Constitutional and administrative law Free Essays

string(208) " the category of procedural impropriety which deals with an allegation that the public body has not used the processes and procedures required in order to make the decisions that it has made \(Oliver 1987\)\." Abstract New legislation relating to the licensing of tyre disposal centres has resulted in several situations where the decisions of the public authority are in question. As a result judicial review is being considered as to whether the actions of the public authority could be deemed to be illegal, irrational or procedurally inaccurate. The Tyre Waste Act enacted by Parliament in 2012 has given powers to the Secretary of State to undertake certain administrative tasks such as the licensing of tyre storage and their destruction. We will write a custom essay sample on Constitutional and administrative law or any similar topic only for you Order Now A statement was also made that any decisions on the part of the Secretary of State cannot be challenged in a court of law, and the Secretary of State is given wide discretionary power under the statutory provisions. With this in mind and following certain concerns by three different companies, as well as a pressure group, the question has arisen as to whether or not the powers exercised by the Secretary of State in these scenarios could be subject to judicial review. Introduction The paper here will look, firstly, at the legal principles associated with judicial review, including identifying who may bring an action to judicial review and the grounds for such action, before applying this to the set of facts presented in relation to the individual entities in this case study. Judicial Review – Rules Judicial review provides a procedure whereby an individual or relevant group of individuals can bring an action in court to argue that a public body acted in an unlawful manner (IRC, 1982). Broadly speaking, judicial review will fall into one of three categories: where a public body has acted illegally, i.e. failing to apply the law in the relevant manner; has acted irrationally by making a logical decision; or has undertaken some form of procedural impropriety which means that it has not followed the correct procedure. Where an action for judicial review is successful, the court may then quash the act undertaken by the public body or may require it to review the situation or may refrain the body from acting in the manner that it has been acting, previously. A typical example of this would be a declaration by the High Court that the public body had acted in an unlawful manner and would therefore require it to act differently, in the future (Fulham Corporation 1921). Firstly, it is noted that judicial review is available against a decision made by a public body and, in this case, the Secretary of State for the Environment is a public body making public decisions and would therefore be potentially subject to judicial review, regardless of the statement that it cannot be held accountable in court (Hampshire Farmers Market Ltd., 2004). The individual bringing the action must also have sufficient standing in order to make the application (as defined by Section 31(3) of the Senior Courts Act 1981). In accordance with this section, it is stated that the permission shall not be given to bring an action, unless it is considered that the applicant has sufficient interest in the matter to bring the action (Gough, 1993). Having been allowed to bring an action to judicial review, the next stage is to identify the grounds for challenge of the public authority’s behaviour. Each of the three grounds will be looked at in turn, as each is potentially relevant, in this case. The classification of the grounds that will be discussed here was first established in the Minister for the Civil Service case decided in 1985. Under the heading of illegality, there are several grounds for challenge, with one of the most common aspects of this being where there are allegations that the legislation has been misinterpreted (Anisminic 1969).Crucially, a decision can be deemed to be illegal for the purposes of judicial review, if the decision making body has ignored relevant considerations, or is taking irrelevant considerations into account when making decisions. This is particularly relevant when it comes to a situation whereby the public authority has a relatively high level of discretion in applying the rules and regulations by which it is guided. It is however noted that where the public authority is taking into account legally relevant factors and the decision they make is ultimately rationale this cannot then be queried simply because one of the parties does not agree (ex parte Westminster City Council 1986). L Diplcok also placed a large emphasis on the second ground for challenging the actions of the public body which is on the basis of irrationality. He stated that the decision would be deemed to be irrational if it could be seen as â€Å"so, outrageous in its defiance of logic or accepted moral standards, that no sensible person, whether applied his mind to the question that have arrived at it.† (Associated Provincial 1948)This ground for judicial review is somewhat different than the other two in that it looks at the substance of the decision, but will only allow for judicial review where the decision is outrageous and again, not simply because one of the parties disagree (Barnett 2010). Secondly, also under the umbrella issue of irrationality is that of proportionality meaning that the public body needs to make proportional decisions in order to achieve the underlying aim of the powers given to the public authority. For example it may be seen as disproportionate to prevent a particular protest march from taking place where it would have been possible to protect public safety by simply choosing an alternative route. Proportionality is seen as being particularly relevant when it comes to the European convention on human rights is also an issue that is dealt with when looking at decisions relating to the application of the European convention on human rights under UK law. Fundamentally therefore, where the public body has acted in a way that is disproportionate this could be used as an example of irrationality and therefore offer an opportunity