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LAWS20058 - Australian Commercial Law

   

Added on  2019-11-08

6 Pages1498 Words203 Views
Running head: AUSTRALIAN COMMERCIAL LAWAustralian commercial lawName of the student:Name of the university:Author note

1AUSTRALIAN COMMERCIAL LAWAnswer to part AThe subject matter of the paper is based on the Australian Legal system and thetheories of Professor H.L.A. Hart. A relation has been tried to make in between theAustralia’s legal features and the three part legal system of Prof. Hart. There are certainsimilarities observed in the legal system of Australia regarding the Hart’s theory. ProfessorHart had divided the society into some parts of whom the tribal society is mentioned as theprimitive society. The term law is used to denote the systematic approach to achieve the good livelihoodand maintained peace and justice within the sphere of a particular country or States. Manyscholars and researchers, for many years, tried to find out the appropriate theories of law andset out legal principles for the development of the standard of law. The present case is based on the tribal law and system maintained in the tribal society.The word constitution has been stated under the case where it has been mentioned that allthe rules regarding the society has been written there. The tribal society is primitive in natureand it is the common rule that every member of the society has to follow the rules regardingthe proper maintenance of the society. Under the tribal society, there is no existence of state and therefore, the provisions ofthe rules or law are quite rigid. There is no fair provision to change or amend the law in partor completely. Therefore, by the changes of the generation, tribal law failed to change itscharacter. However, law helps to maintain a proper dignity in the society and helps toidentify the fair juridical system in it. In the words of Professor Hart, it is important to abide by the law to avoid thecomplexity and there should be no complication regarding the provision. He thought that a

2AUSTRALIAN COMMERCIAL LAWsociety will be lag behind if all the members of a society will not follow the legal principleand therefore, it is important to let the people know about the provisions of law by verbalcommunication. Answer to part BA society should be divided into three parts for the proper adjudication of the works.The parts are administrative, legislative and judiciary. Powers should be divided into threeparts properly and there should not be any interference regarding the same. These three partshave same importance to lead the society in a systematic way. In every country, there shall bea good legal system so that the loopholes regarding the inner system of the country can beavoided. The mentality of the lawmaker is reflected by the legal structure of a country andtherefore, strong legal structure helps to identify the growth of a State. The Australian legal system is quite developed in nature and the nature of the law iscommon in nature. The common law principles are derived its origin from the English law.Australia was a colonial State under the Great Britain and therefore, the English lawvehemently attracts the legal structure of Australia. a division of power is observed in theAustralian society and the federal system is observed in Australia. There are six differentStates present in Australia that are enjoying the self-governing power and the parliamentarysystem and constitution are different in all these States. There are certain loopholes present in the legal system of Australia. in Australia, anadversarial system has been observed and this system is the main obstacle to drive thebusiness operation effectively. In the system, certain classes of Jury are appointed to resolvethe dispute by engaging their jurisprudential mind, all the decisions are to be taken by theJury, there is no chance to interfere, and for that the outcome is detrimental. Many a times, it

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