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Hart's 3 Part Legal System: The United Kingdom

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Added on  2021-05-27

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This is clearly apparent for the UK legal system where there are mainly three key sources of law, One of these is the statute law which essentially would encompass the laws made through legislation by the requisite parliament or other bodies. The most noticeable difference would be in relation to the source of law where for UK, constitution does not serve as a source of law which is unlike the system in Australia where constitution has significant importance and the highest courts do not allow formation of any law which contravenes with the constitution

Hart's 3 Part Legal System: The United Kingdom

   Added on 2021-05-27

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AUSTRALIANCOMMERCIAL LAWSTUDENT ID:[Pick the date]
Hart's 3 Part Legal System: The United Kingdom_1
PART AQuestion 1(b)The foreign legal system that has been shortlisted for the purposes of the given task belongsto the United Kingdom. The various aspects of law in relation to Hart’s 3 part legal systemare highlighted below.Rule of recognitionIn order for the rule of recognition to exist, the underlying legal system must identify clearand identifiable sources of law. This is clearly apparent for the UK legal system where thereare mainly three key sources of law, One of these is the statute law which essentially wouldencompass the laws made through legislation by the requisite parliament or other bodies. Inthe absence of a written constitution, common law plays a significant role as it highlights thekey principles as identified in cases from the past but these principles are relevant today.Considering that till recently, UK was part o the European Union, thus, the legal system isalso influenced by corresponding laws enacted in the EU especially related to human andlabour rights1.In this context, the existing legal system in Australia is quite comparable. The mostnoticeable difference would be in relation to the source of law where for UK, constitutiondoes not serve as a source of law which is unlike the system in Australia where constitutionhas significant importance and the highest courts do not allow formation of any law whichcontravenes with the constitution Rule of ChangeIn UK, there are defined ways in which the old laws may be repealing while the new ones canbe formed. The process of rule making is based on the various conventions which has beenestablished over the years. Additionally, the UK legal system also allows the people toparticipate in the process of changing laws through the petition system which ensures that thelaws made tend to be representative of the aspirations of the people. Further, considering thatthere is no written constitution, hence under UK system , the Parliament has unfetteredpowers to bring change subject to judicial review2.1SOAS, Source of UK Law, (n.d) https://www.soas.ac.uk/library/subjects/law/research/file70249.pdf2Suzanne Rab, Legal systems in UK (England and Wales): overview, (n.d.) https://uk.practicallaw.thomsonreuters.com/5-636-2498?transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1
Hart's 3 Part Legal System: The United Kingdom_2
A similar observation is made for Australian legal system where there is defined power tochange laws and repeal old laws which is vested in the parliament. Through legislation lawscan be made and repealed. Further, the constitution also highlights the sphere of topics wherethe state and Federal governments can make law. Also, the power to bring changes is subjectto judicial review in wake of the basic principle of the constitution. Rule of AdjudicationWhen laws exist, disputes would automatically follow and to resolve these a robustadjudication mechanism is required. In UK, till recently this was not only provided throughcourts but also through the executive and legislature since judicial powers were vested insuch positions as well such as Privy Council and House of Lords. However, over the last twodecade various measures have been undertaken in order to alter the same and henceadjudication power has become more concentrated in the judiciary which is imperative so asto lead to impartial adjudication of disputes3.The judicial system in Australia has been comparatively more independently and through thesystem of state and Federal courts tends to form a hierarchy which serves to provide animpartial adjudication mechanism. This is accompanied through administrative tribunalsbesides other mechanism aimed at dispute resolution. PART BQuestion 2IssueThe key concern is to highlight in wake of common law and statute law is Barry can declare the given contract as void based on the false representations by Angelo.Relevant LawIn order to lure the buyer, during the pre-contractual phase, the seller makes a lot ofrepresentation. It may so happen that some of these representations may be false and such asituation is referred to as misrepresentation. This false representation may be intentional, dueto mistake or arising out of negligence of seller. Fraudulent misrepresentation denotes a3Ibid. 2
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