The Character of Pearl in Hawthornes The Scarlet Letter Essay

The Scarlet Letter:â Pearlâ â â â â â â â â â â â â â  Youngsters are inconceivably delicate and can detect practically any feeling of a grown-up by watching non-verbal communication and outward appearances. Such is the situation with the energetic Pearl from the novel The Scarlet Letter, by Nathaniel Hawthorne. As the girl of the adulteress Hester Prynne, the townspeople see Pearl as an evil presence in an angel’s apparel; who not just knows precisely what the letter An implies on the chest of her mom, however as the devil who put it there, too. The townspeople accept that Pearl utilizes this data against Hester by continually referencing the letter so as to make Hester very awkward. This conviction of the townspeople is surely not upheld by the accompanying exchange. ‘Nay, mother, I have told all I know,’ said Pearl more truly than she was wont to speak†¦Ã¢â‚¬â„¢But is acceptable sincere presently, mother dear, what does this red letter mean?- and why dost thou wear it in thy chest?- and for what reason does the clergyman keep his hand over his heart?’ She took her mother’s hand in both her own, and looked at her with a genuineness that was only from time to time found in her wild and whimsical character. (Hawthorne 164)  This exchange doesn't appear to be the expressions of a devil, however of a kid who is totally inquisitive about what the letter An on her mother’s chest implies. One ought not disparage Pearl’s insight. Pearl isn't the evil presence numerous townspeople believe her to be; rather she is astute and touchy towards her environmental factors and can see much about the red letter Hester wears. The neighboring townspeople†¦ had given out that helpless little Pearl was an evil presence posterity, for example, since the time old Catholic occasions had once in a while honey bee... ...tions lead a peruser to understand that she sees a connection between Hester’s letter and Dimmesdale’s propensity for covering his heart with his hand, in spite of the fact that she doesn't have the foggiest idea what this association is. Pearl is an astounding youngster and maybe one of only a handful not many diserse characters in the novel. Albeit a few perusers of this novel may not want to figure out the real story and see past the naming of devil, the genuine Pearl is totally not the same as this generalization. The genuine Pearl, the curious, keen, and excellent animal that she is, turns into the image for salvation in this novel. Pearl might be the result of wrongdoing and foulness, yet she has qualities that make her a stunning youngster. To be sure, Pearl is the rosebush which becomes close to the jail entryway: she is the one splendid detect the detainees of this novel see as they peer through the little windows of their constrainment.

The Life of Okonkwo Free Essays

How might you respond on the off chance that you needed to prevent undesirable guests from controlling your previous individuals and transforming them financially, socially, and strategically. Okonkwo who is one of the principle characters in the novel Things Fall Apart by Chinua Achebe, doesn't need this social clash to happen to his kindred tribe individuals since it may or probably won't prompt brutality. Okonkwo’s individuals who live in the Nigerian town of Umuofia which is one of the fundamental settings for the book were not set up for this social clash between the altogether different Western and African societies. We will compose a custom article test on The Life of Okonkwo or on the other hand any comparative theme just for you Request Now Okonkwo had an altogether different reaction to Western human advancement taking over Umuofia than the remainder of his kindred tribe individuals. Above all else, Okonkwo had an alternate feeling of personality before the social crash of Western and African societies. For instance, in Part One we discover that â€Å"Okonkwo governed his family with an overwhelming hand. His spouses particularly the most youthful, lived in never-ending trepidation of his searing temper, thus did his little children.†(Achebe 13). This shows how Okonkwo sense personality is distinctive before Western clash with the African individuals of Umuofia. An extra case of Okonkwo personality before the social crash with the Westerners is the point at which we discover that â€Å"[Okonkwo’s] entire life was commanded by dread, the dread of disappointment and of weakness.†(Achebe 13). That statement is introducing the idea that Okonkwo has bunches of dread in his life right now, since his dad made the disappointment for him. Yet, Okonkwo isn’t all pitiless and ghastly on the grounds that â€Å"He needed Nwoye to develop into extreme youngster equipped for taking care of his father’s family when he was dead and gone to join his ancestors.†(Achebe 52). This statement is showing the data that, Okonkwo doesn't need his child Nwoye to resemble his Okonkwo’s father who didn’t help him so much; and he needs Nwoye to learn significant aptitudes for later on, so he doesn't bomb as a dad like how Okonkwo’s father did. To sum up this section Okonkwo’s feeling of character didn't yet change since this was Part One of Okonkwo’s feelings and how his apprehensions did or didn’t influence him as an individual. The most effective method to refer to The Life of Okonkwo, Papers

