Law and justice

What is legal positivism?

Legal positivism is the view that law and morality are separate, and judges must apply the law as it exists, even if it is unfair.

What is Natural Law?

Natural law is the view that law should be judged according to moral principles and what ought to be right. An unjust law may therefore be regarded as no law at all.

What are the 5 Principles of Modern Namibian Law?

1. Just application

2. Equality

3. Uniformity

4. Authority

5. Certainty

1)Just Application

Just application means that the law must be applied fairly and in accordance with the values and principles of the Namibian community.

2)Equality

Equality means that no person is above the law and people in the same legal circumstances should be treated equally without unfair discrimination.

People should not be unfairly discriminated against because of things such as:

• Sex

• Ethnic origin

• Creed

• Social status

Uniformity

Uniformity means that the law should apply consistently to all persons and in all areas.

Authority

Authority means that laws must be made by the proper authority. In Namibia, the main laws are made by the legislature, while some legislative powers may be delegated to statutory bodies.

Certainty

Certainty means that the law must be clear, predictable and consistently applied so that people can know their legal position and plan their lives accordingly.

What is substantive law?

Substantive law is the content of the law that defines the rights and duties of people and regulates legal relationships between people or between people and the state.

What is procedural law?

Procedural law refers to the rules and processes that courts follow when hearing and determining cases. It provides the manner in which substantive law is enforced.

What is formal justice?

Formal justice requires similar cases to be treated similarly and ensures that people receive a fair and public hearing before an independent and competent court.

Rules of natural justice

1)Audi alteram partem

2)Nemo iudex in sua causa

Audi alteram partem

A person must be given an opportunity to be heard,state their case and challenge or comment on evidence.

Nemo iudex in sua causa

• No one judges their own case.