ABSTRACT
Hart has examined in The Concept of Law ‘two rival’ theories of law. The first, identified with legal positivism, treats as ‘law’ all rules which meet the formal tests of a system of primary and secondary rules even though some of these laws do violence to a society’s own standards of morality or to other views of morality which courts are pressed to abide by. The second theory, identified with Natural law, excludes from ‘law’ all such morally offensive rules. The Supreme Court allowed the appeal holding that the Election Amendment Act was not unconstitutional but that it had nevertheless failed to become law under the rule of recognition of Mythaca that the enactments of the Assembly duly passed are the law of the land. The Court recognized that the Amendment Act had been duly passed but it held that it was required by Art.