The Architectural Pediment and How to Use It

The Architectural Pediment and How to Use It A pediment is a low-pitched triangular peak initially found on sanctuaries in old Greece and Rome. Pediments were rethought during the Renaissance and later imitated in Greek Revival and Neoclassical house styles of the nineteenth and twentieth hundreds of years. Utilization of pediments has been openly adjusted in numerous styles of engineering, yet stays most firmly connected with Greek and Roman (i.e., Classical) subordinates. The word pediment is thought to have originated from the word significance pyramid, as the triangular pediment has a spatial measurement like the pyramid. Utilization of Pediments Initially the pediment had an auxiliary capacity. As the Jesuit minister Marc-Antoine Laugier clarified in 1755, the pediment is one of just three fundamental components of what Laugier called the essential crude hovel. For some Greek sanctuaries, first made of wood, the triangular geometry had a basic capacity. Quick forward 2,000 years from old Greece and Rome to the Baroque time of craftsmanship and design, when the pediment turned into a fancy detail to be indulgently changed. Pediments are frequently utilized today to make a strong, lofty, dignified look-and-feel to the design, for example, is utilized for banks, exhibition halls, and government structures. Regularly, the triangular space is loaded up with emblematic sculpture when a message need be broadcasted. The space inside a pediment is in some cases called the tympanum, in spite of the fact that this word all the more generally alludes to the Medieval-time curve territories over an entryway finished with Christian iconography. In private engineering, pediments are normally found above windows and entryways. Instances of Pediments The Pantheon in Rome demonstrates exactly how far back in time pediments were utilized - in any event 126 A.D. Be that as it may, pediments were around before that, as can be found in antiquated urban communities around the globe, similar to the UNESCO World Heritage site of Petra, Jordan, the Nabataean procession city affected by Greek and Roman rulers. At whatever point draftsmen and architects go to antiquated Greece and Rome for thoughts, the outcome will probably incorporate the section and the pediment. The Renaissance in the fifteenth and sixteenth hundreds of years was such a period - a resurrection of Classical plans by the designers Palladio (1508-1580) and Vignola (1507-1573) driving the way. In the United States, American legislator Thomas Jefferson (1743-1826) affected the design of another country. Jeffersons home, Monticello, fuses Classical plan by utilizing a pediment as well as an arch - particularly like the Pantheon in Rome. Jefferson additionally structured the Virginia State Capitol Building in Richmond, Virginia, which impacted the government structures being gotten ready for Washington, D.C. Irish-conceived planner James Hoban (1758-1831) carried Neoclassical thoughts from Dublin to the new capital when he demonstrated the White House after the Leinster House in Ireland. In the twentieth century, pediments can be seen all through America, from the New York Stock Exchange in Lower Manhattan to the 1935 U.S. Preeminent Court Building in Washington, D.C. and afterward on to the 1939 manor known as Graceland close to Memphis, Tennessee. Definition pediment: the triangular peak characterized by the crown forming at the edge of a gabled rooftop and the flat line between the overhang. -  John Milnes Baker, AIA Different Uses of the Word Pediment Antique sellers will frequently utilize the word pediment to depict a luxurious prosper in Chippendale-period furniture. Since the word depicts a shape, it is regularly used to portray man-made and characteristic shapes. In topography, a pediment is an inclining arrangement brought about by disintegration. Five Types of Pediments 1. Triangular Pediment: The most well-known pediment shape is the sharp pediment, a triangle encircled by a cornice or edge, with the pinnacle at the main, two balanced straight linesâ sloping to the parts of the bargains cornice. The rake or edge of the slant can fluctuate. 