Joas Kamudulunge - Academia.edu (original) (raw)
Papers by Joas Kamudulunge
Most legal systems are currently facing many administrative law challenges...
Most legal systems are currently facing many administrative law challenges because of the growth ... more Most legal systems are currently facing many administrative law challenges because of the growth of administrative power. The range of tasks performed by the administrators has increased, so has the potential for arbitrary or unfair action as regards the individual.2 Therefore, the argument stressing the importance of keeping administrative authorities within their perimeter is transformed in the administrative context into a claim of practicing different doctrines that debar an administrator from turning out to be an irrational or arbitrary authority. The doctrine of legitimate expectation has appeared as a new tool to prevent such arbitrariness or misuses. It is the 'latest recruit' to a long list of concepts fashioned especially by the Western
Drafts by Joas Kamudulunge
After a long period of exploitation of Africa’s natural wealth and minerals resources with little... more After a long period of exploitation of Africa’s natural wealth and minerals resources with little beneficiation of African people, the wind of change is finally sweeping across the African continent’ extractive industries. African countries, in taking advantage of the ever increasing world demand of their natural resources, have taken radical steps that reject win-win negotiated mining contract. A mining contract between an African country and a multinational mining company must therefore produce win-win-win results in order to be valid. Africa should derive optimal benefits from its natural resources because mineral resources are Africa’s competitive advantage in international trade.
When we speak of “the law”, what actually do we mean? What is the law, or rather put differently,... more When we speak of “the law”, what actually do we mean? What is the law, or rather put differently, which one is true law. Is substantive law the only true law? How did substantive law come about, how can we ensure that we do justice between man and man in the process of enforcing rights and duties provided for by substantive law? What is the main source of substantive law if not legal philosophy? But legal Philosophy is a very broad concept! Which philosophy of law then has actually contribute to the development of substantive law, if there is any? Now that we have a supreme Constitution, does legal philosophy still matter? All these are questions pertinent to the discussion of this topic. This paper attempts to answer all these questions. Particularly, the Paper seeks to explain whether or not legal philosophy (jurisprudence), still has a role to play in a legal system predominantly based on substantive law.
The factors of determination in this case were very limited. The Anglo-German Treaty alone was no... more The factors of determination in this case were very limited. The Anglo-German Treaty alone was not a sufficient factor on which the court could have made a more just decision. Also the reliefs sought by both countries never included the no man’s land. Namibia just got its independence a year before, and could not afford hostilities with countries that she should make friendship with. However, the decision was a good one because it avoided the bloodshed and further dispute between the two countries.
In terms of section 1of the Labour Act, Act 11 of 2007, a “trade union is an association of emplo... more In terms of section 1of the Labour Act, Act 11 of 2007, a “trade union is an association of employees with the principal purpose of regulating the relationships between the employees and the employers” . Broadly put, a trade union represent the interests of employees who are members of that particular trade union, in an employer- employee relationship . The general rule is that every employee in every corner of the world has a fundamental right and freedom to form or join a trade union, by virtue of being a human being . In some modern legal systems such as the Namibian Legal System, the fundamental rights and freedoms to form and join trade unions are constitutionally entrenched.
Most legal systems are currently facing many administrative law challenges...
Most legal systems are currently facing many administrative law challenges because of the growth ... more Most legal systems are currently facing many administrative law challenges because of the growth of administrative power. The range of tasks performed by the administrators has increased, so has the potential for arbitrary or unfair action as regards the individual.2 Therefore, the argument stressing the importance of keeping administrative authorities within their perimeter is transformed in the administrative context into a claim of practicing different doctrines that debar an administrator from turning out to be an irrational or arbitrary authority. The doctrine of legitimate expectation has appeared as a new tool to prevent such arbitrariness or misuses. It is the 'latest recruit' to a long list of concepts fashioned especially by the Western
After a long period of exploitation of Africa’s natural wealth and minerals resources with little... more After a long period of exploitation of Africa’s natural wealth and minerals resources with little beneficiation of African people, the wind of change is finally sweeping across the African continent’ extractive industries. African countries, in taking advantage of the ever increasing world demand of their natural resources, have taken radical steps that reject win-win negotiated mining contract. A mining contract between an African country and a multinational mining company must therefore produce win-win-win results in order to be valid. Africa should derive optimal benefits from its natural resources because mineral resources are Africa’s competitive advantage in international trade.
When we speak of “the law”, what actually do we mean? What is the law, or rather put differently,... more When we speak of “the law”, what actually do we mean? What is the law, or rather put differently, which one is true law. Is substantive law the only true law? How did substantive law come about, how can we ensure that we do justice between man and man in the process of enforcing rights and duties provided for by substantive law? What is the main source of substantive law if not legal philosophy? But legal Philosophy is a very broad concept! Which philosophy of law then has actually contribute to the development of substantive law, if there is any? Now that we have a supreme Constitution, does legal philosophy still matter? All these are questions pertinent to the discussion of this topic. This paper attempts to answer all these questions. Particularly, the Paper seeks to explain whether or not legal philosophy (jurisprudence), still has a role to play in a legal system predominantly based on substantive law.
The factors of determination in this case were very limited. The Anglo-German Treaty alone was no... more The factors of determination in this case were very limited. The Anglo-German Treaty alone was not a sufficient factor on which the court could have made a more just decision. Also the reliefs sought by both countries never included the no man’s land. Namibia just got its independence a year before, and could not afford hostilities with countries that she should make friendship with. However, the decision was a good one because it avoided the bloodshed and further dispute between the two countries.
In terms of section 1of the Labour Act, Act 11 of 2007, a “trade union is an association of emplo... more In terms of section 1of the Labour Act, Act 11 of 2007, a “trade union is an association of employees with the principal purpose of regulating the relationships between the employees and the employers” . Broadly put, a trade union represent the interests of employees who are members of that particular trade union, in an employer- employee relationship . The general rule is that every employee in every corner of the world has a fundamental right and freedom to form or join a trade union, by virtue of being a human being . In some modern legal systems such as the Namibian Legal System, the fundamental rights and freedoms to form and join trade unions are constitutionally entrenched.