[1]In Hart's view, the rule of recognition arises out of a convention among officials by which they accept the rule's criteria as standards that impose duties and confer powers on officials, and resolves doubts and disagreements within the community.
To this end, as explained by Hart, the rule has three functions: The validity of a legal system is independent from its efficacy.
It follows that the rule of recognition is but a factual acknowledgement of what is indeed law; as per the classic illustration of a bill passed by the legislative authority and assented to by a head-of-state.
The judgment in R (Factortame Ltd) v Secretary of State for Transport (decided March 1989 to November 2000) represents an alteration of the Rule of Recognition, by confirming the incompatibility of UK legislation (the Merchant Shipping Act) with EU law, and deciding that the provisions of such law were to be disapplied by the UK courts if they contravened EU law.
Sir William Wade, a renowned authority in British constitutional law, would confirm this view.