Thursday, October 31, 2019

Procedural Steps Involved in Bringing a Case to the Docket of the Supr Assignment

Procedural Steps Involved in Bringing a Case to the Docket of the Supreme Court - Assignment Example However, aside from the Clerk of the Supreme Court, who serves as a court clerk, there are also the law clerks of the justices. A law clerk assists the justice in making an opinion through research and the writing of recommendations. An example of a law clerk that is currently serving Supreme Court justice is David Morrell. He is a graduate of Yale and once worked as a clerk of Judge E. Jones of the 5th Circuit. The solicitor general represents that the interests of the federal government in the Supreme Court. The Constitutional authority for lawmaking is stated in the Article I, Section 1 of the US Constitution. This clearly states that it is the Congress of the United States that has the power to create laws. The Congress is composed of two chambers, the Senate and the House of Representatives. Both chambers have the power to initiate the legislative process, with individual representatives and senators having the right to push a bill. After it has been formulated, the House and Senate Committees which have jurisdiction over the bill’s nature would then study it before approving or disapproving it at their level. It is at the level of the US congressional committees that the markup of the bill is done. The markup of the bill is a process in which debates or deliberations carried out prior to the committees’ decision. After the concerned congressional committee has approved a bill, it goes to the next stage which is House body itself. However, this has to pass the House Rule s Committee, which has the responsibility determining how the bill is to be handled by Congress when it comes to schedules of sessions, framework, and boundaries of the deliberations. It is possible that there are two versions of the same bill coming from the House and the Senate respectively. If there are conflicting points between the two versions, a Conference Committee may be constituted. This is composed of senators and  house representatives who are proponents of the bill. Their objective is to make a final version of the bill.  Ã‚  

Tuesday, October 29, 2019

Turkish invasion of Cyprus Essay Example | Topics and Well Written Essays - 3500 words

Turkish invasion of Cyprus - Essay Example Even before the conflict, the tension arose when the Cyprus Convention, on the basis of which Britain 'leased' the island, lost much of its relevance for some reasons, foremost of which was the disintegration of the Ottoman Empire. However there is a background of the conflict followed by the year 1878, when Cyprus was offered to the British, the Turkish sultans expected them to build a strong naval base on the island, which could be used as a deterrent against possible Russian attacks on the Asian parts of the Ottoman Empire (Borowiec: 24). This project was never realized thus never fulfilled. Despite high claims and loud voices in Britain that demanded an end to colonial rule in Cyprus, the Convention was never abrogated, resulting in the economic disaster in Cyprus. After the Turkish invasion of Cyprus, it was felt that the time was not favourable for the Cyprus government as the Turkish government had just relaxed its negotiating position linking free access to Ayios Theodhoros with Artemis Road (Hart: 47). It had also, instructed its permanent representative to the United Nations to thank Secretary-General for his efforts in obtaining the release of Denkta, and to state Ankara's acceptance of the UNFICYP timetable for the phased resumption of police patrols to the village, provided UNFICYP returned the Kophinou police compound to Turkish Cypriot police and redoubled its efforts to settle the Artemis Road situation. The attitude of the Turkish Government was warlike because for months the Demirel administration had been focusing its attention on internal development projects, many involving U.S. economic assistance. However the advance deployment of heavy weaponry and Greek mainland troops were indicating something fishy not only, in battalion strength, around Skarinou, but throughout the island. When the Cyprus crises erupted in 1964, Turkey found itself deprived to get U.S. support, at that time Ankara thought of reapproaching Arabs with a hope that would pay off. However the Arabs instead supported Greece with arms and weapons against the Turkish Cypriot minority (Nachmani: 14). Turkey while depicting such attitude of Middle East as the Arab betrayal, tried to shake hands with the Western world. Conflicts and threats during and after Turkish invasion The political aspirations of the Cypriot leaders were to inspire Cypriots towards either Greece or Turkey instead of creating a mutual concern for the unity of their nation and for their own self-preservation as Cypriots. The dominant feeling that remained long after the invasion among Turkish Cypriots was that the internationally recognized government of Cyprus has not represented the interests of the island's Turkish community. Indeed, it was observed that except minor exceptions, particularly after the invasion, Greek Cypriots regarded Turkish Cypriots as enemies rather than as compatriots. Greeks never considered them as their equal partners due to which systematic economic blockade of the Turkish areas by the Greek side were theoretically intended to 'punish' Turkey (Borowiec: 8). Distances between Greeks and Turks remained wider and therefore alienated the minority that was supposed to share the island with the Greeks. However despite the elements that separated two Cypriot

Sunday, October 27, 2019

The Overview For The Customer Loyalty Marketing Essay

The Overview For The Customer Loyalty Marketing Essay This chapter starts with the introduction of the researchs topic. Firstly, I will explain the overview for the customer loyalty. After that, research background, problem statement and research objective will discuss on this chapter. Besides, the justification, scope of the study, and limitation of the study hand been thoroughly discussed in chapter one. Finally, I will give definition for the importance term that I often use in this research. Nowadays, Customer loyalty is very important if an organization want to retain its current customers. Gaining customer loyalty becomes a key objective for banking organizations. Customer loyalty defines loyalty as a deeply held commitment to rebuy or repatronize a preferred product or service consistently in the future, despite situational influences and marketing efforts having the potential to cause switching behavior. (Oliver 1997,p.360) This has lead to a different definition of customer loyalty, an ongoing propensity to buy the brand, usually as one of several (Uncles et al., 2003, Gee et al., 2008,). Customer loyalty can be determined by looking at the number of purchases made by the customer from the product portfolio of a company, the frequency of acquisition, the percentage from the total expenditures made by a customer for a certain product or service. (Filip and Anghel, 2009). Besides, customer loyalty can be determined through consumer preferences and their affective disposition toward the bank, which are combined with repeat purchasing. Due to Filip and Constantinescu, 2007, we can conclude that repetitive customer behavior is not enough for us to be considered loyal towards the banking industry. (Filip and Anghel, 2009) Many academics need have more knowledge and better understanding to the process of developing customer loyalty (McMullan and Audrey, 2008, Oliver, 1999; Knox and Walker, 2001; Tsaur et al. 2002). When the academic have enough knowledge, they can know how to segmentation the customers according to different levels of customer. So, Different level customers have different strategies based on their background. In addition, the relationship between competition and loyalty becomes stronger when level of competition increase. Services sector is one of the examples because this sector has a lot of choices and rapidly emerging innovative products and services (McMullan and Audrey, 2008, Stevens, 2000). However, the academic and practical knowledge of the determinants of customer loyalty is very important for a organization to survive in market. In overall, we can say that develop an efficient customer loyalty strategic is very important for a organization includes banks. A successful strategic can help the organization to retain the customer in order to survive in highly competitive market. So, bank must build a strong customer relationship with their customer. 1.2 Background of the research In Malaysia, there are many bank located in different states, banking sector becoming increasing competitive from day to day. Due to the rapid development of information technology, it has made a great impact in the banking industry deeply. The high technology can provide the customer better alternative than before. It can help the customer to fulfill their financial needs. So, many bank need to keep improve themselves with the high technology to retain the customer. In order to retain the customer, the bankers need to have different kind of marketing and management strategic. One of the strategies is to understand their customer needs and try to satisfy their needs. There are several reasons that can influence customers selection of a bank. The range of services, rates, fees and prices charged can influence the customer mind when they want choose the suitable bank to keep their money .(Cohen et al., 2006;Abratt and Russell, 1999). Furthermore, providing service excellence, innovative products are vital to succeed in the banking industry. As conclusion, description above is my research background. It relate to the problem statement and objective that I am going to study during this research. 1.3 Problem statement Customer loyalty becoming an important element of banking strategy in todays increasingly competitive environment. Nowadays, the entire bankers need to compete with each other to survive in this highly competitive market. The entire banker must identify the problem occur in the bank and try to manage the problem in a proper way. Employees play an important role in a banking industry. Employees represent the professionalism of an organization. So, the banker must make sure their employee willingness to solve problems when emergency case happens. They must train their employee when how to dealing with customer. The employee must deal with customer friendliness and have sufficient knowledge to help customer. Other than that, the employee must have communication skills, and selling skills when dealing with customers. Many researchers conclude that retaining an existing bank customer costs less than creating a new customer. They discover that the cost of creating a new customer has been expected to be five times more than that of retaining an existing customer (Gan et al., 2006,Reichheld, 1996). Some researcher has explored the influence of several factors on loyalty. There are service quality, customer satisfaction, corporate image, commitment and conflict handling. Based on the research, this several factor have great impact on customer loyalty. Unfortunately, many banking industry does not fulfill the requirement of this several factor. Some banks do not understand the customer needs and provide the wrong information to customer. Other than that, some banks do not provide the good quality of service. The bank staff does not know how to deal with customer; the customer will think the staff no manners and do not professional. Besides, some bank does not build the strong relationship with the loyalty customer by giving them some special offer. If retention criteria are not well managed, customers may still leave their banks and find another bank to manage their wealth. In order to settle those problems, the bank must know how to handle the problem and try to satisfy the customer needs. Research question: Is there any significant relationship between reliability and customer loyalty? Is there any significant relationship between responsiveness and customer loyalty? Is there any significant relationship between assurance and customer loyalty? Is there any significant relationship between empathy and customer loyalty? Is there any significant relationship between tangibles and customer loyalty? Is there any significant relationship between customer satisfaction and customer loyalty? Is there any significant relationship between corporate image and customer loyalty? Is there any significant relationship between commitment and customer loyalty? Is there any significant relationship between conflict handling and customer loyalty? 1.4 Research Objective Research had show that customer loyalty is very important for an organization. Therefore, the objective of this research is to analyze the factor that can influence customer loyalty towards banking industry. Besides, the purpose of this study is to investigate how the bank to strengthen the relationship between bank and customer. The target respondent for this research is undergraduate university student. The study has some specific objective are as follow, i) To determine important factors affect the customer loyalty on bank ii) To analyze the relationship between reliability, responsiveness, assurance, empathy, tangibles, customer satisfaction, corporate image, commitment and conflict handling. iii) To make suggestion that could assist bank manager to increase customer loyalty towards bank. 1.5 Research Justification Nowadays, gaining customer loyalty becomes the purpose of a bank in order to survive in the competitive market. So, all the banking organization tries to make every customer satisfy their services. The result of this research will be able to provide an insight into how the bank manager to determine the factor that can affect the customer loyalty towards banking industry. All the relationship between the factors and customer loyalty can help the bank manager to making more effective market strategic. Besides, this result also can benefit all organizations includes banking industry. With the research, they can determine the factor that can influence the customer loyalty and the relationship between the factors and customer loyalty. Therefore, they can learn and make decision at the better way. Furthermore, the findings of this research are very useful to local banking industry. The findings of this research can provide some useful feedbacks that help the bank manager to improve the bank service quality. It is important to banking industry as it has direct impact of customer loyalty. If the improvement of the bank services parallel with the needs of the customer, the bank can increase the amount of customer satisfaction. High level customer satisfaction will reduce the customer switching. 1.6 Limitation of the study This study only focuses on banking industry in Malaysia due to the time limitation and other country banking industry hard to do more research on it. Besides, the customer loyalty also affect buy other external factors such as price. Besides, the research only focuses on undergraduate university students which include the local university and private university. It is hard to find target respondent other than undergraduate university student to do the survey. It is assumed that the respondents will answer the question in an honest manner. So, the results get from the research maybe not accurate. 1.7 Scope of the study This research target respondents consist of a group of 200 undergraduate university students. The undergraduate university students must be a bank customer. In this research, data are collected through primary research by the questionnaire survey form. Suggestion, recommendations from the bank customer can get through the survey form. In order to achieve the objective of the research, the questionnaires will be set based on research objective and hypotheses statement. It can make sure that the data that had been collected are more accurate and useful for the research. 1.8 Conclusion As a conclusion, bank should always keep improve the services in order to compete with other competitor. Customer loyalty is a key success for a banking industry. The cost of creating a new customer has been expected to be five times more than that of retaining an existing customer (Reichheld, 1996). 1.9 Definition bank A  bank  is a financial institution that accepts deposits and channels those deposits into lending activities. Banks primarily provide financial services to customers while enriching investors. Government restrictions on financial activities by banks vary over time and location. Banks are important players in financial markets and offer services such as investment funds and loans. Customer loyalty Customer loyalty can be define as a deeply held commitment to rebuy or repatronize a preferred product or service consistently in the future, despite situational influences and marketing efforts having the potential to cause switching behavior.(Oliver 1997,p.360) Customer Satisfaction Customer satisfaction is defined as the customers response to the evaluation of the perceived discrepancy between prior expectations and the actual performance of the product/service as perceived after its consumption. (Che-Ha,Tse, 2007 and Tse and Wilton, 1988,p.127) 1.10 Organization of Research Project This research project consists of five chapters which is introduction, literature review and research methodology, results and discussion, conclusions and recommendations. Chapter one is introduction of the research project. It begins with the overview and background of the topic. After that, this chapter also covers background of the research and problem statement. After identify objective of research, research justification will be discuss. Finally, limitation of the study and scope of the study will be explained. Chapter two is literature review. It presents the variables that involve in this research. The variables include reliability, responsiveness, assurance, empathy, tangibles, customer satisfaction, corporate image, commitment and conflict handling. First, I define the key terms and variables, and then followed by literature review in the context of factors affecting customer loyalty towards bank. Finally, a small conclusion will be discussed. Chapter three states the research methodology. It begins with introduction and then followed by a complete research framework to illustrate the relationship between the dependent variable and independent variable. After that, nine hypotheses were developed to test the correlation. Sampling procedures and sources of data will also discuss in this chapter. Furthermore, some technique to develop questionnaire also will discuss. Chapter four presents the results from the data analyses. The analysis examines the results how whether the variables can influence the bank customer loyalty. The analysis can find out there is any significant relationship between the independent variables and dependent variable. Chapter five states the recommendation and conclusion. It discusses the major finding and concludes the study. It also highlights the implication of this study, limitations and some suggestion for the future research.