2. Broken Pediment: In a messed up pediment, the triangular blueprint is non-continuous,â open at the top, and without a point or vertex. The wrecked space is typically at the top summit (taking out the top point), however some of the time at the base level side. Broken pediments are regularly found on old fashioned furnishings. A swan-necked or smashes head pediment is a kind of broken pediment in a profoundly ornamented S-shape. Broken pediments are found in Baroque design, a time of experimentalism in detail, as indicated by Professor Talbot Hamlin, FAIA. The pediment turned into a compositional detail with next to zero basic capacity. Florid detail in this manner turned into a matter of the inexorably free adjustment of structures initially great, to made them touchy to each conceivable subtlety of enthusiastic articulation. Pediments were broken and their sides bended and looked over, isolated via cartouches, or urns; sections were contorted, moldings copied and reduplicated to give sharp accentuation, and broken out of nowhere out and in where a multifaceted nature of shadow was wanted. - Hamlin, p. 427 3. Segmental Pediment: Also called round or bended pediments, segmental pediments diverge from triangular pediments in that they have a round cornice supplanting different sides of the conventional triangular pediment. A segmental pediment may supplement or even be known as a curvilinear tympanum. 4. Open Pediment: In this sort of pediment, the standard solid even line of the pediment is missing or almost missing. 5. Florentine Pediment: Before Baroque, designers of the early Renaissance, when stone carvers became engineers, built up an ornamental styling of pediments. Throughout the years, this design detail got known as Florentine pediments, after their utilization in Florence, Italy. It comprises of a half circle structure set over the entablature, and as wide as the encasing segments or pilasters. Normally a basic boycott of moldings goes around it, and the half circle field underneath is frequently beautified with a shell, albeit some of the time shaped boards and even figures are found. Little rosettes and leaf and bloom structures are typically used to fill the corner between the parts of the bargains and the cornice beneath, and furthermore as a finial at the top. - Hamlin, p. 331 Pediments for the 21st Century For what reason do we use pediments? They give a feeling of convention to a home, in the Western Classical engineering sense. Likewise, the geometric plan itself is intrinsically satisfying to the human senses. For todays mortgage holders, making a pediment is a fairly basic, modest approach to include enrichment - for the most part over an entryway or window. Have pediments gone sideways? Todays present day high rise designers use triangles for auxiliary quality just as magnificence. David Childs plan for One World Trade Center (2014) is a genuine case of stylishly satisfying loftiness. Norman Fosters Hearst Tower (2006) is loaded up with triangulation; its excellence is up for conversation. Sources American House Styles: A Concise Guide by John Milnes Baker, AIA, Norton, 1994, p. 175Architecture through the Ages by Talbot Hamlin, Putnam, Revised 1953, pp. 444, 427, 331Furniture with broken pediment Agostini/A. Dagli Orti/Getty Images (cropped)Broken Pediment on Residential Portico Richard Leo Johnson/Getty Images (cropped)Contrasting pediments Julian Castle/ArcaidImages/Getty ImagesPediments over windows Brian Bumby/Getty Images

Anything Goes Reaction Paper - 550 Words

Anything Goes (Reaction Paper Sample) Content: Name:Instructor:Course:Date: Anything GoesAnything Goes by Cole Porter is among the greatest American musicals ever written. The musical has been performed in numerous theatres and institutions since its inception in 1934, and it has won several Tony Awards. Anything Goes is a high-quality work and this has allowed the musical to survive in the realm of musical theatre. The musical represents the ideologies that existed in the 1930s in America. Anything Goes does not target a particular group of individuals or racially discriminate against anyone. The main purpose of the musical was to highlight all the discriminations that occurred during the 1930s. Porter used the musical to convey the issues of homophobia, gender-based discriminations, and suffrage. Women had been exercising their voting rights by the time Anything Goes was released. However, women continued to be vilified and objectified in the American society. The Black Americans and other minority groups were t reated like second-class citizens. The minority groups were denied many basic rights such as quality education and healthcare. During the 1930s, homosexuals could not declare their sexual orientations in public for fear of being attacked by other members of their society. Cole Porter was also a homosexual who was forced to marry a Linda Lee Thomas to hide his orientation. The arrangement was mutually beneficial to Porter and his wife because it brought him a respectable status in his community at a time when members of the society frowned upon homosexuality. Transatlantic steamers granted individuals the freedom from most of the restrictions exerted on underprivileged members of the society. Sailors could express themselves without the fear of reprisal from the Prohibition authorities or any other group in the society. The musicals title, Anything Goes is a phrase that demonstrates the freedom individuals could enjoy while traveling on the London-bound luxury ocean liner. The charac ters in the musical represent a group of misfits seeking greater meaning in life. For instance, the main character, Reno Sweeney, has transformed from an evangelist to a naughty nightclub performer. Moonface Martin pretends to be a priest so that he can escape from the law. On board the ship is Billy Crocker, who only pretends to be a sailor and a gangster so that he can pursue his lover, Hope Harcourt. Harcourt has been betrothed to the affluent Lord Evelyn Oakleigh so that her mother can restore her familys fortunes. However, Harcourt loves Crocker instead of Oakleigh. Reno states that times had changed and any...

