Assignment: Australian Commercial Law (Doc)
7 Pages2040 Words24 Views
Added on 2021-06-14
Assignment: Australian Commercial Law (Doc)
Added on 2021-06-14
ShareRelated Documents
AUSTRALIANCOMMERCIAL LAWSTUDENT ID:[Pick the date]
PART AQuestion 1(b)Foreign Country Selected – United KingdomThe objective of the given task is to carry out a review of the UK legal system in wake of thedescription provided by Hart for legal systems. Rule of recognitionThis is essential so that for sourcing of law there are only certain identifiable sources ratherthan an arbitrary power having the power to make laws. This is inherent in the legal systemprevalent in UK as the sources of law can be identified. One of the sources is common lawwhich is essentially a provider of broad principles which adhered to in the formation of newlaw and judicial decisions. The other is stature law which indicate the laws formed bylegislation. The last source of law in UK is EU law which may be explained on the basis ofUK being a part of EU till recently when Brexit happened1The various sources of law in Australia are also comparable are highlighted below2.1)Constitution2)Statute Law3)Common Law4)Case LawIn Australian scenario, the role of constitution is significant which is absent in case of UKsince it does not have any written constitution. Therefore, reliance in UK is on establishedprocesses and conventions. Rule of ChangeIn the UK legal system, the process of making law is well defined and there is no arbitraryprocess involved. Additionally, the rule making powers are vested with the legislature whichis entrusted with the task of making new legislation and also repealing those old laws whichare repressive and not appropriate. Additionally, through the petition system, it is also1Slapper Gary, Kelly David,The English Legal System(Routledge, 2014) 172Shayne Davenport,Business and Law in Australia(Thomson Reuters, 4thed, 2012)
possible for the people to bring about a change in law for which there is overwhelming publicsupport3.Australia also has a defined law making process which is on the lines of UK system owing tocolonial ties. The legislature is entrusted with making laws based on the subjects on whichthey are authorised to make laws which is decided in accordance to the Constitution. Further,even though there are powers to change law available with the parliament, there are suitablechecks and balances in the form of judicial review4.Rule of AdjudicationIt is essential that mechanisms to adjudicate on the various issues that arise must exist This isthe primary role of the judiciary but in the UK, some judicial powers were also available withthe other organs of the government. However, recent structural changes have corrected theseimbalances. The UK boasts of a system of courts which forms a hierarchical system and isthe primary provider of adjudication. This is not only provided to citizens but also to thegovernment5.The separation of power as exhibited in Australia is significantly more rigid than in UK andhence the adjudication process is served by the courts which exist at different levels and dealwith specific matters that may arise. To provide aid, administrative tribunals also exist onaccount of merits review system.PART BQuestion 2IssueThe major issue in the light of the situation presented is that can Barry hold the contract void if he wants to do the same.Relevant Law3Partington Martin,Introduction to the English Legal System 2016-2017(Oxford University Press, 2016), 31-334Ibid. 2, 21-225Ibid. 1, 35-36
End of preview
Want to access all the pages? Upload your documents or become a member.
Related Documents
Hart's 3 Part Legal System: The United Kingdomlg...
|8
|2360
|477
Laws20058 Australian Commercial Law PDFlg...
|8
|2417
|22
Australian commercial Law (PDF)lg...
|8
|2287
|163
LAWS20058 : Australian Commercial Lawlg...
|9
|2194
|81
Australian Commercial Law - Assignmentlg...
|7
|2106
|49
Australian Commercial Law : Assignmentlg...
|8
|2260
|57