for judicial review (Daly, 2001). Finally there is the category of procedural impropriety which deals with an allegation that the public body has not used the processes and procedures required in order to make the decisions that it has made (Oliver 1987). You read "Constitutional and administrative law" in category "Essay examples" A distinction is drawn between a procedural requirement which is perceived as being mandatory and a simple direction with any breach of a mandatory requirement allowing for judicial review on the grounds procedurally proprietary. There are also rules associated with natural justice, which are linked to procedural requirements and where it has been a breach of natural justice it is likely that judicial review of the procedurally proprietary will be allowed (Lloyd, 1987). For example, there are specific rules of natural justice, which ensured that no bias is shown and that each individual has the right to a fair hearing. An individual will have a legitimate expectation of how their case shou ld be dealt with and a failure to offer the opportunity to have a fair hearing could result in procedural impropriety (Nottinghamshire CC 1986). Unlike other countries there is not a general requirement under English administrative law to give reasons for decisions however it may be required by statute to provide reasons and this would then prevail. Rules relating to legitimate expectation are also likely to be relevant as it is only reasonable that individuals form expectations on how their own situation will be treated and failure to comply with this can result in procedural impropriety (Fairmount 1976). Once an action for judicial review is successful, there are several different remedies which may be available, including a declaration of incompatibility as well as options for the court to nullify the decision made by the public authority by the requirement for the relevant authority to revisit their decision and to comply with the public authority duties that are relevant (Liverpool Corporation 1972). Bearing in mind the various different issues associated with judicial review the position in relation to the four possible claims for judicial review will be looked at in turn. Alpha Ltd (A) Two decisions have been made that A is confused by. These issues are firstly, the refusal to offer a grant for the recycling expansion due to environmental concerns and secondly, the requirement to cease trading due to the lack of licence. A stores no more than 1000 tyres at a time and these are shredded within 12 months. Schedule 1 (B) states that a licence is not required where the tyres are stored for less than 12 months and there are less than 1000 stored at any point in time. Based on this interpretation it would seem irrational that the Secretary of State for the Environment failed to allow the exemption to apply and this would result in a declaration being made and the position having to be re-considered. By contrast it is simply stated that a recycling grant would require the applicant to show that the waste to be recycled will not be harmful to the environment. It is argued here that the belief by the Secretary of State that the chosen recycling approach by A would be harmful and as such it would be appropriate to refuse the grant and could not be deemed to be irrational or disproportionate as it would seem reasonable to disallow a grant that would potentially support some form of non environmentally friendly approach. Beta Ltd (B) An application for a licence has been rejected by the Secretary of State by B as it is using technologies that are seen to be safe and have been proved as such in Germany but has not gained approval in the UK as is required under the statutory provisions. This presents a reasonably difficult position when it comes to judicial review as it could be argued that the Secretary of State has followed the requirements under the statutory provision yet has potentially acted in a disproportionate manner and has failed to take into account the tests that have taken place in Germany. Despite the potential argument of irrationality that B could put forward, it is suggested on balance that the Secretary of State has followed the processes contained within the statutory provisions and therefore it is unlikely that judicial review will be successful in this situation. Gamma Ltd (G) G has also been refused a licence despite having a strong environmental record. G was initially afforded a licence automatically however this was reneged and G was told to apply for a licence which was ultimately refused due to the previous investigations relating to the theft of tyres, this was not an environmental issue. It is also suggested that bias is being shown as the decision maker was involved in the original investigation. Bearing both of these points in mind it is suggested that the judicial review would be successful on the grounds of procedural improprietary on the grounds of bias as well as illegality as the rules contained within the statutory provision have not been applied appropriately with the relevant investigations needing to be environmental in nature if a licence is to be rejected. Tyred Out (T) T is a special interest group looking at environmental issues associated with the disposal of tyres and is arguing that Delta (D) should not be granted a licence due to a poor environmental record. Firstly it is concluded based on the concepts of material interest that T is able to bring an action for judicial review as it has sufficient interest. Secondly it has been put forward by the Secretary of State that a licence was granted based on the devastating potential on the employment in the area despite poor environmental records. It would be necessary to look therefore whether the decision was rational and proportionate, something which it is suggested based on the facts here that the decision was indeed appropriate and could not be deemed irrational. Discretion is given to the Secretary of State and this discretion has seemingly been applied appropriately making it unlikely that judicial review will be successful. Conclusions By looking at the specific rules and applying this to the four scenarios presented, it could be seen that there are mixed results with judicial review being likely to be successful