Course Synopses

L183-6              Constitutional Law

Sources of Constitutional Law, the meaning of constitution; nature, types and functions of constitutions; basic doctrines of Constitutional Theory (Constitutionalism, Rule of Law, Separation of Powers, Constitutional and legislative supremacy, etc.); the machinery of government (nature and powers of the executive authority of state; nature and powers of legislative authority and nature and powers of judicial authority); the Ombudsman; the public service; citizenship; electoral system; fundamental rights and constitutional breakdown.

L284-6             Criminal Law

Definition and classification of crime; general principles of criminal law; actus reus, mens rea; strict liability; defences; degrees of participation, inchoate crimes; specific offences; common-Law crimes and statutory offences; problems in Criminal Law reform.

L285-6             Administrative Law

Sources of Administrative Law; institution and methods of decision making and rule making in administration; judicial and legislative control of administrative powers; rules of natural justice; a comparative survey of other forms of control; remedies; public corporations.

L382-6             International Law

General principles of international law; nature and sources of international law; international law and municipal law; subject of international law; recognition of states and governments; acquisition of territory; the law of treaties; state succession; state jurisdiction; immunity from jurisdiction; expropriation; law of the sea; airspace and outerspace; use of force by states, civil wars and wars of liberation; peaceful settlement of disputes; State Responsibility.

L482-6             Human Rights and Humanitarian Law

a)          Definition, foundation/historical development and internationalisation of human rights; fundamental principles of human rights; UN and regional instruments on human rights; implementation or protection procedures under both international and regional levels; national machinery for protection; the role of IGO’s and NGO’s

b)         Definition, historical foundations of humanitarian law; application of humanitarian law to international and non-international armed conflicts and international crime and enforcement machinery.

L484-6             Jurisprudence

Theories of the nature and basis of law; the law of nature and natural rights; law and ethics; law and fact; law and morality; sovereignty and the imperative theory; legal positivism; analytical theory and the pure theory of law; the historical school and customary law; sociological theories and theories of interests; economic interpretations and Marxist theories; American and Scandinavian realism.

Analysis, of the concepts of legal personality; rights and duties; the institution of contract and property; the judicial process and the theory of precedent.

L586-3             International Organisations

Development of international law through the organisational framework; the promotion of international cooperation; the membership, structure, functions and powers of the United Nations and its specialised agencies; regional organisations including the A.U., E.U., O.A.S., SADC, COMESA, SACU etc.

L587-3             Environmental Law I

The course examines the major global, regional and national environmental challenges and assesses the available legal and institutional mechanisms aimed at addressing these problems. Fundamental environmental principles including sustainable development and the preventive and precautionary principles; management of natural resources; regulation of hazardous products including transboundary pollution and trade in waste; climate change and ozone depletion.

Mechanisms of implementation, enforcement and dispute settlement; national and regional courts, international adjudication and the role of international organisations and NGO's.

Focus on Lesotho's own environmental challenges and its relevant legislation. Deforestation, desertification, natural resources and waste management.

L588-3             Environmental Law II

Aspects of Urban and Regional Planning; Law and Population; introduction to the development process; the institutions and the structure of the development processing; the policy process: National, regional, local policy systems, non-statutory plans, government circulars; development control, including population control, obtaining planning permission, conditions and agreements, planning gain, land availability for housing, office and industry; special problems: development agreements; potential conflicts of interest, local authority participation in planning policy; compensation and relocation policies.

L590-3             Criminology and Penology

Causes of crime and delinquency; the study of society's reaction to crime and delinquency including the work of law enforcement agencies; specific criminological problems: alcoholism, narcotic addiction, sexual offences, prostitution, homosexuality, abortion, abnormality (physical and mental), homicide and suicide, relation between individual and society. Aims and justification of punishment; sentencing function of the courts; custodial methods in dealing with adults and minors; non-custodial treatment of offenders.

L591-3              Sociology of Law

The course examines the operation of Law in Society. Using materials from classical sociologists (in particular Marx, Durkheim and Weber) as well as modern sociologists of Law, the course discusses the relation between law and ideology, political power and the class structure. Institutions concerned with the operation of the Legal System (Legal education, legal professions, the judiciary, legal aid, and police) are also examined.

L593-3             Taxation

An outline of direct and indirect taxation and an introduction to public finance; sources and machinery of revenue law; examination of basic tax, graduated tax, income tax, the taxation of companies and tax incentives for pioneer industries; double taxation agreements; indirect taxes e.g. customs and excise duties, transfer duty, stamp duty, etc.

L596-3             Comparative Law

Development of comparative law; the legal families in the World to-day; their historical formation, structural characteristics and legal concepts of the Romano-Germanic, Common Law and the Socialist Law families; Islamic, Chinese and traditional African systems; Comparative Criminal Procedure and Constitutional Law.