... the defining characteristic of a rule is its enforceability. Rules are generally obeyed for one of three reasons. 1. Because they carry a sense of moral obligation this can be seen in relation to crime where most offences particularly those committed against the person, are seen as morally religious codes. The basic justification for the HOL decision in Shaw V DPP 1962 was that the judges are the ultimate guardians of our morals and have a duty to act against immoral behavior. 2. Because the rule is reasonable and relevant parliament is said to be legislatively supreme but even parliamentary law may have to be abandoned if it is seen as too irrelevant or too unfair. The classic example of this was "Poll Tax" in the 1980's. 3. Because a penalty may be imposed if the rule is broken. This explains why people obey rules that they disagree with, such ...

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