in the case of Gamma Ltd and partly in relation to Alpha Ltd but would be unsuccessful in the other areas. References Anisminic Ltd v.Foreign Compensation Commission [1969] 2 AC 147 Associated Provincial Picture Houses Ltd v. Wednesbury Corporation [1948] 1 KB 223) Attorney-General v. Fulham Corporation, ex relatione Yapp [1921] 1 Ch 440, Barnett, H (2010) Constitutional Administrative Law, Taylor Francis Bradley, A.W. and Ewing, K.D., (2003) Constitutional and Administrative Law, Pearson. Council of Civil Service Unions v. Minister for Civil Service [1985] AC 374 Fairmount Investments Ltd v. Secretary of State for the Environment [1976] 1 WLR 1255 IRC v. NFSESB [1982] AC 617. Lloyd v McMahon [1987] AC 625 Nottinghamshire CC v. Secretary of State for the Environment [1986] 1 AC 240 Oliver, D (1987)†Is the Ultra Vires Rule the Basis of Judicial Review[1987] P.L. 543 R(Daly) v Secretary of State for the Home Department [2001] 2 AC 532 R (on the application of Beer) v. Hampshire Farmers Market Ltd [2004] 1 WLR 233 R v. Gough [1993] AC 646 R v. Liverpool Corporation, ex parte Liverpool Taxis [1972] 3 WLR 224 How to cite Constitutional and administrative law, Essay examples Constitutional and Administrative Law Free Essays Introduction ‘In British constitutional theory and practice there is a clear-cut distinction between law and convention. Law derives from common law and statute, and is enforceable by the courts. Convention derives from constitutional principle and practice and is not enforceable by the courts. We will write a custom essay sample on Constitutional and Administrative Law or any similar topic only for you Order Now Law remains in force until changed by statute. Convention may change with changing times. Law, at least if statutory, is ascertainable in precise form. Convention is often imprecise and may be nowhere formulated in categorical terms.’ (Professor H.W.R. Wade) Is this an accurate explanation of the distinctive nature of law and convention in relation to the British constitution? Professor H.W.R Wade produced a statement highlighting a clear-cut distinction between the nature of law and convention in relation to the British Constitution. Throughout this essay I shall critically asses the validity and accuracy of his explanation by taking an in depth look at key concepts, doctrines and comments to evaluate whether a distinction exists between the nature of law and convention. Whilst Britain does not have a single codified document called ‘The Constitution’, it would be deceptive to assert that the constitution is unwritten. Indeed, Britain’s constitution has been cultivated from multiple key constitutional sources which make it possible to approach a description of the constitution. These sources can be found in the decisions of the courts in the form of dictum or in the interpretation of statute. With Britain being a member state of the European Union part of the constitution can emanate from EU Law, the Royal Prerogative, and a distinct part is found in historical arrangements and practices known as conventions. I shall be focusing primarily on the nature of law and conventions, in relation to the British constitution in order to assess whether a distinctions is visible between the two constitutional sources. Professor Wade asserts that â€Å"Law derives from common law and statute, and is enforceable by the courts. Convention derives from constitutional principle and practice is not enforceable by the courts†. Accordingly, it would be just to establish that from a precise detailed point of view, this statement can be seen to be contentious. This is primarily because Professor Wade highlights that the â€Å"Law derives from common law and statute† however what he seizes to base emphasis on is the mere fact that conventions set a key agenda in the crafting of statute and common law reasoning; in the words of Sir Ivor Jennings â€Å"conventions provide the flesh which clothes the dry bones of the law†[1] Thus, evidently the legal hierarchy of the British constitution is everywhere penetrated, transformed and inherently effected by an inevitable element of convention, and a failure to adhere to an important convention might lead Parliament to cast a disputed practice int o legislative form. An example of this is The Parliament Act 1911, which was enforced after the House of Lords exceeded conventional limits on its power, rejecting, in 1909, a finance bill (Lloyd George’s ‘People’s Budget’). This consequently undermines, to some extent, the clear-cut distinction Professor Wade respectively explains, in that, if conventions are so interconnected in the cultivation of the natural form of law as mentioned above then a distinction cannot be clear-cut or even made, and this connection will always bind the natural law and conventions. Evidently the natural form of law is enforceable by the courts. Professor Wade makes a distinction here between the nature of law and convention by stating that â€Å"Law is enforceable by the courts†¦.Convention is not enforceable by the courts† The issue here arises with regards to the validity of this statement. Are conventions indeed distinctly dissimilar to the nature of law in that they are not enforceable by the courtsIndeed, conventions are rules and are part of the constitutional order, interrelated and interwoven to some extent, however relatively distinguishable from the natural form of law as Professor Wade asserts. The key distinction is in the nature of the enforcement and of the sanction. As mentioned above the natural form of law is inherently enforced in the courts; however it could be debated as to whether conventions are fully applied in courts (discussed further below), conventions are most certainly non-legal but nonetheless binding rules of constitut ional behaviour. A good example of this is the convention of ministerial responsibility. It is a convention which holds ministers wholly and individually responsible to Parliament. If a minister knowingly misleads parliament for example he or she will be expected to resign from office. If no resignation is forthcoming the minister would be acting unconstitutionally and NOT illegally. A court of law could not compel a resignation in this situation. Nonetheless, in the case of R. v Secretary of State for the Home