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The Purpose of Introducing and Enforcing the Rules

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Added on  2020-02-19

The Purpose of Introducing and Enforcing the Rules

   Added on 2020-02-19

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Running Head: Law 1
Law
The Purpose of Introducing and Enforcing the Rules_1
Law 2
Part A
Herbart hart provide the proposal, which includes three types of secondary rules and these rules
are Rule of recognition, Rules of Change, and Rules of Adjudication. These rules are necessary
for the enforcement of primary rules.
As stated, 20 new families join the tribe, and for the purpose of introducing and enforcing the
rules of constitution to these new families following steps are taken by the authorities of the
tribe:
For the purpose of introducing and enforcing the rules of the tribe, it is necessary that relevant
authorities must ensure that rules are not static, uncertain, and inefficient in nature.
Authorities make sure that rules developed by the tribe provide certain meaning of the law, and
does not create any double meaning of the single law.
Rules must not be uncertain in nature, and they must be separate set of standards which does not
have any identification and common mark. Doubts must not be arising related to the meaning of
the law. For example- Acts enacted by the parliament or any customary practice in Australia.
It is necessary for tribe to develop rules with certain meaning, so that families easily understand
the laws and does not interpret any other meaning of the law.
The Purpose of Introducing and Enforcing the Rules_2
Law 3
Rules must not be static in nature, which means rules can be changed as per the situations and
need. It does not mean that authorities are changing the rules on very quick basis. It only means
that rules must not be permanent in nature, and there must be an option to change the rules
whenever required. Therefore, it is necessary at the time of introducing the rules to make it clear
that authorities of the tribe has power to change the rules at any time as per the circumstances
and needs. It helps the followers to become flexible towards the changes.
Authorities must ensure that rules made by tribe are followed by the authorities also, and power
must be imposed under the authority to check the infringement of any rule. In case, members of
the tribe contravene any rule of the tribe then necessary punishments must be provided to that
person for contravenes the rules of the tribe. Therefore, procedure of adjudication must be stated
by the authorities.
Above stated provisions helps the authority of tribe to introduce and enforce the rules stated
under constitution to the 20 new families in the tribe.
The Purpose of Introducing and Enforcing the Rules_3
Law 4
Part B
Hart divided the rules into two parts that are primary rule and secondary rule, and in Australia
constitution defines the secondary rules. Australian legal system also recognized the conventions
because this system is completely based on the English system.
Constitution of Australia: Australia is a federation of six states that are Queensland, Victoria,
New South Wales, Tasmania, South Australia, and Western Australia. These states are regulated
by three self-governing territories which include their own governments, constitution,
parliaments and laws.
Fundamental principles of the Australian legal system are based on the judicial precedent,
procedural fairness and separation of powers. However, this argument is supported by the theory
of politics which considered the primary powers of the government that are legislative power of
the parliament, executive power for the purpose of enforcing the law, and power of judiciary for
interpreting the laws. Political theory also considers the concept related to the separation of
powers for the purpose of achieving the political balance.
Constitution of the Australia also covers the judicial power of the commonwealth for
implementing the law, and this law is implemented through the higher court and other federal
courts for the purpose of decided the matter. High Court was created by the constitution, and
judges of High Court can be removed by the Minister and cabinet if they found that judges are
misbehaving or incapacity in the house parliament.
In every country, hierarchy of courts provides consistency and decentralized form of decision
making that is from superior courts to the lower courts. Things are not similar in Australia,
because in this country things related to hierarchy of courts is considered complicated in nature.
Each six states of Australia have their own hierarchy of courts, and each state considered them as
The Purpose of Introducing and Enforcing the Rules_4

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