Friday, October 25, 2019

Relationships in Norman MacLeans A River Runs Through It Essay

Relationships in Norman MacLean's A River Runs Through It "Eventually the watcher joined the river, and there was only one of us. I believe it was the river." The river that Norman Maclean speaks of in A River Runs Through It works as a connection, a tie, holding together the relationships between Norman and his acquaintances in this remote society. Though "It" is never outwardly defined in the novella there is definite evidence "It" is the personality of the people and that the river is running through each individual personality acting as the simple thread connecting this diverse group of people. With the help of the river these Montana residents are able to teach as well as learn from each other. Since the time of the Indians, fathers have been teaching sons the ways of the river and the Maclean family is no different. Paul and Norman learn from a young age first how to pray, read the Bible, and then fly fish from their father. For the Maclean family "there is no clear line between religion and fly-fishing" and their father is a Presbyterian preacher who incorporates all these lessons into the river. He carefully transitions from telling them "about Christ's disciples being fishermen" to teaching them "to approach the art (of fly-fishing) Marine- and Presbyterian- style" alongside the river. Along this river his sons receive "as many hours of instruction in fly fishing as in all other spiritual matters" making the river a pivotal part of everyday life. "Although Paul was three years younger than Norman?he was already far ahead in anything relating to fishing" by their early teens. Paul quickly passes Norman and his father in skillful fishing but more than that he acquired more style. His father... ...y and as expected Norman "is blamed for Neal." Norman is able to put his anger quickly behind him however, when he and Paul go on a fishing trip to "recuperate." He looks to "fishing for the healing effects of the cool waters" of the river. He quickly becomes lost in his fishing, so completely that he becomes "totally composed of thoughts about the Elkhorn River, the weather, and a mythological fish" and not a single thought of his dying anger. Characters are bound to each other by the river and through their common love of the river. Sometimes the only thing they have in common is this mutual love. This Montana community is entwined in the river that runs through it. All the characters obviously feel the same as Norman when he says "I also became the river." Work Cited MacLean, Norman. A River Runs Through It. University of Chicago Press, 1989.