Department Ex p. Hosenball[2] the court had relaxed the rules of natural justice â€Å"for the protection of the realm† in a case were the Secretary of State had considered information that Mr.Hosenball, while resident in the United Kingdom, had sought and obtained for publication information harmful to the security of the United Kingdom. This case proves that the courts were willing to shape up the natural form of the law and enforce a convention for public interest in order to ensure the security of the ‘realm’. A key point to address in this case was that the Secretary of State had not arguably acted fairly in that Mr.Hosenball was denied a fair trial. In today’s court this would infringe article 6 of the Human Rights Act 1998. Therefore, it would be fair to establish that in today’s courts the judiciary would have taken a different approach to tackling the aforementioned case. So is Professor Wade accurate in explaining that a distinction between the nature of law and convention exists on the basis that law is enforceable by the courts and convention is notCertainly the above case contradicts to this to some extent; however a reluctance of the modern courts to enforce conventions has crafted this distinction, making Professor Wade’s distinction relatively accurate on this basis. However as highlighted by the convention of ministerial responsibility a distinction can be formed between a convention and the natural form of law on the basis that acting unconstitutionally differs from acting illegally as highlighted above. Professor Wade explains that a distinction exists between the nature of law and convention on the basis that â€Å"Law remains in force until changed by statute, and convention may change with changing times†. Accordingly Professor Wade is to some extent right in this distinction, in that we have seen numerous acts of parliament being superseded and changed by more modern statutes. Furthermore, it would be fair to establish that courts accept the validity of the acts of Parliament and have validated the concept of Parliamentary Sovereignty, and although the courts do not directly challenge legislation passed down by Parliament, a strong part of the constitution comprises of common law and not solely statute law, particularly in certain cases involving private law including tort and contract law. Thus to some extent it could be inaccurate and problematic to assert that â€Å"law remains in force until changed by statute†. Furthermore, Professor Wade, establishes that â€Å"conventions may change with changing times†. He is indeed relatively accurate in making this statement, as proven by the ‘Widdicombe Convention’ which was formally recorded to resolve any conventional ambiguities with regards to the media and publicity campaigns. This convention was effectively the result of the growing media and the influence it had on society. This convention inherently proves the accuracy of Professor Wade’s explanation that ‘conventions may change with times’. However the legitimacy of this distinction is inaccurate in a sense on the grounds that even the law may change with time, after all, this is why we have a parliament and a superior court system. With changes in society comes change in the law, this is the basic foundation of any competent legal system. Alas, this asserts that Professor Wade’s distinction is relatively inaccurate as both the natural form of la w and conventions change with time in order to sufficiently meet the ever changing needs of our society. Another distinction Professor Wade explains in his statement is that the â€Å"law, at least if statutory, is ascertainable in precise form, convention is often imprecise and may be nowhere formulated in categorical forms† To some extent it can be rather contentious to assert that statutory law is precise in its form. This is merely because a broad term may be used in a statute which can give rise to confusion and uncertainty, developments in society can make the words used in a statute out of date and they may no longer cover the current situation. An example of this is in Section 53, Coroners and Justice Act 2009 c. 25[3]. However the important distinction made here is the statement asserting that â€Å"conventions are often imprecise and may be nowhere formulated in categorical form†. A good authority which validly contradicts to this inaccurate distinction is the convention of ministerial responsibility which is included in the Ministerial Code, which is issued upon appointment to all ministers by the Prime Minister. The convention clearly sets out the conventions and codes of practice as a minister. Thus, in conclusion after critically assessing Professor Wade’s explanation of the distinctive nature of law and convention in relation to the British constitution I have established that some of the distinctions he explains are more accurate than others. Initially the Parliament Act 1911 proved that failure to adhere to an important convention might lead Parliament to cast a disputed practice into legislative form which undermined Professor Wade’s explanation, and proves that convention can indeed constitute into law. Furthermore the case of R. v Secretary of State for the Home Department Ex p. Hosenball[4] proved that a convention could to some extent be enforceable in order to ensure the protection of the ‘realm’. I also established that Professor Wade was accurate in asserting that a â€Å"convention may change in time† as proven by the Widdicombe Convention, however his distinction could be seen as inaccurate as even the natural form of law can be changed in time to suit the needs of society. The convention of ministerial responsibility’s clarity contradicts Professor Wade’s distinction which stated that â€Å"that convention is imprecise in comparison to the precise form of law†. Therefore the aforementioned examples highlight that Professor Wade’s respective explanation although rightful in some aspects; the distinctions made can seem too broad and relatively inaccurate in some arspects in defining a convention and comparing it to the natural form of law. Bibliography Ward, R. (1997) Cases on Constitutional Administrative Law 4th edition, Pitman Publishing Horsey, K. (2009) Tort Law, Oxford University Press Leyland, P. (2007) The Constitution of the United Kingdom, Hart Publishing Turpin, C. (2007) British Government and the Constitution 6th edition, Cambridge University Press How to cite Constitutional and Administrative Law, Essay examples