Effects of Motivation on Learned Helplessness - 3158 Words

Effects of Motivation on Learned Helplessness Learned helplessness is a psychological condition in which a human being or an animal has learned to act or behave helpless in a particular situation, even when it has the power to change its unpleasant or even harmful circumstance (Seligman, 1975). This feeling of helplessness is generated when the individual has been exposed to previous uncontrollable events and thus learns to fail in the current situation because responding in the past had yielded insignificant results (Nation Massad, 1975). Therefore by attributing uncontrollable negative outcomes to internal and lasting causes, people might perceive that future events will also be uncontrollable. As such, helplessness is manifested in†¦show more content†¦From these inventories, the researchers found that the need for validation from others was positively related to negative moods such as anxiety and depression. On the other hand, a person who is more self reinforcing (high er intrinsic motivation) is less vulnerable to anxiety and depression. This is mainly because individuals with a high need for reassurance from others (extrinsically motivated) are more vulnerable to anxiety and depression when others are not present to motivate them compared to intrinsically motivated individuals. Since learned helplessness is often linked with depression (Abraham, Metalsky Alloy, 1989) extrinsically motivated individuals are more prone to learned helplessness compared to intrinsically motivated individuals. Thus, this research shows mixed results on whether motivation helps to reduce learned helplessness. The present study hopes to show that motivation does help in reducing learned helplessness among young adults. The study does not aim to replicate any of the earlier studies but serves as a brand new experiment to affirm the fact that motivation helps in reducing learned helplessness. The hypothesis to be proved is that motivation aids in reducing learned helple ssness among young adults. This concurs with the studies done by Seligman (1975), Kuhl (1981), Deci and Ryan (2000) Boggiano and Barrett (1985) in the motivation helps to reduce learnedShow MoreRelatedEssay Success is a Subjective State of Mind925 Words   |  4 Pagesit means. It is a definition that changes within each individual’s personality and conforms to their needs and desires (2014). Obadassi Battal, a writer for the International Journal of Academic Research, wrote an article titled The Effect of Learned Helplessness of the Success. He discovers intrigued cognitive correlations between learning abilities and success. By following a group of students from fourth grade on, he developed an interesting hypothesis. 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Plan to Make a Million Dollars from a Person Who Has Volunteer

Essays on Plan to Make a Million Dollars from a Person Who Has Volunteer Experience in a Church and Child Care Center and Has Been Interested in Economics since Childhood Personal Statement Personal ment I served as the leader of our local church groups Christmas fund raising program this past holiday season. I was in charge of making contacting local businesses and convincing them to join in our program by donating cash or goods for the underprivileged community members. I convinced business owners to do their part by placing their business name on donation bags as part of their business promotion campaign. This idea sat very well with most of the businessmen who opted to then donate cash instead of goods. 2. My interest in the principles of economics stems from my childhood. I was encouraged by my parents to open up a lemonade stand. I was fascinated by the money that I made and that parlayed into other business ideas for me over time. I needed to become more creative and diverse in businesses that I entered into so that I could make more money from the limited capital that I had. I recognized market and economic trends which helped develop my creativity in terms of economics and its related fields. 