Commercial law | Sample Assignment
9 Pages2962 Words171 Views
Added on 2019-11-19
Commercial law | Sample Assignment
Added on 2019-11-19
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COMMERCIAL LAWSTUDENT ID:[Pick the date]
COMMERCIAL LAWPART AIn order to prevent any uncertainty, the first step is to ensure that rules of recognition aremade clear. This would ensure that the newly added families to the tribe would be awareabout who has the authority to form the law, interpret the law and enforce the same. The rulescould be framed by the head of the tribe or a council of elder men which must becommunicated through the constitution or any suitable means. Further, in case of anyconfusion with regards to interpretation of law and granting justice, the suitable mechanismneeds to be clearly demarcated. This ensures legitimacy and stability in the tribe and wouldensure conformity in behaviour from the new families.Additionally, the primary obligations along with source of the law should be identified so thatthe same can be followed by the new families. This would provide a platform for the newfamilies to integrate into the tribe without violating the broad morality and social norms.Also, the rules of change should also be communicated to the families so that they are awareas to how the laws which lose relevance are modified. This is essential in order to ensurecontinuity of the legal system in a systematic manner as the underlying laws are dynamic andthrough a pre-determined procedure relevant changes can be introduced so that law reflectsthe morality and social obligations of the day.Further, the adjudication mechanism should also be communicated which essentially outlinesthe mechanism to be followed in case there is violation of any primary or secondary law. Thisensures that the new families tend to confer to the existing laws and learn it rapidly or elsethey may violate the same and would be punished. The communication of such a mechanismalso ensures fairness and provides clarity with regards to lawful conduct both to the newfamilies and also the tribe as a whole.PART BThe various features of the Australian legal system (keeping in mind the requirements of alegal system as outlined by Hart) are outlined below Rule of Recognition – This principle involves the identification of law which isapparent in Australian legal system which stems from the constitution itself thatprovides the law making authority to the Parliament. Further, the exact roles of the
COMMERCIAL LAWlegislature and the executive in relation to the law have been outlined coupled withthe procedure of framing the law. Besides, the exact subjects on which the state andFederal government can frame laws has also been highlighted in the writtenconstitution so as to clarify to the lawmakers along with the common people as towho would be the law making authority (Harvey, 2009). Moreover, the variousfundamental rights have been provided to the people so as to ensure that the lawmaking power of the government have reasonable restrictions and the same may beenacted in public interest. For the enforcement of laws, the executive has been giventhe requisite responsibility along with powers to accomplish the same. Additionally,the various sources of law have also been identified in the form of common law andstatute law. As a result, while the statute law is followed but at the same time, thecommon law is also considered coupled with judicial precedents (Gibson and Fraser,2014).Rules of Change – It is apparent that the legal system of Australia is not a static set ofrules which is why it has survived and so long and at the same time provided stabilityto the nation. The constitution may be amended in order to reflect the needs of thepresent times which may be different from the times when the constitution wasenacted. As a result, the procedure for amendment has also been outlined in theconstitution. Additionally, there are laws which are reductant and hence requisiteauthority is available to the Parliament to remove such laws from the statute book.However, limitations have been set with regards to the changes which can be broughtand thereby assuring that certain basic features of the constitution which are vitalremain intact. These are implemented through the use of judiciary which tends tostrike down any law which is in conflict with the basic structure of the constitution(Davenport and Parker, 2014). Hence, the constitution in the Australian legal systemacting through the judiciary system tends to insert relevant checks and balances sothat power of change is used in a constructive manner to reflect upon the popularpublic opinion along with present realities.Rules of Adjudication – This is also ensured in the Australian legal system throughthe presence of the judiciary system. Considering that the legal system of Australia isbased on a written constitution, hence there is a need to interpret the provisions of theconstitution and these disputes are handled by the judiciary. Additionally, judiciaryacts as the custodian of the constitution ensuring that everyone plays according to therules. Further, the judiciary tends to enforce the rules and this enforcement is critical
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