Thursday, October 24, 2019

The Role of Youth in Indian Politics Essay

On the roads of Indian democracy, we have travelled for about 63 years now and shall continue the journey for years to come in the same rickety ancient grubby vehicle of ours that has driven us for so long. The list of travellers is an assemblage of young dazzling men and women. The blatant contrast between them arouses debates. It makes us ponder over the role of youth in Indian politics. There have been certain qualities constantly attributed to youth such as passion, aggression, and impetuousness, which have been viewed in both negative and positive lights.. Many argue that â€Å"youth† is an inexperienced and immature stage of life and are in disagreement as to whether the qualities of youth can be beneficial for politics, or detrimental. Speculation has also led to debates about whether young adult brains are biologically ready to make tough decisions. At the same time, for the establishment of â€Å"Rule by the People† in the world’s largest democracy as we proudly declare ourselves to be, it is important to understand who these â€Å"people† really are. According to ‘Indian Youth Portal’ 41.05% of the total population of the nation comes under the category of youth. Hence, it is obvious that participation of youth in the functioning of our country’s political practices is integral. The methods of working need to be revolutionised at a grass root level which can be attained by giving them the power to create a world in which they wish to live. Their innovative way of assessment and unacceptability towards injustice and unfair practices, makes them the ideal class of people to work for the people and strengthen their representation. After having addressed the question of the importance of youth contribution, we need to shift our focus on the practicality of this idea. A simple survey* reveals an interesting result. 87% of the university students surveyed for the same, believe that the†¦ Abraham Lincoln, the 16th President of the United States of America, aptly defined democracy as a government of the people, by the people and for the people. Abraham Lincoln, the 16th President of the United States of America, aptly defined democracy as a government of the people, by the people and for the people. This definition clearly underlines the basic tenet that, in this- form of government, people are supreme. The ultimate power is in their hands and they exercise it in the form of electing their representatives at the time of elections. In modern times this type of democracy, which is representative in nature, is most suitable. The other type, the direct democracy in which the people themselves enact and implement laws and run the administration, is now not feasible as countries are large and their populations huge. In a country like Switzerland, which has comparatively small population, direct democracy can still be found. India is the biggest democracy in the world, with a population of over one billion. India, a union of states, is a sovereign socialist, secular, democratic, republic, with a parliamentary system of government. The republic is governed in terms of the Constitution, which was adopted on 26 November, 1949 and came into force on 26 January, 1950. During the past fifty-three years there have been regular elections to the Parliament and state legislatures. This reflects the maturity and wisdom of the Indian electorate, in whom the ultimate power and sovereignty rests. With the passage of time, Indian voters have become more assertive and active as regards their participation in the process of democracy. The turnout of Indian voters has significantly increased during the past elections. It was about 52% only during the Lok Sabha elections of 1952 which increased to 64% during the ninth Lok Sabha elections held in 1989. Similarly during the last elections for Parliament, the voter’s t urnout has been quite encouraging. This phenomenon†¦ No institution including the Election Commission of India (ECI) and no personality or office in a democracy can be beyond public criticism and  debate. There have been occasions in the past when political parties have vehemently disagreed with the ECI’s decisions and found fault with its directives. Some of them have merely voiced their dismay, while others have accused the poll panel of lacking in neutrality and being influenced by the ruling party of the day. However, it is not often that a major political party holds a protest against the ECI and openly accuses the Chief Election Commissioner of timidity. By organising such protests, the Bharatiya Janata Party (BJP) has set a precedent of sorts. The party’s grievance is that the Returning Officer for the Varanasi constituency, where its prime ministerial aspirant Narendra Modi is a candidate, denied him permission to hold a rally in Varanasi city, citing security reasons. There may be some substance in its grievance as other leaders seem to have had no problem in addressing rallies at the same venue. However, it seems the party is protesting too much, as this one instance is not enough to conclude that the entire machinery of the Election Commission is acting with bias against the BJP and Mr. Modi. With just one round of polling left in the multi-phase exercise, Mr. Modi has criss-crossed the length and breadth of the country including Uttar Pradesh and addressed rallies without any such problem. The words of its senior leader Arun Jaitley, that â€Å"timid men can dwarf high office† and â€Å"if you can’t provide security, don’t hold polls in the country†, may not be quite fair, considering the impressive way in which the Commission has held the mammoth democratic exercise over the last two decades without many complaints of rigging. Voter turnout has improved considerably over the years; people living in remote areas and from communities prevented in the past from voting by feudal overlords are exercising their franchise without fear. Carping at the referee for one unpalatable decision, even if it involves the party’s iconic contestant, may not be justified. One of the principal complaints of the BJP against the United Progressive Alliance regime was that it undermined institutions such as the CAG by its continuous attacks. The BJP’s outburst against the ECI would seem no different in its tenor. Parties should desist from unfair attacks that might put undue pressure on election officials. It is equally plausible that the BJP was merely being opportunistic and seeking last-minute electoral gains by playing the victim. For its part, the Election Commission should be more alert, closely monitor field-level decisions and deal with complaints  against its officials with a greater sense of urgency. One of the most encouraging aspects of the 2014 Lok Sabha elections has been the significantly high voter turnout in areas affected by Left-wing extremism. Bastar in Chhattisgarh, that remains severely affected by Maoist insurgency, saw a voter turnout of almost 60 per cent as opposed to 47.33 per cent in 2009. Here, as well as in other areas, the Maoists had called for a total boycott of elections. But in most areas, in spite of the violence perpetrated by the Maoist rebels, people have come out in large numbers to cast their vote. In Gadchiroli constituency in Maharashtra, that is a part of the Maoists’ foremost guerrilla zone, the Dandakaranya Special Zone Committee, over 68 per cent votes were cast as opposed to 65.21 per cent in the 2009 elections. Munger and Jamui in Bihar also saw a 10 per cent increase in voter turnout. The only affected area where the turnout was low is Orissa’s Malkangiri that recorded a voting percentage of 48 per cent. One reason attributed to the higher turnout is the enthusiasm of first-time voters who came out in large numbers. Also, in many Maoist-affected areas, people are tired of the long cycle of violence, and want things to change. The voter turnout in Bastar has left the Maoists worried. After the elections in Bastar on April 10, they have held meetings at several places with Adivasis to understand what prompted this high turnout. Even in the formerly Maoist-hit areas in West Bengal, that went to the polls on May 7, the turnout has been exceptional. West Medinipur, Purulia and Bankura registered a turnout of 81.41, 78.75, 80.55 per cent respectively till 5 p.m. In Jhargram, it was almost 88 per cent. The challenge for the new government would be to focus on the development of the red corridor, especially when people there have expressed their faith in democracy. One major reason why the Maoists were able to entrench themselves in these regions was that the Indian state had completely forsaken its people. The void left by the state was just filled by Maoists. The onus is on whosoever forms the next government in New Delhi to change the equation. In many areas, there is sympathy among the Adivasis for Maoists. Security operations in these areas may have put Maoists on the back foot, but this can only be a temporary trend. In the absence of a real developmental intervention by the new government, there will be no ebb in violence in Bastar and other  Maoist-affected areas. One of the biggest challenges before the new government will be to instil a sense of security among the people. That will only happen if the people have confidence in the government — after which they will reject Maoism. When a law replacing an invalid executive order retains the same classification that was held to violate the constitutional norm of equality, it has to be struck down. It was only natural that the Supreme Court should declare unconstitutional Section 6-A of the Delhi Special Police Establishment Act that requires prior approval of the Centre before the Central Bureau of Investigation (CBI) can begin an inquiry or investigation against officers of the Union Government in the rank of Joint Secretary and above for the same reason that it invalidated the government’s ‘Single Directive’ in Vineet Narain (1997). The section was introduced by Parliament in 2003 to restore the ‘Single Directive’, a set of instructions to the CBI on the modalities of holding an enquiry. In yet another verdict that insulates the investigating agency from dependence on government approval at every stage, the Court has seen through the distinction made between officers based on t heir rank alone. Apart from there being no reasonable basis to treat corrupt public servants of a certain rank differently from those below them, the Court has given cogent and practical reasons too: that Section 6-A is destructive of the objective of the Prevention of Corruption Act as it blocks the truth from surfacing, protects those who commit crimes thwarts independent investigation and provides a forewarning to corrupt officers as soon as allegations are made against them. The government argued in vain, as it did in defence of the Single Directive earlier, that officers of the rank of Joint Secretary and above are â€Å"decision-making† officials who required protection against malicious or vexatious allegations. In the absence of such protection, it was contended, officials may tend to make no decisions, or limit themselves to ‘safe decisions’. However, as the amicus curiaepointed out to the Court, there was no known instance of harassment of officials between 1997 and 2003, the period in which no such prior approval was required. Further, other provisions requiring sanction from the competent authority before commencing prosecution remain intact. The real mischief in the provision, the Court has noted, is that the very group of  officers who may be the target of the inquiry get to decide whether the probe should be allowed or not. It has ruled that where it could be inferred that a corrupt act had taken place, but there is no direct evidence, the ‘expertise’ to decide whether to begin a probe should remain with the CBI, and not with the government. The verdict thus strengthens the agency in a way the legislature has failed to do over the years. It has restored what it calls the ‘signature tune’ of Vineet Narain: â€Å"however high you may be, the law is above you.† Essays on the organization, functions and Role of the Election commission in India A good electoral system is, therefore, the bed rock of genuine representative government. The architects of the Indian constitution attached the highest significance to arzon-dependent electoral machinery for the conduct of elections. For this it was necessary that an independent election commission with its vast paraphernalia should be set-up in country such a commission could ensure fair and free elections of the representatives of the pie at all levels. Articles 324, Dr. Ambedkar contended, â€Å"proposed centralise the election machinery in hands of a single commission, be assisted by regional commissioners working under the supervision direction control of the election commission and not and under e control of the state government as envisaged earlier.