3. Working a part time job is never easy. Specially when it seems like your supervisor has it in for you like I did. The more he tried to hassle me at work, the tougher and stronger I became. I was not going to let him treat me like an idiot. I turned to my senior co-workers and begged them to train me so that our supervisor could never find a reason to pick on me. I was able to prove that I could do the job and much more. 4. I volunteer at our local non-profit day care center during my class free days and weekends. This is something I enjoy doing because I am able to help shape the minds of our future leaders by helping them create a solid foundation for their future character and education platforms. Part of my day care projects include potty training the toddlers and helping them learn their numbers and alphabet so that they can read simple books like Dr. Seuss on their own. 5. My neighbors child is deaf mute and has never really been that sociable with other kids on the block. But one day, I saw my hearing neighbors picking on my defenseless neighbor and I felt an urge to defend my defenseless neighbor. By scaring them off, I made a new friend in my neighbor and in the process, I also learned American Sign Language as an alternative form of communication. I believe that I can help our school community by helping make our special needs students feel more welcome. 6. My goal in life is to have a million dollars by the time I turn 40. This is a dream that became my commitment to myself after I bought my first stock certificate when I turned 16. Since then I have been working part time non-stop and setting aside my investment budget every year in order to help achieve that goal. I have also been studying the intricacies of the stock market in relation to economics and how I can use that information to reach my goal.

Business Law Report

Question: Discuss the business structures and the equality act 2010. Answer: Introduction The present report is a very important piece of paper which covers two most important aspects that prevails in United Kingdom, that is, business structures in United Kingdom and the analysis of The Equality Act 2010. Part I of the report deals with an analysis of two kinds of business structures that are prevalent in United Kingdom, that is, Partnership and Limited Liability Company. Arguments are lay down which established that establishing a company is a better choice in comparison with a partnership. Various tax issues, control issues, etc are evaluated of both the business structures prior adhering with the notion, that a company is a better choice. Part II of the report analysis The Equality Act 2010 and what safeguard an employer must take in order to avoid any kind of unnecessary complaints. Both primary and secondary sources are used to justify the arguments made. Various provisions of the Ac are analysed which must be adhere by the employer so that protection and safeguard is provided to he employees. The reference List is added in the end. Business structures As per the given scenario, a business needs to be set up as a general partnership. However, there are arguments that are lay down which establishes that running a business in the form of a limited liability company will be a much better choice when compared with a general partnership. Thus, in order to justify the statement made above, it is important to evaluate the pros and cons of establishing a general partnership and a limited liability company and in what manner the establishment of a limited liability company is a better choice. In United Kingdom, a business can be establish in several manners, such as, as a sole proprietorship, as a partnership, as a limited liability partnership or as a limited liability company. All the forms are important depending upon the needs, desires, and resources of the person. Once a business structure is finalised by a person, then, such structure identifies his responsibilities, legal obligations, statutory issues, environmental issues, etc. (Spadaccini, 2009). But the two important business forms that are evaluated in the present report are a General Partnership and a Limited Liability Company. Both the structures are analysed individually and are then compared to justify the statement made above. A General Partnership Definition and elements A General Partnership (Partnership) is a business form wherein there must be at least two persons who intends to come together to formulate a business of incessant nature and with a motive to earn profits. This distinct structuring establishes very important elements in a partnership, such as: (McCahery Vermeulen, 2004) A partnership cannot be created by a single person and requires more than one person. The business must be of incessant nature and not a single activity. The motive of the partners is to earn profits. Advantages Once a partnership is formed then there are various advantages that can be associated with it. Such as, it is very simple, easy and economical to establish and create a partnership. This is because there is no formal procedure that is required for its information, such as, any kind of registration (as the same is required while forming a company). Rather, a simple partnership agreement defining the mutual rights and obligations of the Partners, the