Kiss the sky Essay Example For Students

Kiss the sky Essay Ten people sit, waiting to embarkOn a journey to a place called Jurassic Park. They sit impatient, they cant wait to leaveToo see something none of them have ever seen. Theyve seen it in movies and on TVBut never in real life like they are about to see. Although it will be exciting to be there,Its as well a dangerous atmosphere;For they all tried to run when they heard the roarBut they all got eaten by a dinosaur. So all we know is who they were;Nothing from after or from beforeBut I will tell you what I can guessAbout all these people, Ill do my best. There was a man who played on the stageAnd for each film he made, earned a hefty wage. He was an actor in huge demandAny sum of money would be placed in his hand. He could make you think he was anyoneHe could even convince his father he wasnt his son. Although in his head he wasnt too brightHis personality was more than all right. The other nine like him, and thats no surpriseHe was especially easy on the eyes. The man who with the actor bonded bestWas a man with a million dollar wrist. On the cover of every sports magazineAnd being him was every boys dream. He was a bit short-tempered, but liked to jokeThey all thought he was funny, even the old folks. Although he could play many sportsHe was also a gentleman of many sorts. He was quite a charmer, pure to the coreNo girl could ever ask for anything more. Next on the list was a man who sangAnd when he did, on every word you would hang. For he could set the mood of any situationAnd make something small into a big sensation. Although he was not much to look atHis words were rich like butter is fat. He was a college man but not very brightHe never studied during the day, but he sang at night. He was rather shy and kept to himselfUntil he was on stage, then his songs he would belt. Then there was a man with utmost controlBoss of the country was his role. Every decision was of his ownHe could change anything by making a call on the phone. But thats okay, he was quite trustedAnd so neat about everything, even his ironing board was dusted. Everything he wore looked brand newIts like everything he wore, he had two. He had great posture, even when he satHe stepped very lightly, just like a cat. The woman with whom he had the most in commonWas a woman who worked in the business of ramen. The business was passed down by generationsHer relatives had done all the preparations. She ran the business like no one beforeWhether it was a sale of a million or four. She ran the business like a well-oiled machineThat was kept superbly clean. And made sure that no one fell out of lineAnd never gave anyone a reason to whine. Then there was a man who gave the greatest gift of allHe taught at the end of a very long haul. He would make learning seem funAnd children were sad when the day was done. He exuded such an enormous energyHe would teach no matter what his wage would be. He loved nothing more than seeing eyes light upOn the faces of children who were learning new stuff. Whether teaching to read, write, or spellHe did it all very well. .u165b9b060f477d954c30f647a5326e63 , .u165b9b060f477d954c30f647a5326e63 .postImageUrl , .u165b9b060f477d954c30f647a5326e63 .centered-text-area { min-height: 80px; position: relative; } .u165b9b060f477d954c30f647a5326e63 , .u165b9b060f477d954c30f647a5326e63:hover , .u165b9b060f477d954c30f647a5326e63:visited , .u165b9b060f477d954c30f647a5326e63:active { border:0!important; } .u165b9b060f477d954c30f647a5326e63 .clearfix:after { content: ""; display: table; clear: both; } .u165b9b060f477d954c30f647a5326e63 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u165b9b060f477d954c30f647a5326e63:active , .u165b9b060f477d954c30f647a5326e63:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u165b9b060f477d954c30f647a5326e63 .centered-text-area { width: 100%; position: relative ; } .u165b9b060f477d954c30f647a5326e63 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u165b9b060f477d954c30f647a5326e63 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u165b9b060f477d954c30f647a5326e63 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u165b9b060f477d954c30f647a5326e63:hover .ctaButton { background-color: #34495E!important; } .u165b9b060f477d954c30f647a5326e63 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u165b9b060f477d954c30f647a5326e63 .u165b9b060f477d954c30f647a5326e63-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u165b9b060f477d954c30f647a5326e63:after { content: ""; display: block; clear: both; } READ: Acid Rain (3062 words) EssayClosest to the man who taughtWas a woman who had to deal with children who fought. She had no job and stayed home all dayAnd with her children she got to play. She never wanted to go out and workAnd deal with a boss who was a jerk. Instead she liked to clean and cookAnd read the occasional book. Some may think shed get boredBut each day she enjoyed it more. Then there was a woman who worked half the timeSomeone usually has to, to get by. But this person inherited a hefty sumWhen her grandmothers life was done. Although she was in the higher classShe still liked to work to help the time pass. She was rather shy and didnt speak muchBut when she did, she did it suchA way that could calm anyoneAnd make a sad situation fun. The one who was closest to a friend to herWas a boy who grew up calling his father sir. He went to private schools all his childhoodAnd was programmed to think that was good. But then he finally saw the lightAnd he ran away from home that night. So now hes living on his ownAnd occasionally calls his mom on the phone. But he refuses to ever come backAnd live the life someone else wants him to have. Finally a man who gave his lifeTo his Lord and Savior, Jesus Christ. He joined the ministry right out of schoolAnd for that, many people called him a fool. But he knew it was what he wantedAnd knew the decision wouldnt haunt him. So now he preaches every chance he getsAnd never swears, cheats, or bets. He was easy to get along with, and also quite funnyAnd when they passed the plate in church, he received a lot of money.

