H L A Hart rules of change what is harts rule of chang?

Answer 1

Hart in his book, Concept of Law, has contemplated law to be a unification of two kinds of rules - Primary Rules and secondary rules. These two rules together make, what is known as a 'system of rules'. Secondary rules are of three types -

1) Rules of change

2) Rules of Adjudication

3) Rules of recognition

Primary rules and secondary rules must co-exist, each being sine qua non of the other.

As per his thesis on the rules of change, he says that these are those which enables the modification of the primary rules. If primary rules are not changed then law will not be able to adapt with the changing time and will be of no use. Hart says that rules of change include repealing old rules and bringing new ones in place and amending the rules to suit the changing time and circumstance, which is in a state of constant flux.

In light of a constitution, the amending power can be said to a rule of change. eg: Art 368 in the Indian Constitution is a rule of change. (It must be kept in mind that it also provides a power to the Parliament to amend, thus, is also a power conferring law).