term of the partnership, profit sharing ratio, etc. Further, the partners carry out their tasks and are remunerated through drawings. This helps in securing tax advantage which is not present if the remuneration is made by giving salaries (as the same is done in a company). Also, there are no statutory obligations of filling any kind of return which is a very cumbersome, tedious and costly affair. (Fibbe, 2009) Thus, a Partnership is a business structure which is very popular and its advantages cannot be overlooked. But, in order to justify the statement made above, that is, running the business in the form of a limited liability company will be a much better choice when compared with a general partnership, it is important to analyse the structuring and advantages of a Limited Liability Company. A Limited Liability Company Definition and elements A Limited Liability Company (Company) is one of the business structures that can be established in United Kingdom. A company is a legal entity that has its separate existence in the eyes of law. In Salomon v Salomon (1897) the concept of Separate Legal Existence is explained and it was held by the House of Lords that a company is an artificial legal person and is separate from its members, employees and officers. This separate existence of a company has evolved various distinct features of a company, such as: (Puig, 2000) It has Limited Liability- The liability of the company is limited, that is, the shareholders of the company are liable only to the extent to their shareholdings and not beyond the same. Any liability that is beyond their shareholdings will not fall on their shoulders but must be equated by utilising the assets of the company (Lee v Lees Air Farming Ltd(1960). It has perpetual succession Perpetual succession implies that a company is an artificial legal person in law and is not associated with its officers and members. Thus, in Salomon case it was held that even if all the members of the company dies, the company still remain alive and active. It can sue in its own name and be sued by any other person. Now, on order to justify that a company is a better choice in comparison with a Partnership, it is important to analyse the advantages of a company. Advantages Once a company is formulated, there are numerous advantages that can associate with the same and which cannot be found in a partnership form of business. The same are: (Chris, 2016) A company is a separate legal entity in the eyes of law, that is, it is distinct and dissociated from its members and officers (Salomon v Salomon (1897)). Any acts that are carried out by a company are in its own name and not in the name of its members and officers. Thus, a company has power to enter into contracts, purchase property, sue in its own name, acquire funds, etc. (Academia, 2015) A company once formulated has limited liability, which implies that the liability of the shareholders is limited and cannot be imposed with financial burden beyond the extent of their shareholdings (Puig, 2000) The salaries and dividend of the directors are taxed separately, thus, by taking dividends they can minimise their NIC contribution. A company is ageless, that is, it has perpetual succession. A company never dies and thus even if all company members cease to exist, a company keeps on running. This is because a company is an artificial legal person and has distinct personality. (The Law Teacher, 2016) The Corporation Tax is 21% and which is very less. There is professionalism found in a company. The shares are easily transferrable. The company name is distinct and cannot be used or acquired by any other person or business form. Tax advantage can be acquired on employees executive pensions. Thus, these are the various advantages that are part of a company and which lacks in a partnership firm, thereby making a Limited Liability company a better choice to run a business. Further, there are few drawbacks in a partnership which also establishes that a company must be established in place of a partnership. Such as, a partnership has no separate legal personality, thus, the acts of the partnership will make the partners liable and vice versa. Further, there is no limited liability and thus the partners are liable to all the losses of the partnership. Also, there are chances of disputes as normally all partners are part of decision making process. The partnership cease to exist as soon as a partner dies or leaves the firm and a new partner is entered. Thus there is no perpetual succession. (Startupdonut, 2015) Thus, considering the advantages of a company and drawback of a firm, it is justified in submitting that establishing business in company form is a better choice. The Equality Act 2010 The client employs 100 people. In order to make sure that he comply with all laws and to avoid expensive claims from the employees (because of non-compliance of the laws), it is necessary to evaluate the steps that he must undertake. In order to do so the Equality Act 2010 is evaluated. The