Cultural Awareness

World Lit Essay Example

World Lit Essay Example World Lit Essay World Lit Essay The discrepancy in appearance and reality is an important theme in several of the texts we have read. Discuss this theme as it is illustrated in two of the following works of literature: The Canterbury Tales; Hamlet (the play); A Simple Heart; The Death of Ivan Ilych. Incorporate some information about how each text reflects the characteristics of its literary period. Discrepancy in appearance and reality is one theme that is well illustrated in both books of Hamlet a simple heart and even in the literature entitled The Death of Ivan Ilych. Ivan     Ilyich as a person who want to be well up especially in the social ladder does all the struggle he could, only to realize he had to accept the true reality of life since death was a must and not optional. The gift of all his agony and struggle to make life more comfortable was a suffering cessation. The Ilyichs breakthrough turns out to be freedom that emerges with truth and realizes at the end that he has lived a life full of falsity and enables him to have a just very brief moment to show unselfish love to his children and wife since he had lived such a bad life of not having compassion to his deer wife and equally to his own child.   Ivan Ilyich had to accept the reality in life and regret about the life he had been living and recognizes that his only son was the one who had the truth humanity and lived the way life was supposed to be lived. From the book of a simple life, Felicità © being such a royal girl who was not selfish to give her love finds her life not as good as she opted. Her husband to be saw her not being fit enough to be associated to him as his wife and marries another girl. She dies with no children and even without her own property. The theme of discrepancy in appearance and reality is thus well illustrated since this girl being such good to anybody and even willing to give her love to anyone finds no appreciation from any of them up to the time of her death. Compare and contrast one Romantic poem with the Modernist poem The Love Song of J. Alfred Prufrock. (The Romantic poets we have read are Wordsworth, Whitman, and Dickinson.) Remember that a successful comparison/contrast thesis is more than a statement that the two texts are both alike and different. You should state some insightful conclusion that can be arrived at through reading the texts side by side. The comparison   between the two works of literature is that they are both dramatic monologues with issues concerning   about romance and nature.   In both poems, the authors does not see any important thing that can make one to be more such happy and contented with life since the life seem to be having a lot of misery. Both authors in their literature seem to express their feelings and relation with space and time to be unappealing and thus they are unhappy with the situation. The authors further more offers prolonged interrogatives which are in a series form for consequences which are unanswered or taken action on. The language used in both poems and imagery are enacted with intensity that brings out the dramas to be with mental conflict. The conflict between these two poems is that in the poem The Love Song of J. Alfred Prufrock the rhyme scheme is irregular even though not randomly where as in the poem of Wordsworth the rhyme is regular even though the dialect used is uncommon. The poem The World is Too Much with us also illustrates about industrial revolution of England whereas the poem of Prufrock is illustrates consciousness of a person who is modern and neurotic. Furthermore the poem of Prufrock is done  Ã‚   in such a way to express transitional links to be psychological and illogical     where as in the words worth poem is done in a way that express his anger about nature.

Select an architectual complex like Parthenon in Athens or Colosseum Research Paper

Select an architectual complex like Parthenon in Athens or Colosseum in Rome and discuss the influence of that structure on mod - Research Paper Example Like every other thing architectural complex of past nations such as Parthenon in Athens and Colosseum in Rome also have a direct influence over the modern architecture and the structure of buildings. This paper aims to establish comparison between the architectural techniques of Parthenon and that of the contemporary world. Thereafter conclusion is presented to reflect the overall study of the subject. Discussion of Architecture or Architectural Technique The Parthenon is the most admirable architectural complex in Greece which is also the largest temple in the country. The temple significantly symbolizes all the ideas, way of living, heritage and artistic sense of people of that particular time period. Furthermore it explains the great understanding of the Greek people regarding the use of mathematical formulae so as to build successful structures like Parthenon. The religious beliefs are also represented by the overall architectural structure and the statues it contained. The anci ent architects used to construct buildings on huge lands since then there was no significant issue of population. Additionally they had stone walls which actually made their structures so strong that they resisted all the storms, earthquakes and other natural disasters. Use of wood and glass is absent in the architectural remains of Greek civilization which represents that their focus was more towards the rigidity and long lasting life of structures (The Parthenon). The Greek Architecture had a distinctive pattern of buildings with major concentration over the Greek mainland and the Aegean Islands. They had several unique features of their architectural structural and the most prominent among them was the Parthenon in Athens. Greeks had a concept that the optimum success of an architectural design lies in its arithmetic calculations which should be made with the help of comparative analysis and established theories in mathematics. This concept is reflected thorough out the Greek arc hitectural history since they had the most accurate designs based on scientific approach. Parthenon has been built upon the perfect mathematical formula which has equal portions and rhymic correspondence. The whole structure is based upon the entablature areas which are further alienated into different ratios having harmonious and logical relationship among them. In addition to this there is a significant association of columns with the capital. The Greek architects had a firm believe on the perfection of designs and this was something they had never compromised on whether it is architecture or any other field of life. The pillars of Parthenon are made considering its vision from a distant area and due to this they always seems straight. The entasis have very little puffiness and recession of pillars’ structure and columns which is yet another application of mathematical tools and techniques (Greek Architecture). Furthermore the top most parts of the pillars are bended toward s the middle point on both sides of the colonnade. The bend deepens as they move towards the end since there is a row of pillars which actually seems in line with each other and show space over the top corner. The pillars are made in such a way that if the colonnade would starts inclination then their pointers will meet one another up in the air. The curve in the middle of the design along with the horizontal lines gives a look of slump in the centre. Parthenon does not have straight lines