† Composition of the Election Commission: Of the four pillars of the Indian constitution, the Election commission is one, the other three being the Supreme Court, the public service commission and the comptroller and Auditor General of India. On the Election commission depends the integrity of election, which truly is the oxygen of democracy. Thus viewed, its independence d impartiality assume critical importance to the country’s entire political system. To ensure free and fair and impartial elections, the constitution establishes the Election Commission, a body autonomous in character and free from political orenecutive influence. The commission is an All India body having jurisdiction over, elections to parliament, fate Legislatures, offices of the president and vice-president. The Election Commission consists of the Chief Election Commissioner, and  such number of Election Commissioners if any as the president may fix from time to time. The Chief Election Commissioner stands at the apex of the hierarchy of the El ection Commission of India. All these commissioners are appointed by the president subject to the provisions of any law enacted by parliament for the purpose. The Chief Election Commissioner acts as the chairman of the Election Commission .in case any other Election Commissioner besides him is appointed. The tenure of the Chief Election Commissioner is independent of the executive discretion, for he cannot be removed from his of face except in the like manner and on the like grounds as a judge of the Supreme Court. The conditions of service of the Chief Election Commissioner cannot be varied to his disadvantage after his appointment. The president also promulgated an ordinance amending the Chief Election Commissioner and other Election Commissioner Act providing for unanimous transaction of business and decisions but in case of differences of opinion among the three members the matter shall be decided â€Å"according to the opinion of the majority.† The Chief Election Commissioner and other Election Commissioner Act, 1991 as existed before the issue of ordinance was weighed in favour of the chief election commissioner on decision ma king in case of differences among the members of the commission. The constitution provides for a single member or multi ­member Election Commission. Where there is more than one I members the CEC acts as its chairman. The committee on Electoral Reforms has made certain recommendations with regard to the items and conditions of service Of the Chief Election Commissioner and the other Election Commissioners. After having studied those recommendations the chief Election Commissioners of India conditions of service rules 1972 were amended with introspective, effect from 1st January 1986. The Chief Election Commissioner of India will not be entitled to the salary and other facilities, like rent free accommodation, equivalery to that of a judge of Supreme Court. The term of his office has also been extended upto 6 years, from the date he assumes office or till the day he at his the age of 65 years. To assist the Chief Election Commissioner in the performance of his onerous duties there exists a large paraphernalia of the officers and the staff subordinate to him. Among them is the regional commissioner. Deputy Election Commissioner, se cretary, Under secretary, Research officers etc. In the place of the regional commissioners a new post of Deputy Election Commissioner was  created in the Election Commission for the first time in 1956. Since he Deputy Chief Election Commissioner is appointed by the president and is usually sent on deputation, he can be recalled by the central govt, at the request of the chief Election Commissioner at any time. At the state or the union territory level there is the Chief Election officer as the kingpin in the Electoral machinery. He is nominated by the Election Commission in consultation with the state Govt. He is usually a senior executive or judicial officer of the state Government. He is assisted by the joint deputy or assistant Chief Election officers as well as the rest of the staff appointed by him in consultation with the state government. He may be a whole time or part time officer. At the district level the electoral duties are discharged by the District officer or the Executive Officer in addition to his normal administ rative routine. The responsibility for the preparation and revision of electoral rolls is rested in an officer called the Electoral Registration officer. He may have under him Assistant Electoral Registration officers. The election in every constituency is supervised by an officer known as the returning officer nominated by the Election commission in consultation with the govt, of the state. The same officer can be nominated as returning officer r more than one constituencies. He is assisted by one or more assistant Returning Officers so designated by the Election Commission. The staff consisting of presiding and polling officers, for the actual conduct of the poll is appointed by the District Election officer. The District Election Officer may appoint a presiding officer for each polling station and such polling officers are necessary. The presiding officer keeps order of the pooling station and ensures the fair conduct of the poll. Functions and powers of the Election Commission: The Election Commission of India has to perform multifarious duties assigned to it under the constitution. Some of the principal functions of the commission are: (1) Demarcation of constituencies: To facilitate the process of elections a country has to be divided into several constituencies. The task of delimiting constituencies is generally performed by a delimitation commission. But the power to delimit parliamentary and assembly constituencies for the first general elections in  1951 was conferred on the president. The Election Commission distributed the seats district wise in each one of the states and directed the Chief Electoral Officers to prepare proposals for the physical demarcation of constituencies according to the prescribed criteria. The procedure adopted in the delimitation of constituencies in 1951 led to a virtual power in the hands of the ruling party to decide the contours of the constituencies as it suited its designs. The association of parliamentary Advisory committees with the delimitation commission gave top priority to political consideration. The Election Commission strongly pleaded for taking away this power from the parliament. The Delimitation co mmission was to consist of three members, two of whom were to be nominated by the president from serving or retired judges of the Supreme Court or High Courts while the Chief Election Commissioner was to be an ex-officio member. (2) Electoral Rolls: The second important but tedious function of the Election Commission is to prepare for identification the upto date list of all the persons who are entitled for voting at the poll. (3) Recognition of political parties and Allotment of Symbols: A new part IV A has been added to the representation of the people Amendment Act, 1951 on registration of political parties. Section 29 A now inserted provides for registration with the commission, of associations and bodies of individual citizens of India as political parties for purpose of this Act. This provision came into force from June 15, 1989. A recognised political party has been classified either as a National Party or a state party under paragraph 7 of the Elections symbol order 1968. Another important function of the Election Commissioner is to allot symbols to the political parties and the candidates, and also to accord recognition to the political parties. The commission has specified certain symbols as reserved and others as free. The reserved symbols are only available for candidates sponsored by the political parties and the free symbols are equally available to other candidates. The Election Commission has power to adjudicate upon disputes with regard to recognition of political parties and rival claims to a particular symbol for the purposes of elections. (4) Scrutiny of the Nomination Papers: Another function of the Election Commission is to examine the nomination papers of the candidates. These papers are accepted if found in order, but rejected otherwise. This duty is performed by the returning officer who notifies to all the contesting candidates the date, time and place for the formal scrutiny of nomination papers. The Returning officer summarily but judicially examines all the nomination papers and decides the objection raised. He is also to see whether the requisite requirements of security deposit, election symbol, election agent etc. have also been fulfilled. He is empowered to reject the nomination papers either by upholding the objection raised by a rival candidate or on his own motion or any of the following (a) that the candidate either is not qualified or is disqualified to fill the seat under any of the relevant constitutional provisions viz. Articles 84. 102, 173 and 191 (b) that the provision of sections 33 and 34 of the representation of the peopleâ€℠¢s Act 1951 have not been complied with and (c) that the signature of the candidate or the proposer on the nomination or papers is not genuine. (5) The conduct of the poll: Another stupendous task that the Election Commission has to undertake is the conduct of the poll throughout the whole of India. In a parliamentary constituency, the returning officer is to make suitable arrangements for conducting the poll with the prior approval of the Election Commission. The commission can order a Ripoll for the whole constituency under compulsion of circumstances. Articles 324 confers on the Election Commission necessary powers to conduct the elections including the power to countermand the poll in a constituency and ordering a fresh poll there in because of hooliganism and break down of law and order at the line of polling or counting of votes. (6) Election Expenses: Another most controversial function that the election commission has perform is no scrutinize the accounts of election expenses submitted by contestants in elections. In India every contesting candidate is required to maintain and file the accounts of his election expenses. Within a prescribed period after publication of the result of his election within 10 days from the last date of filing the returns the Returning Officer submits to the Election Commission a list of all the candidates and their agents together with their  returns as also his observation in respect of candidates who have failed to lodge returns in the specified time and a accordance with the procedure prescribed by law. The commission scrutinizes the accounts and dudes whether the returns are in proper form and whether they have been lodged in time. In case of default it notifies the candidates or their agents of there disqualification by publishing these in the official Gazette. Role of the Election Commission: Election is the contrivance through which a modern state creates amongst its citizens a sense of involvement and participation in public affairs. It is through popular elections that the authority of a govt, is clouted with legitimacy and peaceful and orderly transfer of authority to new leaders is ensured. For this it was necessary than an independent Election Commission with its vast paraphernalia should be set up in the country. Such a commission would ensure fair and free election of the representatives of the people at all levels. According to L.K. Advani, â€Å"The Election Commission occupies a pivotal place in the scheme of the Indian constitution. During recent years it has willingly or unwillingly abdicated its independent Supra governmental authority and accepted for itself the role of a mere official department charged with the conduct of elections.