Equality Act 2010 has brought all the prior legislations under one head and has also strengthened some of the earlier provisions. It is now important to evaluate the provisions of the Equality Act 2010 so that unnecessary claims against the organisation by the employees can be avoided. One of the prominent features of the Equality Act 2010 is its Protected Characteristics. The same are established under section 4 of the Equality Act 2010. The various characteristics are: (ACAS, 2016) That every employee is protected and no regard must be made to his or her age while complying with the protection (section 5). The Equality Act 2010 permits the employee to remain absent from work if undergoing gender reassignment. Any discrimination made regarding the same is not permissible under section 7 of the Equality Act, 2010. The Act strictly made provisions regarding disability. As per section 6, schedule 1, if any unfair treatment is carried out towards any employees because of disability or like then such acts are not permissible, such as, any information which highlights the disability of the prospective employee is not allowed unless and until specific provision is made in such regard. Specifiable protections and safeguard are provided to pregnant women employees under section 9 of the Equality Act 2010. An employer has an obligation to treat all the employees alike and no gender preference is allowed. He must not make any discrimination on the basis of sex unless and until special provisions regarding the same is made. Any deviation is considered violation of section 11 of the Equality Act 2010. An employer must not discriminate its employees on the basis of Race and Religion and Belief as per section 10 of the Equality Act 2010. The concept of Sexual Orientation is safeguarded under section 12 of the Equality Act 2010. These are some of the protected characteristics that are obligatory on an employer to follow. The employer is also not permitted to make any kind of discrimination that is direct or indirect discrimination. A Direct Discrimination is lay down in section 13 of the Equality Act 2010 and which submits that when an employee is having protected characteristics and the employer acts in a manner wherein he gave favour to one employee over another then the employee is making direct discrimination. Whereas Indirect Discrimination is lay down in section 19 of the Equality Act 2010. It submits that the policies and rules framed which are advantageous to one employee but disadvantageous to another (mainly because of their protected characteristics) then it is a kind of indirect discrimination that is done by the employer and is not permissible under law. (Youngs, 2014) The employer must also make sure that: No discrimination by Perception is carried out, that is, when one person perceived that another person is having protected characteristics and then there is discrimination by an employer. No Victimization is undertaken by an employer as per section 27 of the Equality Act 2010. When an employee is part of the complaint that is filed against the organisation and if an employer treats such employee who has supported he complaint in awful manner then such acts of the employer is called victimization of employee and is not permissible. An employer is not permitted to harass any employee and is laid down in section 26 of the Equality Act 2010. Also, an employer can protect himself and the organisation from employee claims provided an employer apart from complying with protected characteristics and avoiding any kind of discrimination, victimization, harassment etc, must: An employer is not permitted to advertise for a job which establishes gender discrimination or age discrimination unless and until the discrimination is the main essential for the performance of the job. Comply with the provisions of section 77 of the Equality Act 2010. Section 77 emphasis the concept of Equal Pay without any gender discrimination. It submits that if equal work is undertaken by both men and women then they both are eligible for equal pay without any gender discrimination. It is necessary that whenever an employer is undertaking the activity of recruitment then the same must be clear and unambiguous. If the process is found to be discriminatory then it is nothing but violation of Equality Act 2010. For instance, if the recruitment process discriminates on the basis of age, gender, etc then the same is not permissible. As per the Equality Act 2010, an employer is permissible to seek information related to health of the employee provided the same is the basic requirement of the job offered, but, beyond that the employer is not permissible to seek any health information related to the employee. An employer prior fixing the pay and benefits of the employee must consider some of the factors, such as, employees skills, rate which is applicable in the same sector, employees performance, etc. an employer must make sure that no discrimination must be made while allotting any kind of benefits