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Commercial and Corporation Law Assignment PDF

   

Added on  2021-06-17

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Running head: COMMERCIAL AND CORPORATION LAW0Commercial andCorporation Law

COMMERCIAL AND CORPORATION LAW1Part AQuestion 1This file will evaluate whether the legal system implemented in India comply withHart’s three-part legal system. Furthermore, this file will compare the Australian legal systemwith Indian legal system. Herbert Lionel Adolphus Hart developed a three-party legal systembased on primary and secondary rules which apply to a country. The Indian legal system isbased on the legal system of the United Kingdom1. The Indian legal system has developed asystem in which both primary and secondary rules exist. The Constitution provides separationof power between the judiciary and executive authorities, and it was established in 1950, andsince then it has amended 101 times. The Constitution provides the power of lawmaking tothe parliament in India based on which they can implement new laws or amend previousonce. The sources of law include legislation, constitution, customary law, and case law. Thegovernment has the power of proposed laws in the parliament based on gaps in the legalsystem, and the ministers in the parliament argue whether such proposed law (bill) should beaccepted. There are two parliamentary bodies in India which include Rajya Sabha and LokSabha2. The Constitution clearly defines the process of lawmaking. The government proposeda bill in the parliament, and both the parliamentary houses (Rajya Sabha and Lok Sabha)argue whether it should be a law. After receiving acceptance on the bill for the parliament, itis sent to the President for signature after which it becomes law and applies to the country3.The Constitution clearly defines the laws which are required to comply by everyone in thecountry and breaching of such regulations resulted in legal consequences. The Constitutionhas divided judiciary power between courts, and there are different courts for entertainingcriminal and civil matters. The Supreme Court is the highest judiciary entity, and it has thepower of judicial review as per article 32 of the Constitution based on which it can check theworking of the government4. The judgment of higher courts is required to comply with lowercourts, and the parties of a suit can appeal against an order if they are not satisfied with the1Arthur Berriedale Keith,A Constitutional History Of India, 1600-1935(Taylor and Francis, 2017).2Raj Kumar Bhardwaj and M. Madhusudan, "Online Legal Information System (OLIS) Leveraging Access To Legal Information Resources In Indian Environment" (2016) 36(1)DESIDOC Journal of Library and Information Technology.3Prateek Tak, "Legal Aid: A Boon For The Indian Legal System" [2012]SSRN Electronic Journal.4Rajvir Sharma, "Judiciary As Change Agent: Some Insights Into The Changing Role Of Judiciary In India" (2012) 58(2)Indian Journal of Public Administration.

COMMERCIAL AND CORPORATION LAW2judgement of the court. The Indian legal system complies with the provisions given by Hart’sthree-part legal system.Rules of RecognitionHLA Hart stated that rules of recognition from the foundation of a legal system and itprovide rules which are required to comply with both private and government officials.Similarly, Indian legal system provides a number of primary rules which are required tocomply by citizens and the government officials5. These are determined as primary ruleswhich are mandatory to be followed by every party. Furthermore, the process of creating andascertaining the validity of a law is clearly defined by the Constitution as well.Rules of ChangeIn Indian legal system, the sources of law are clearly defined along with the process ofchanging, adding, removing and deleting the laws. Furthermore, the Supreme Court has thepower to analyse the lawmaking process of the government which avoids misuse of the legalsystem. The old laws are reviewed by the government as well to introduce new laws thatreplace them6.Rules of AdjudicationThe Constitution clearly defines the adjudication process in Indian legal system, anddifferent courts are established in the country that entertains both criminal and civil cases.The ruling of a higher court applies to other courts, and the parties of a suit have the right toapply for an appeal if they are not satisfied with the ruling7.The Australian legal system is very similar to the Indian legal system as both of themare based on English law, and they comply with Hart’s three-part legal system. In Australia,the Constitution of 1901 clearly defined the executive, judiciary and legislative powers and itdistributes it between different authorities8. The Constitution is the key document which isalso based on a number of primary and secondary rules. Similarly, in Indian legal system, theConstitution is the key document which provides provisions regarding judiciary, legislative5Yashomati Ghosh, "Indian Judiciary: An Analysis Of The Cyclic Syndrome Of Delay, Arrears And Pendency"(2017) 5(1)Asian Journal of Legal Education.6Tarumoy Chaudhuri, "Relations Of Judiciary And Executive In India" [2007]SSRN Electronic Journal.7Sumita Bhowmik, "Sustainable Development And Indian Judiciary" [2012]SSRN Electronic Journal.8Francesca Bartlett and Reid Mortensen, "Integrity In Legal Practice: A Report From The Third International Legal Ethics Conference, Gold Coast, Australia" (2009) 12(1)Legal Ethics.

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