† The relations between CES and the central and state Governments are not cordial. The confrontation and the ensuing e mbarrassment for the Governments as a result of the ruling given by Chief Election Commissioner J.N. Seshan have only been increasing. With a critical evaluation of the working of the Election Commission of India so far as we can now infer that: Firstly, the working of the Elections Commission of India during the last four decades has shown that the Election Commission worked independently and impartially, as well as efficiently. Secondly, the Election Commission has fulfilled all the constitutional obligations, and has never tried to go beyond or over step the limits of the constitution. It always worked within the frame work of the constitution. Thirdly, when the Election Commission conducted the first General Election in 1951-52 the electorate were just 17 million but the present strength of the electorate is about 50 crores. The commission, has however been able to cope with its ever mounting responsibilities. It has the capacity to meet new challenges and faced the situation boldly. Fourthly, although the faith  of the people in democracy, its institutions and political parties has eroded but their faith in the Election Commission has all the more strengthened or fortified. According to the Election Commission, the very fact that in almost all states the ruling parties have suffer setbacks shows that the elections have been free and fair. It has given the lie to the wide spread belief that the party in power will use official machinery and influence the voters in its favour. Essays on the doctrine of â€Å"Judicial Review† under the Indian constitution The power of Judiciary to review and determine validity of a law or an order may be described as the power of â€Å"Judicial Review.† It means that the constitution is the Supreme law of the land and any law in consistent there with is void. The term refers to â€Å"the power of a court to inquire whether a law executive order or other official action conflicts with the written constitution and if the court concludes that it does, to declare it unconstitutional and void.† Judicial Review has two prime functions: (1) Legitimizing government action; and (2) to protect the constitution against any undue encroachment by the government. The most distinctive feature of the work of United States Supreme Court is its power of judicial review. As guardian of the constitution, the Supreme Court has to review the laws and executive orders to ensure that they do not violate the constitution of the country and the valid laws passed by the congress. The power of judicial review was first acquired by the Supreme Court in Marbury vs. Madison case. 1803. The constitution of India, in this respect, is more a kin to the U.S. Constitution than the British. In Britain, the doctrine of parliamentary supremacy still holds goods. No court of law there can declare a parliamentary enactment invalid. On the contrary every court is constrained to enforce every provision† of the law of parliament. Under the constitution of India parliament is not Supreme. Its powers are limited in the two ways. First, there is the division of powers between the union and the states. Parliament is competent to pass laws only with respect to those subjects which are guaranteed to the citizens against every form of legislative encroachment. Being the guardian Fundamental Rights and the  arbiter of-constitutional conflicts between the union and the states with respect to the division of powers between them, the Supreme Court stands in a unique position where from it is competent to exercise the power of reviewing legislative enactments both of parliament and the state legislatures. This is what makes the court a powerful instrument of judicial review under the constitution. As Dr. M.P. Jain has rightly observed: â€Å"The doctrine of judicial review is thus firmly rooted in India, and has the explicit sanction of the constitution.† In the framework of a constitution which guarantees individual Fundamental Rights, divides power between the union and the states and clearly defines and delimits the powers and functions of every organ of the stat^ including the parliament, judiciary plays a very important role under their powers of judicial review. The power of judicial review of legislation is given to the judiciary both by the political theory and text of the constitution. There are several specific provisions in the Indian constitution, judicial review of legislation such as Act 13, 32, 131-136, 143, 226, 145, 246, 251, 254 and 372. Article 372 (1) establishes the judicial review of the pre-constitutional legislation similarly. Article 13 specifically declares that any law which contravenes any of the provision of the part of Fundamental Rights shall be void. Even our Supreme Court has observed, even without the specific provisions in Article 13. The court would have the power to declare any enactment which transgresses a Fundamental Right as invalid. The Supreme and high courts are constituted the protector and guarantor of Fundamental Rights under Articles 32 and 226. Articles 251 and 254 say that in case of in consistent if between union and state laws, the state law shall be void. The basic function of the courts is to adjudicate disputed between individuals and the state, between the states and the union and while so adjudicating, the courts may be required to interpret the provisions of the constitution and the laws, and the interpretation given by the Supreme Court becomes the law honoured by all courts of the land. There is no appeal against the judgement of the Supreme Court. In Shankari Prasad vs. Union of India (1951) the first Amendment Act of 1951 was challenged before the Supreme Court on the ground that the said Act abridged the right to property and that it could not be done as there was a restriction on the amendment of Fundamental Rights under Article 13 (2). The Supreme Court rejected the contention and unanimously  held. â€Å"The terms of Article 368 are perfectly general and empower parliament to amend the constitution without any exception whatever. In the context of Article 13 law must be taken to mean rules or regulations made in exercise of ordinary legislative power and amendments to the constitution made in exercise of constituent power, with the result that Article 13 (2) does not affect amendments made under Article 368.† In Sajan Singh’s case (1964), the corupetence of parliament to enact 17th amendment was challenged before the constitution. Bench compris ing of five judges on the ground that it violated the Fundamental Rights under Article 31 (A). Supreme court reiterated its earlier stand taken in Shankari sad’s case and held, â€Å"when article 368 confers on parliament the right to amend the constitution the power in question can be exercised over all the provisions of the constitution, it would be unreason about to hold that the word law’ in article 13 (2) takes in amendment Acts passed under article 368. Thus, until 1967 the Supreme Court held that the Amendment Acts were not ordinary laws, and could not be struck down by the application of article 13 (2). The historic case of Golak Nath vs. The state of Punjab (1967) was heard by a special bench of 11 judges as the validity of three constitutional amendments (1st, 4th and 17th) was challenged. The Supreme Court by a majority of 6 to 5 reversed its earlier decision and declared that parliament under article 368 has no power to take away or abridge the Fundamental Rights contained in chapter II of the constitution the court observed. (1) Article 368 only provides a procedure to be followed regarding amendment of the constitution. (2) Article 368 does not contain the actual power to amend the constitution. (3) The power to amend the constitution is derived from Article 245, 246 and 248 and entry 97 of the union list. (4) The expression ‘law’ as defined in Article 13 (3) includes not only the law made by the parliament in exercise of its ordinary legislative power but also an amendment of the constitution made in exercise of its constitution power. (5) The amendment of the constitution being a law within the meaning of Article 13 (3) would be void under Article 13 (2) of it takes away or abridges the rights conferred by part III of the constitution. (6) The First Amendment Act 1951, the fourth Amendment Act 1955 and the seventeenth Amendment Act. 1964 abridge the scope of Fundamental Rights and, therefore, void under Article 13 (2) of the constitution. (7) Parliament will have no power from the days of the  decision to amend any of the provisions of part III of the constitution so as to take away or abridge the Fundamental Rights enshrined there in. The constitutional validity of the 14th, 25th, and 29th Amendments was challenged in the Fundamental Rights case. The Govt. of India claimed that it had the right as a matter of law to change or destroy the entire fabric of the constitution through the instrumentality of parliament’s amending power. In Minerva Mills case (1980) the Supreme Court by A majority decision has trunk down section 4 of the 42nd Amendment Act which gave preponderance to the Directive Principles over Articles 24, 19 and 31 of part III of the constitution, on the ground that part III and part IV of the constitution are equally important and absolute primacy of one over the other is not permissible as that would disturb the harmony of the constitution. The Supreme Court was convinced that anything that destroys the balance between the two part will ipsoTacto destroy an essential element of the basic structure of our constitution. Judicial Review of Legislative Enactment and ordinances: One of the first major case A.K. Gopalan Vs. State of Madras. 1951 that came up before the Supreme Court in which the preventive Intention Act, 1950 was challenged as invalid. The court by a unanimous decision declared section 14 of the Act invalid and thus manifested its competence to declare void any parliamentary enactment repugnant to the provisions of the constitution. In Champakan Dorairajan’s case, the Supreme Court held that the order of the state government fixing proportionate scales, for different communities for admission to medical colleges was unconstitutional. The presidential order de-recognising privy purses was also challenged in the Supreme Court which declared the order as unconstitutional and void. Between 1950-1980 parliament passed as many as 1977 Acts and out of them, the Supreme Court invalidate laws passed on 22 occasions. Principles of Judicial Review: Justice VS Deshpande in his book propounded a thesis that Judicial Review of legislation in India should rest merely on Article 245 (1) and not on Article 13. According to him, Article 245 (1) interpreted broadly would ensure the supremacy of the constitution over all kinds of laws. Thus, a law to be valid must conform with the constitutional forms. The grave  responsibility of deciding upon the validity of laws, is laid up on the judges of the Supreme Court. If a statue isn’t within the scope of legislative authority or it offends some constitutional restriction or prohibition, that statue is unconstitutional and hence invalid. The Statue is not held unconstitutional by the court in a light vein. Both the ‘felt necessities of the time’ and ‘constitutional fundamentals’ are balanced by the court. Accordingly, the Supreme Court has evolved certain canons, making and norms. H.M. Leervai has enumerated following rules in this regard. (1) There is a presumption in favour of constitutionality, and a law will not be declared unconstitutional unless the case is so clear as to be free from doubt; and the on us to prove that it is unconstitutional lies upon the person who challenges it. (2) Where the validity of a statue is questioned and there are two interpretations, one of which would make the law valid, and the other void, the former must be preferred and the validity of the law upheld. (3) The court will not decide constitutional questions of a case is capable of being decided on other grounds. (4) The court will not decide a larger constitutional question than is required by the case before it. (5) The court will not hear an objection as to the constitutionality of a law by a person whose rights are not affected by it. (6) Ordinarily, courts should not pronounce on the validity of an Act or part of an Act, which has not been brought into force, because till then the question of validity would be merely academic. Indian judiciary has been able to overcome the restrictions that were put on it by the 42nd amendment, with the help of the 43rd and 44th amendments. Now the redeeming quality of Indian judiciary is that no future governments could did its wings or dilute its right of Judicial Review. In fact, now the ‘Judicial Review’ is considered to be the basic feature of out constitution.