Critically appraise the advantages and disadvantages of mainstream, Essay

Critically appraise the advantages and disadvantages of mainstream, resources and special school provision in meeting the needs of children who are deaf - Essay Example on the level of knowledge and skills of each student, it is a common practice for some schools to include deaf students in regular classes (Web Citation, 2010). Depending on the ability of deaf students to cope with the challenges of learning in a regular class, deaf students who are unable to compete with other students will be transferred to special education facilities (Wisconsin Education Association Council, 2010). One of the advantages of allowing the deaf students to be included in the mainstream is that it boosts the self-confidence of deaf students rather than classifying them as someone with learning disability when placed in a special education facility (National Research Center on Learning Disabilities, 2010). As part of having equal opportunity to learn and receive higher academic accomplishment, deaf students are given access to learning resources from direct instruction used in a typical educational setting. As a result of exposing deaf students with the regular students, deaf students are more prepared to have better abilities in terms of functioning normally when they start working after graduation since deaf students are able to carefully observe how people socializes within a normal environment (Meyer & Poon, 2001; Wolfberg, 1999). On the side of the normal students, this group of individuals learns how to tolerate and gain more understanding with regards to the physical state of deaf students (Suomi, Collier, & Brown, 2003). Considering this point of view, there is a minimized risk for students with no physical or mental disabilities to discriminate deaf students. As the students learn to communicate and build friendship with deaf children, teachers and parents have reported some positive outcomes in terms of enabling the child to become more helpful to others as they learn to build a more diverse social networks and be more patience in dealing with other people who are born with or without any forms of mental, physical and emotional

Structuralist and Modernist Theories of Development

Structuralist and Modernist Theories of Development This essay is going to look at the rather broad question which theory of development I find most persuasive. It will look at the different theories of development and then critically assess the theories to show that I believe Modernisation theory to be the most persuasive, using examples to back up my argument. To fully engage with the question the essay will start by looking at and assessing Modernisation theory, secondly the essay will look at a structuralist approach and how it differs to modernisation theory. The essay will then look at political development theory and the differences between the theories, before concluding to try and show that overall the most persuasive theory of development is Modernisation. After World War Two we saw a departure from Classical Economics and Growth Theory to Modernisation Theory. The Theory reflected both a changing international political circumstance and developments made in social science circles with the journal Economic Development and Cultural Change publishing the social scientists findings of their Modernisation research . Walt Rostow presented his thesis on Modernisation theory looking at it as a five-stage process, showing countries moving from traditional societies to modern societies, the last stage for Rostow being The age of high mass consumption' (Hopper, 2012), which is when a country maintains high economic growth for an appropriate length of time. It follows the general principles of the Modernisation theory that it is a linear process of changing older traditions, methods and structures that countries have previously followed. Rostow believed that a way for Developing countries to benefit from Modernisation was for aid from developed c ountries to be sent to these countries so that they could gain some productive investments. The Marshall plan and the Alliance for Progress in Latin America were programs that were influenced heavily by Rostows theory. The Alliance for Progress was established between America and Latin America to promote economic and political development within the countries (Ish-Shalom, 2004). The Alliance had a few successes, for example growth in regional output in Latin America increased by 0.4% per capita, however during the 1960s 13 of the governments within the alliance were taken over by a military dictatorship leading an abrupt failure of the alliance. By the end of the 1960s the theory of Modernisation was under attack, a main reason being because many believed that the theories linear view dismisses the extent to which societies can be very diverse and different to other countries, especially those in the west, as these countries may fight change and resist changing their traditions, as it is assumed by authors that Third World Countries are traditional whilst Western countries are developed. In his book, John Martinussen talks about how some Modernisation theorists assume that because the model has worked in developed countries it will automatically transfer to work in developing countries (Hopper, 2012). Similarly, these ideas of development hugely downplay the level to which international conditions could impede development in the South. Structuralists would argue that developing countries are powerless to control their own futures because modernisation theory was to focused upon endogenous factors that it overlooked external factors due to the international economic order.   