SA)
Sustainable Development Goals
Citation
Bonnin, D. 2019, 'Striking a regulatory bargain, the legal profession, associations and the state in South Africa', Professions and Professionalism, vol. 9, no. 3, art. e3113, pp. 1-15.