Wednesday, October 23, 2019

Angelo, Escalus and the Duke present three kinds of ruler. How does Act I establish similarities and differences between them?

Act I sees the introduction of three important characters of the play, each taking up a different approach to authority. The Duke, Angelo and Escalus all use their power in a very different way, resulting in different consequences and effectiveness. The first position of authority we see in action is that of the Duke's. The opening scene alerts the audience to the fact that the Duke plans on leaving the city, for a reason which we are not made aware of, and that he plans on leaving Angelo in charge. As of yet, we do not know what sort of decision this is, because we do not have the substantial insight into the character of Angelo to be able to make a judgement. However, the Duke does comment on the fact that his first choice for ruler in his place was Escalus, â€Å"Old Escalus,/ Though first in question, is thy secondary.† This does give the audience more an insight into the Duke's decision. It may suggest that he is weary of his choices because he didn't just go with his first instinct, he thought about it and chose a less obvious candidate. This suggests that he may have deeper meaningful reasons as to why he has not elected his most obvious replacement, causing the audience to see him perhaps as a wise character, mayb e even cunning, both characteristics that would make a good ruler. However, one may question why it is that he has to leave in the first place. Although he claims that it is to do with a meeting with the King of Hungary, this is likely not to be the case (as retrospective audiences will know). The audience may be made to think that the city of Vienna has got into such a slack state in terms of laws and punishment, that it needs a solution. This would mean that the Duke's actions could be seen as cowardly. His plan involves him running away and leaving someone else, probably less capable of the job than he is, in charge with all of the power. One could see this decision as very careless and unwise, no matter what his ulterior motives may be. We see that Angelo, too, thinks that this may not be the best decision, â€Å"Let there be some more test made of my metal,/ Before so noble and so great a figure/ Be stamp'd upon it.† This shows that Angelo thinks he may not be able to do the job as well as the Duke thinks he can. We might expect him to be ecstatic that the Duke has elected him to be his replacement, but instead he questions his own ability. This allows us to doubt the Duke's decision and wonder how good a ruler he really is. He decides to take a much more passive role in â€Å"ruling†, causing us to wonder if he is fit for ruling at all. This could be seen as an act of fear, suggesting he may be too afraid to start being a strict ruler and using his authority. As a Duke, it is likely that he will be in the public view a lot of the time, causing his every action to be scrutinized. His decision to run away and put somebody else in his place could be a result of cracking under the pressure of society constantly judging all his choices. Of course Act 1 scene iii shows us what is really behind the Duke's plan. Here he openly admits to being too kind a Duke, â€Å"We have strict statutes and most biting laws†¦Which for this fourteen years we have let slip.† This confirms our suspicions that the Duke has not been the best, most consistent ruler. Vienna has gone into a state of slackness, where some vital laws no longer apply. He suggests to the Friar that Angelo is the more appropriate man to awaken all these laws than himself. This, again, could be because the Duke is scared of looking like an evil person and being judged. However, the Duke does seem to put good reason behind his thinking. He says that because it was him that let the laws become so slack in the first place, it would seem hypocritical of him to suddenly enforce these laws after letting them be for so long. One may be able to empathise with this idea, agreeing that maybe to ensure new laws are kept and taken seriously, then a new ruler must come into play. Of course, the Duke thinks of the perfect way to introduce a new ruler and yet still hold his authority over the city, pretending that he is leaving temporarily and is in need of someone to take his place. Here is where we gain our insight into Angelo as a ruler. In Act 1 scene ii, we learn that Claudio has been sentenced to death for sleeping with Juliet. This is at the hand of the new and temporary ruler, Angelo. The audience is immediately thrust into the position that Angelo has been put in and is made to quickly judge what kind of decisions he is making. One may argue that his strict imposition of the laws is a good decision as a new ruler as he has not yet established himself or what kind of Duke he will be. This complies with the contemporary ruler at the time, King James I of England, who wrote in his book Basilikon Doron, â€Å"And when ye have by the severitie of justice once settled your countries, and made them knowe that ye can strike, then may ye thereafter all the days of your life mixe justice with mercie, punishing or sparing, as ye shall finde the crime to have been wilfullie or rashlie committed, and according to the by-past behaviour of the committer.† This quote from James I suggests that a ruler should first establish himself as a good and fair ruler who wishes to strive for justice by punishing those who go against it. Once his people know that he is serious about the laws of his country, then a good ruler can use judgement to punish where appropriate. This supports the actions of Angelo, who is put in the difficult position of trying to establish himself in a city that is already corrupt because of his predecessor. The audience may sympathise with him due to the situation that the Duke has left him in. However, we could argue that this strictness will inevitably put an innocent man to death. It may be suggested that the best choice for Angelo would be to use better judgement when considering which laws to enforce again and which to just let lie. This could be seen as Angelo being inexperienced and naà ¯Ã‚ ¿Ã‚ ½ve, something which again may bring us to pity him being submerged into this position of authority. One could even interpret Angelo as being a nasty, cruel man who wishes to abuse his power that he has been given, especially as it is only temporary. However, the reluctance with which he took up the position suggests that this is not the case and the more likely case is that he fears being rejected, possibly even mocked, by his people and as a result he wishes to take a leaf out of James I's book and imposes order among Vienna. A much more compromised ruler would be that of Escalus. Although Act 1 sees very little of his ruling skills, we do hear the reputation he holds and the respect that the Duke seems to have for him. As said before, the Duke states that Escalus would have been the obvious first choice for his temporary replacement, and yet he changes his mind. This may suggest that the role of the Duke may lead to some form of lesson that may need to be learnt by the Duke's choice. He may think that Escalus would not gain anything from the role as he is already too wise and knowledgeable about mankind, â€Å"Your own science/ Excceds, in that, the lists of all advice/ My strength can give you†. This shows the respect that the Duke has for Escalus and how aware he is of Escalus' already existing abilities. This may explain why he feels that Escalus would not benefit from leading Vienna whilst the Duke is away. However, you could argue that this may not be the best angle to choose a ruler from. It seems that the Duke may be choosing a ruler from the point of view of who it would benefit most but what he should perhaps be doing instead is thinking about who will benefit the city most and who will be the most effective ruler. It seems that Escalus would possibly have been a wiser choice. In spite of this, the fact is that Escalus will be there to guide Angelo no matter what decision he makes. This means that he is there should Angelo feel the need for any assistance and it also means the Escalus will indeed have some power and authority over the rest of the city. This allows the audience to see what kind of ruler he is anyway, even though he is not the highest authority around. This produces a direct comparison between the three as rulers and means that the audience is able to compare them in turn as they each show their signs of rulership. In conclusion, it appears that each character that is presented as a ruler takes up a different corner in terms of how they each approach their position of authority. While the Duke has recognised that he has been too leniant in recent years, it could easily be suggested that his actions are cowardly and even unwise. Angelo, on the other hand, sees the opportunity to enforce laws that have not been in place. This seems to be the aim of the Duke's plan, yet one may question to what extent the Duke wished Angelo to force these laws on the people. This makes us assume that Angelo has taken almost the complete opposite approach to the Duke. Escalus, however, seems to provide a contrast between both the Duke and Angelo. Whilst he does not seem like the type to let people get away with anything, he also does not seem like the type to put innocent, decent men to death. It seems to me that Escalus is the character who follows James I's advice the best, using his judgement and circumstances t o provide honest justice.

Tuesday, October 22, 2019

Sidney Lumet and His Concerns

Sidney Lumet and His Concerns Each person who creates a piece of art has certain concerns that are usually presented with the help of interesting and thought-provoking themes, strong charismatic characters, and an appealing and attention-grabbing story. In this respect, it is necessary to analyze the movies created by an outstanding director Sydney Lumet who managed to provoke thoughts in his audience teaching them abut the life values and essential principles that should be followed.Advertising We will write a custom essay sample on Sidney Lumet and His Concerns specifically for you for only $16.05 $11/page Learn More A Stranger Among Us (1992) A Stranger Among Us (1992) starring Melanie Griffith who played a role of Emily, a detective undercover, is the first movie that should be assessed in terms of theme, characters, and story. Emily lives in the family of rebbe and investigates a case of robbery committed by a step-daughter of rebbe who knew nothing about her past life. This story i s full of spirituality and seriousness because the main character is depicted as an independent and emancipated woman who thinks that her life is her own business and she is the only person who can decide for her. This idea is suggested as a contrast to the fact that an arranged marriage will take place between the rebbe’s son and a girl he never saw before. In this respect, we can clearly see the relationships between American culture where women can do whatever they want and a highly spiritual Hasidic culture in accordance to which people can get married without knowing each other well enough. So, the investigation intertwines closely to the spiritual development of Emily as the main character and gaining of understanding about other people and motives behind their actions. One of the most powerful scenes is the one that took place in the store where Ariel (the rebbe’s son) cuts diamonds; two gangsters came to the place and demanded a sum of money given to them month ly for their services of protecting the store from all problems and concerns. This scene ended ambiguously as Emily saw the actions of gangsters but did nothing to prevent them from doing so; it is clear that she worked undercover though she could inform her colleagues about that gang. Moreover, neither Ariel nor his sister made efforts to prevent those criminals from extorting money from them.Advertising Looking for essay on art and design? Let's see if we can help you! Get your first paper with 15% OFF Learn More The story told in the movie A Stranger Among Us (1992) is similar to all stories used by Sydney Lumet where the director manages to introduce characters who by all means choose the side of observing the laws or the side of illegal actions. In this respect, the character of Melanie Griffith represents the positions believed by Lumet as she chooses the side of legal actions and protects the right of others to be in safe. Though some characters really choose the side of good guys, other are definitely bad and the director does not show changes in characters in terms of their life way. However, he manages to show that the main character develops spiritually and recognizes her behavior as inappropriate for the Hasidic community. Family Business (1989) The second movie that should be discussed I terms of themes, characters, and story is the Family Business (1989) starring such celebrated actors as Sean Connery, Dustin Hoffman, and Matthew Broderick. Thus, we can see Sean Connery as the grandfather, Dustin Hoffman as his son while Matthew Broderick plays the role of son of Dustin Hoffman’s character. Relationships between the members of one family that were ruined due to the desire of one of them to change his destiny and live a good life without criminal matters can be considered the major theme of the movie. As the crimes were associated by Dustin Hoffman’s character with his father played by Sean Connery, he decided to protect his own son from the influence of criminal principles advocated by his own father. In this respect, the director managed to show the true family relations in the background of criminal activity exercised by all three men. This story shows that men cannot change though every person should remember about his/her relatives and strive to keep in contact with them regardless of the conflicts and misunderstandings that could have happened in the past. All three main characters are shown as similar in one way and absolutely different in another. Thus, the grandfather has a ‘career of criminal’ as he likes what he does and is not going to give it up. At the same time, his son is sure about the rightness of his decision to keep his own son farther from his grandfather whereas the mystery is revealed and the boy demonstrate interest and enthusiasm about performing some robbery together with his grandfather. It is clear that the relations between these people become be tter only when all three are operating together. This story also shows that the power of habits can make a person commit crimes again and again.Advertising We will write a custom essay sample on Sidney Lumet and His Concerns specifically for you for only $16.05 $11/page Learn More Sydney Lumet does not introduce anything new but approach for showing of basic principles of life. Talent of actors and the director enable them to create something outstanding whereas the story for this movie can be traced in a great number of families all over the world. Generation gap and attempts to do quite the opposite what a father has done can separate people for the whole life. In this respect, the audience likes movies directed by Lumet because of the ideas and principles advocated by the director who manages to convey his message with the help of the story and characters. The Family Business (1989) directed by Sydney Lumet can be considered one of the feature films that provoke thoughts about relations with other members of the family and importance of keeping connections. The themes and characters used by Sydney Lumet contribute greatly to the stories chosen for a screen version. The director feels the audience and chooses the themes that can evoke certain emotions in people and make them rethink their life positions and beliefs. The positions believed by Lumet find their reflection in the characters of his movies; this can be found in every movie because he manages to make every character distinctive and unique. Though he can repeat what he said earlier, all words pronounced by characters are filled with specific meaning which is wise and thought-out. These two movies A Stranger Among Us (1992) starring Melanie Griffith and Family Business (1989) starring Sean Connery, Dustin Hoffman, and Matthew Broderick can be compared to The Hill (1965) starring Sean Connery where the story reveals the actions that took place in a detention camp. The similar thing in these stories is that they have strong characters who know what they want from life and are sure what side to support.