Ã‚   Structuralists focused on the structure of the international economy to look for patterns of the level of development in countries around the world. The theory is influenced by Keynesian which is a critique of classical economics and talks about how states rely upon government intervention and having a mixed economy, and that to become developed states should focus on achieving this, as the belief was that it would stimulate the economy and development within the country. The belief relied heavily upon governments in developing countries encouraging industrialisation through support such as financial help. Therefore, like modernisation theory we can see that structuralism shares a belief in industrialisation in a countries development. Also, the structuralist approach is rooted in Latin American experience, where the countries were very critical of international trade and there were attempts to discover and explain the lack of development in the area. Raul Prebisch looked at the idea of there being a structural rift in the international economy (Edgar J. Dosman, 2012) in which Latin America sat on the edge of this rift as it had the function of being able to provide natural resources, mainly serving those countries in the centre. With assistance from Prebisch CEPAL developed a theory of economic development for Latin America. This approach was based upon the ideas that development should not be copied from Western countries but instead established so that it represents the reality within the developing country. It also believed that protectionist policies should be adopted, such as importing tariffs on imported goods, as without such policies these countries would struggle to survive in the international free trade market as they would be in direct competition with western countries. CEPAL concluded that development, in Latin America at least, needs to take place within a Capitalist system and that countries that produced industrial goods would grow faster than those which specialised in primary commodities. Some structuralists held that countries of the Global South could overcome the unintentional restraints put on them by the already developed countries through trading between themselves (Hopper, 2012). Therefore, Structuralists would advocate a policy of Import-substitution industrialisation (ISI) described by Valpy Fitzgerald as being state-led industrialization, when CAPEAL was formed the organisation continued to push ISI as it was dealing with the shocks felt within Latin America from the disruption of international trade because of the Great Depression through World War Two, and by the 1950s CEPAL wanted to create a region-wide market that would capture economies of scale in production. (Love, 2005). Manufacturing in Latin America increased yearly by 6.3% (Sheahan, cited in Hopper 2012), showing that this structuralist approach had a positive effect in this area of the Global South, however some manufacturing industries in countr ies with small domestic markets struggled as they had limited population size to market their goods too and were further limited by the populations low incomes, leading to reductions in foreign exchange earnings so these industries would struggle to afford the technology needed to manufacture their goods which ISI was reliant on to work. ISI also ignored bureaucracy and corruption that have been a part of the states and governments throughout the world. Overall there were too many faults with some structuralists ideas and Latin America abandoned ISI after the debt crisis in the region in 1982. After the slow dissolution of ISI in Latin America, with a worsening debt crisis and terms of trade for primary products deteriorating a new approach, Dependency Theory, began to come to light from radical and neo-Marxists who began with critiquing both Modernisation and Structuralist theories. Their general argument is that Capitalism in the international community produces increased inequalities in levels of development allowing the North to exploit and extract wealth from the South. Paul Baran, a Development academic, considered this structure as the morphology of backwardness. (Bellamy Foster, 2007). Within Latin America Andrà © Gunder Frank argued that the lack of development within these countries can be directly connected to development in other areas of the world, this is through looking at a Capitalist world system characterised by a centre-periphery dichotomy where Latin America sits on the periphery with the countries of the North in the centre, the result of this dichoto my being an unequal exchange in the international market with the North becoming developed and dominating and the South being underdeveloped and dependent. A conclusion from dependency theorists seemed to be that capitalism needs to be abolished if underdevelopment is the result of a capitalist society. However, a challenge to the theory emerged when newly industrialised countries could almost be seen to be bridging the gap in the dichotomy, Immanuel Wallerstein disagreed slightly with dependency theory and stated that the dichotomy had three levels; centre, semi-periphery and periphery, Wallerstein developed World-systems theory. This theory sought to explain the central-periphery dichotomy produced by the Capitalist system, Wallerstein offer a more fluid concept of the dichotomy saying that it is possible for countries to move in and out of these categories whether it be due to development or economic decline, this can account for the change in countries such as China and India (H opper, 2012). However, critics would argue that despite Wallersteins theory that Dependency theorists underplay internal and natural causes of underdevelopment. During the 1980s Latin America witnessed an economic crisis leaving the areas GDP growth rate as 1.1% whereas its overall growth rate of its per capita GDP was negative (Shixue, 2008). This was due to flaws from the ISI model and corruption within the region by officials. Also, many claim that the theory fails to provide answers to developing countries predicament, as the theory states that dependency is a root cause of their underdevelopment but provides no escape. There is either a need for developed countries to disconnect themselves from the international market or for a creation of a new international economic system. Therefore, Dependency theory provides little hope to developing countries. In conclusion when analysing the different theories of development it is apparent that all the three main theories can be recognised as having some influence within developing countries.