Monday, October 21, 2019

Definition and Examples of Correctness in Language

Definition and Examples of Correctness in Language In prescriptive grammar, correctness is the notion that certain words, word forms, and syntactic structures meet the standards and conventions (that is, the rules) prescribed by traditional grammarians. Contrast correctness with grammatical error. According to  David Rosenwasser and Jill Stephen, Achieving grammatical correctness is a matter of both knowledgehow to recognize and avoid errorsand timing: when to narrow your focus to proofreading (Writing Analytically, 2012). Examples and Observations It is in vain to set up a language police to stem living developments. (I have always suspected that correctness is the last refuge of those who have nothing to say.)(Friederich Waismann, Analytic-Synthetic V. Analysis, 1952)Concern with correctness, whether mechanical, logical, or rhetorical, is in no way illegitimate or suspect. Virtually all educators evaluate student writing for correctness of spelling, grammar, or logic. What generates the distinctive pedagogies of clear and correct writing is not a concern with correctness that no one else shares, but the rather less widespread notion that rules are somehow context-neutral, that they can be taught by themselves and then applied elsewhere.(Dennis McGrath and Martin B. Spear, The Academic Crisis of the Community College. SUNY Press, 1991)School Grammar and CorrectnessIn nearly every instance, school grammar is traditional grammar. It is concerned primarily with correctness and with the categorical names for the words that make up sentences. Thus, students study grammatical terms and certain rules that are supposed to be associated with correctness. Grammar instruction is justified on the assumption that students who speak or write expressions such as He dont do nothin will modify their language to produce He doesnt do anything if only they learn a bit more grammar. . . .Although most teachers in our public schools continue to prescribe language, linguists dropped prescription long ago, replacing it with the concept of appropriateness conditions. This expression signifies that language use is situation specific and that there is no absolute standard of correctness that applies to all situations. People modify their language on the basis of circumstances and dominant conventions . . ..(James D. Williams, The Teachers Grammar Book. Lawrence Erlbaum, 1999) Three Kinds of Rules Most of our attitudes about correctness have been encouraged by generations of grammarians who, in their zeal to codify good English, have confused three kinds of rules:A few date from the twentieth century:But since grammarians have been accusing the best writers of violating such rules for the last 250 years, we have to conclude that for 250 years the best writers have been ignoring both the rules and the grammarians. Which is lucky for grammarians, because if writers did obey all their rules, grammarians would have to keep inventing new ones, or find another line of work.(Joseph M. Williams, Style: The Basics of Clarity and Grace. Longman, 2003) Some rules define what makes English Englisharticles precede nouns: the book, not book the. These are the real rules we violate only when we are tired or rushed. . . .A few rules distinguish Standard English from nonstandard: He doesnt have any money versus He dont have no money. The only writers who consciously follow these rules are those striving to join the educated class. Schooled writers observe these rules as naturally as they observe the real rules and think about them only when they notice others violating them.Finally, some grammarians have invented rules they think we all should observe. Most date from the last half of the eighteenth century: Dont split infinitives, as in to quietly leave.Dont use than after different, as in This is different than that. Use from.Dont use hopefully for I hope, as in Hopefully, it wont rain.Dont use which for that, as in a car which I sold. Freshman Composition and Correctness Composition courses provided a means to teach larger numbers of students at once, assessing their success by measuring their adherence to prescribed standards. . . . [M]any schools [in the late 19th century] began instituting Freshman Composition classes that focused more on correctness than invention. For example, Harvards course English A, initiated in the 1870s, focused less on traditional aspects of rhetoric and more on correctness and formulaic responses. The concept of discipline had changed from moral and religious discipline, codes of conduct and virtue, to mental discipline, means of working with repetitive drills and exercises.(Suzanne Bordelon, Elizabethada A. Wright, and S. Michael Halloran, From Rhetoric to Rhetorics: An Interim Report on the History of American Writing Instruction to 1900. A Short History of Writing Instruction: From Ancient Greece to Contemporary America, 3rd ed., edited by James J. Murphy. Routledge, 2012)

Saturday, October 19, 2019

All About Maps Essay Example for Free

All About Maps Essay Maps are the world reduced to points, lines, and areas, using a variety of visual resources: size, shape, value, texture or pattern, colour, orientation, and shape. A thin line may mean something different from a thick one, and similarly, red lines from blue ones. A photograph shows all objects in its view; a map is an abstraction of reality. The cartographer selects only the information that is essential to fulfil the purpose of the map, and that is suitable for its scale. Maps use symbols such as points, lines, area patterns and colours to convey information. A map gives a miniature â€Å"picture† of a very large space. A map is a guide to a space you have not encountered before. Maps have distance, mountains, rivers, and shapes of places or destinations. With a map, one does not have to depend on local directions. For a small price, it is a direction finder and a dependable way to take a journey. An atlas is a collection of maps in book form. Atlases are made for different regions and areas, and are prepared for desk use or travel use. A travel atlas is usually packaged for easy use during a trip, often with spiral bindings so it can be folded flat, and with maps at a large zoom so that they can be easily consulted on the go. A desk atlas features sizes and bindings that are typical for reference books: usually a paperback or hardcover format. These are imaginary lines that circle the world in an east-west direction. They tell you how far north or south a place is from the Equator. They are drawn parallel to the Equator. There are five main lines of latitude. They are the Equator, the Tropic of Cancer, the Tropic of Capricorn, the Arctic Circle and the Antarctic Circle. Longitude is the angular distance, measured in degrees, east and west of the Prime Meridian, which is at 0o. These are imaginary lines that run across the Earth’s surface in a north-south direction, from the North Pole to the South Pole. Since a map is a reduced representation of the real world, map symbols are used to represent real objects. Without symbols, we wouldn’t have maps. Both shapes and colours can be used for symbols on maps. A small circle may mean a point of interest, with a brown circle meaning recreation, red circle meaning services, and green circle meaning rest stop. Colours may cover larger areas of a map, such as green representing forested land and blue representing waterways. To ensure that a person can correctly read a map, a Map Le All About Maps. (2016, Dec 16).

Friday, October 18, 2019

The Competitiveness of the US Economy Essay Example | Topics and Well Written Essays - 500 words

The Competitiveness of the US Economy - Essay Example For the past 15 years, the nation has maintained its position as the most competitive economy in the world amidst the challenges in the rapidly evolving global environment. During 2007, the IMD World Competitiveness Yearbook together with the World Economic Forum cited that US is "arguably the country with the most productive and innovative potential in the world" (Reuters 2007). Amidst this regard for US competitiveness, this paper argues that the economy should watch out and safeguard this status in the face of recession it is undergoing. A country's competitiveness is indicated not just by economic strength but through the creation of a market environment which promotes healthy and unbiased competition among industry players. In order to be competitive, leaders should pursue policies which treat players equally. In an extreme case, competitiveness is indicated by a market where there is no government intervention (McConnell & Brue 2002). However, in the world today this system is not feasible and thus, competition is promoted through little or balanced intervention from the state. This paper believes that US economy is by far the most competitive economy in world noting the government's quest in promoting efficiency and fair play.

Heroes and Intellectuals Essay Example | Topics and Well Written Essays - 1000 words

Heroes and Intellectuals - Essay Example That is a question that haunts us all at some point in our lives. â€Å"Weve all got both light and dark inside us. What matters is the part we choose to act on. Thats who we really are.† (Rowling, n.d.) Those who choose the light are expected to fight for it at all times. However, is being a hero an obligation? It is really a choice. In essence, evil, obligation and heroism are separable in various circumstances and this explains the belief that no one has the obligation to fight evil whereas he/she puts the lives of the loved one in danger. This essay seeks to dissect various aspects relative to evil, obligation and intellectuality. The word evil is associated with all sorts of bad things which may endanger the lives of people in a society. The question as to whether some people who have the ability to fight evil can do so even if the lives of their loved ones is in danger is debatable. Whereas I agree that, those with ability in political, religious or economic arenas to fight evil for the sake of the numerous lives of the other members of the society other philosophers such as Rousseau (1999), argues that there should be values attributed to any kind of heroism. Rousseau (1999) asserts that heroism requires recognition of values and a cognitive decision to undertake the top most risk in the fight for the attainment or defense of such values. This explains that despite that fact that heroism can be attributed to an element of choice, the fundamentals includes cognizance of the values and the greatness of the danger. This belief can be counter argued that heroism can be justified not only by choice by necessity . For instance, if only one option to save a life exists then this is attributed to personal sacrifice. In cases where personal sacrifice is foremost and the only way, then there is no aspect of choice in this situation. This explanation disqualifies the belief that heroism is by choice, because there is a possibility of making a choice not to save

ESSAYS PAPER Essay Example | Topics and Well Written Essays - 750 words

ESSAYS PAPER - Essay Example The younger generation would be facing much complex time than ours. The more they work hard and study better, the more helpful it would be for them in the future. Exceptional qualification is the basis of better job and secure career. But for these professional qualifications, higher sum of money is also required. That is why many students move towards the universities as they provide good education with scholarships and financial aids as well. This matter of obtaining quality education gives serious troubles to most of the people. At times, students themselves are not willing to study irrespective of realizing the ultimate importance of education. In addition to that, when they find limited available resources and non-cooperative families, they go in wrong directions. These acts harm their career resulting them in doing odd jobs. I don’t want myself or my siblings to go astray therefore I want to try my best in injecting myself and my siblings in good colleges and universities. Good education not only shapes better and secure career but learning also changes the behaviour of individuals. Therefore, interruptions and hurdles coming along the way of acquiring education must not be considered as blockages and should be overcome as soon as possible in order to avoid wasting precious time of students and money of their parents. Students should also cooperate with their parents by presenting good scores and high grades to them. Universities like Texas A&M University provide huge opportunities even to those students who cannot financially aid their studies therefore struggle on the part from students and younger generation is required to make the most of those opportunities. My family has been going through severe financial crisis as my father is unemployed for past 5 years. Our only source of income is rent income that comes from our one apartment that has been provided to tenants for rent. Daily household expenses are covered through

Thursday, October 17, 2019

English Language Essay Example | Topics and Well Written Essays - 750 words

English Language - Essay Example English acts as a binding force and has been doing so for quite some time, apart from the United States, in countries like India and Australia too. India is a land of diverse cultures and myriad languages and in spite of the fact, has remained remarkably united. Some of its credit goes to the English language which was unanimously elected as the official language of the country. As for Australia, it is like America one huge melting pot of culturally and linguistically diverse people. English is the only unifying factor among the different immigrants of Australia. The Australian government has recently made it very clear that the acquisition of English is mandatory to people applying for its citizenship. Krauthammer C clearly points out in his article that "One of the major reasons for America's great success as the world's first "universal nation," for its astonishing and unmatched capacity for assimilating immigrants, has been that an automatic part of acculturation was the acquisition of English." Even though we may dismiss the intrinsic-power hypothesis that English possesses certain linguistic characteristics, which would make it the most preferred language on Earth as a racial claim, it nevertheless has to be considered. The simplicity of inflections in English and the flexibility of functions, which has grown over the last five centuries as a result of the loss of inflections, have greatly contributed to its dominance and popularity. One other inherent nature of English is the openness of its vocabulary which implies the free admission of words from other languages and the ready creation of compounds and derivatives. America therefore, is endowed with a unifying language which is indeed a blessing, as Krauthammer C points out But it has also blessed us, because of the accident of our origins, with a linguistic unity that brings a critically needed cohesion to a nation as diverse, multiracial and multiethnic as America." Though English spread all over the world because of exploitation and colonization, more than a billion people around the world today speak English. It is well on its way to becoming the world's language. Its cohesive powers to unite people from different countries, cultures and languages cannot be disputed. If America intends to successfully assimilate its diverse immigrants it cannot but expect the English language to give it a helping hand. Krauthammer C could not put it in a stronger way "English is the U.S.'s national and common language. But that may change over time unless we change our assimilation norms. Making English the official language is the first step toward establishing those norms."English has borrowed words and phrases from almost three-fourths of the world's languages and has both the genius and flexibility to make them its own. Every known language therefore, has something in common with English. What other world language has the same bonding and binding powers and also the right to be elected the "official" language of the US1 Euphemisms are words used to underplay the ugly. They are one of the ways through which we get a secret glance into a particular society's hypocrisy. If we observe them carefully in relation to the circumstances that give birth to them, it will be

Motivation in Pixar Animation Studios Essay Example | Topics and Well Written Essays - 1000 words

Motivation in Pixar Animation Studios - Essay Example It was to provide professional film making services majorly on animation and cartoons. This was after realizing that skills in information technology as related to animation were the major requirement. The first step was to gather resources and execute the plans. Consequently, the basic resources were in place and it was time to face the reality of it (Downs 2002). Management of the organization was a significant hitch as there was a need to hire professionals for various positions. The management team had to apply professional skills in ensuring efficient operation of the organization. As the organization grew bigger, there was a need for more staffing with the help of the HRM. This was carried out as per the needs at each point so as to balance out all activities carried out. An evaluation of the employee performance had to be done periodically so as to monitor the functionality of every position. As a result, changes on the positions and number of employees required in every duty had to take place accordingly. The HRM was charged with the responsibility of ensuring efficient staffing. Through this way, the organization has made tremendous steps towards attaining an excellent status. All these have been attributed to by the motivational factors, courtesy of the HRM and other stakeholders in influential positions within Pixar The objectives and activities of the company Pixar Pixar animation studios have an identity as an award winning animation studio embracing abilities in technical and creative productions. An assurance of these is by the creation of new features in animations in the new generation merchandise. Currently the organization has developed into a pioneer producer of technology applied in computer graphics and animations among other software developments (Wallace 2004). The studio aims at combining skills in proprietary technology with talents regarded to be of a world class in developing computer animated outputs with the support of memory. The industry made a brave turn into the film business from its initial venture and made more emphasis on the resources. Sustaining the innovation and creative behavior within the business called for brave actions to enable more output as compared to before. Proper coordination of the finances and the employees was one of the factors that led to the success of the organization. This depicts how important employee motivation is crucial to the survival of a business. Case motivation HRM practices Strategic management in the company was the yardstick to its success. This involved the use of strategic management skills applied by the management in handling all its operations. The major reason for establishing a strategic plan in management is to attain competitive advantage. These strategic management theories change from time to time regarding the customer needs. The fact that Pixar had roots from technology and art, played a role in the setting of the strategic management. Edwin Catmull to ok advantage of his passion for animation and made a team of individuals with similar interests such as George Lucas to work out on computer animations. This did not work out for them despite Luca's unwilling nature to venture in other areas other than animations as effected by computers. Steve jobs then surfaced to buy Edwin's unit before

Wednesday, October 16, 2019

ESSAYS PAPER Essay Example | Topics and Well Written Essays - 750 words

ESSAYS PAPER - Essay Example The younger generation would be facing much complex time than ours. The more they work hard and study better, the more helpful it would be for them in the future. Exceptional qualification is the basis of better job and secure career. But for these professional qualifications, higher sum of money is also required. That is why many students move towards the universities as they provide good education with scholarships and financial aids as well. This matter of obtaining quality education gives serious troubles to most of the people. At times, students themselves are not willing to study irrespective of realizing the ultimate importance of education. In addition to that, when they find limited available resources and non-cooperative families, they go in wrong directions. These acts harm their career resulting them in doing odd jobs. I don’t want myself or my siblings to go astray therefore I want to try my best in injecting myself and my siblings in good colleges and universities. Good education not only shapes better and secure career but learning also changes the behaviour of individuals. Therefore, interruptions and hurdles coming along the way of acquiring education must not be considered as blockages and should be overcome as soon as possible in order to avoid wasting precious time of students and money of their parents. Students should also cooperate with their parents by presenting good scores and high grades to them. Universities like Texas A&M University provide huge opportunities even to those students who cannot financially aid their studies therefore struggle on the part from students and younger generation is required to make the most of those opportunities. My family has been going through severe financial crisis as my father is unemployed for past 5 years. Our only source of income is rent income that comes from our one apartment that has been provided to tenants for rent. Daily household expenses are covered through

Motivation in Pixar Animation Studios Essay Example | Topics and Well Written Essays - 1000 words

Motivation in Pixar Animation Studios - Essay Example It was to provide professional film making services majorly on animation and cartoons. This was after realizing that skills in information technology as related to animation were the major requirement. The first step was to gather resources and execute the plans. Consequently, the basic resources were in place and it was time to face the reality of it (Downs 2002). Management of the organization was a significant hitch as there was a need to hire professionals for various positions. The management team had to apply professional skills in ensuring efficient operation of the organization. As the organization grew bigger, there was a need for more staffing with the help of the HRM. This was carried out as per the needs at each point so as to balance out all activities carried out. An evaluation of the employee performance had to be done periodically so as to monitor the functionality of every position. As a result, changes on the positions and number of employees required in every duty had to take place accordingly. The HRM was charged with the responsibility of ensuring efficient staffing. Through this way, the organization has made tremendous steps towards attaining an excellent status. All these have been attributed to by the motivational factors, courtesy of the HRM and other stakeholders in influential positions within Pixar The objectives and activities of the company Pixar Pixar animation studios have an identity as an award winning animation studio embracing abilities in technical and creative productions. An assurance of these is by the creation of new features in animations in the new generation merchandise. Currently the organization has developed into a pioneer producer of technology applied in computer graphics and animations among other software developments (Wallace 2004). The studio aims at combining skills in proprietary technology with talents regarded to be of a world class in developing computer animated outputs with the support of memory. The industry made a brave turn into the film business from its initial venture and made more emphasis on the resources. Sustaining the innovation and creative behavior within the business called for brave actions to enable more output as compared to before. Proper coordination of the finances and the employees was one of the factors that led to the success of the organization. This depicts how important employee motivation is crucial to the survival of a business. Case motivation HRM practices Strategic management in the company was the yardstick to its success. This involved the use of strategic management skills applied by the management in handling all its operations. The major reason for establishing a strategic plan in management is to attain competitive advantage. These strategic management theories change from time to time regarding the customer needs. The fact that Pixar had roots from technology and art, played a role in the setting of the strategic management. Edwin Catmull to ok advantage of his passion for animation and made a team of individuals with similar interests such as George Lucas to work out on computer animations. This did not work out for them despite Luca's unwilling nature to venture in other areas other than animations as effected by computers. Steve jobs then surfaced to buy Edwin's unit before