and pays to the employees. Any discrimination must be based on proper reasoning provided by the employer. An employer must make sure that while fixing the working hours of the employees no discrimination must be made. In order to enhance the performance of an employee it is important that an employer must timely promote and transfer an employee. While doing so it is necessary that no discrimination must be made. If the same is done the it is contrary to the provisions of the Equality Act 2010. It is necessary that an employer must make sure that he implements such policies, rules and procedures that educate and train the employees so that better results can be achieved. Also, the employer must make sure that proper policies and rules must be framed so that an employee can seek the benefits of promotions and transfers. This will help in the enhancements of the loyalty and moral of the employees. Training must also be provided so that an employee must adhere himself with the latest technologies and skills so that he can produce much better results. An employer must make sure that the training, education, etc must be provided by an employer to the employee without any discrimination. It is important that any disciplinary procedure undertaken by an employer upon the employee must not be fair and reasonable and must adhere to changes as an hen the need arises. Hence, these are the provisions of the Equality Act 2001 and various procedures that must be comply by an employer in order to avoid any kind of undue hardship from the employees. But, if suppose the employer is not able to comply with the adequate procedure and does not follow the provisions of the Equality Act 2010, then, in such scenario section 124 of the Equality Act 2010 is applicable. As per the section the Employment Tribunal is authorised to lay down the procedure that must be followed by the employer and the organisation in order o avoid any kind of discrimination and hardship upon the employee. The procedure laid down by the tribunal is not binding but can be used as a support to lay evidence. Thus, all the above provisions and regulations must be followed in order to avoid any kind of expensive claims from the employees. Bibliography Books/Articles/Journals Chris D, Separate personality and limited liability are cornerstones of UK Company law. Discuss with reference to advantages and disadvantages of separate personality (2016). Fibbe G, EC Law Aspects of Hybrid Entities (2009) Puig G A, A Two-Edged Sword: Salomon and the Separate Legal Entity Doctrine (2000). Youngs R, English, French German Comparative Law (2014) Routledge McCahery Vermeulen, The Governance of Close Corporations and Partnerships:US and European Perspectives (2004) Oxford University press. Case Law Lee v Lees Air Farming Ltd(1960). Salomon v Salomon (1897). Online Material ACAS, The Equality Act Whats new for employers? (2016) https://www.acas.org.uk/media/pdf/n/8/Equality_Act_2010_guide_for_employers-accessible-version-Nov-2011.pdf. Academia, Separate Legal personality and Limited Liability are cornerstones of UK Company Law. Discuss with reference to advantages and disadvantages of separate legal personality (2015) https://www.academia.edu/9819084/_Separate_personality_and_limited_liability_are_cornerstones_of_UK_Company_law._Discuss_with_reference_to_advantages_and_disadvantages_of_separate_personality. Spadaccini M, Entrepreneur, (2009) https://www.entrepreneur.com/article/200516. Startupdonut, Should You trade as a partnership or a limited company (2015) https://www.startupdonut.co.uk/blog/2014/03/should-you-trade-partnership-or-limited-company The Law Teacher, A company is an artificial person created by law (2016) https://www.lawteacher.net/free-law-essays/business-law/a-company-law-essays.php.

Past Year Question Pad120 Essay Example

Past Year Question Pad120 Essay UNIVERSITI TEKNOLOGI MARA(UiTM) PAD 120: Introduction to Political Science PAST EXAMINATION QUESTION PAPERS (2007 – 2010) COURSE: INTRODUCTION TO POLITICAL SCIENCE COURSE CODE : PAD 120 EXAMINATION : OCTOBER 2010 TIME : 3 HOURS This question paper consists of two (2) parts. Part A (5 Questions) Part B (4 Questions) Answer ALL questions from Part A and any two (2) questions from Part B in the Answer Booklet. Start each answer on a new page. PART A QUESTION 1 a) Define Politics. (5 marks) b) Explain the relationship between economics and political science. 5 marks) QUESTION 2 Explain TWO(2) criticisms of the theory of separation of powers. (10 marks) QUESTION 3 Describe the theory of force. (10 marks) QUESTION 4 Explain the concept of constitutionalism . Provide examples to support your answer. (10 marks) QUESTION 5 Describe TWO(2) types of sovereignty. (10 marks) PART B QUESTION 1 Describe FOUR (4) disadvantages of democracy. (25 marks) QUESTION 2 Elaborate on TWO (2) types of law. (25 marks) QUESTION 3 Describe FOUR (4) elements of the State. (25 marks) QUESTION 4 Elaborate on FOUR (4) merits of a federal government. (25 marks) END OF QUESTION PAPER COURSE: INTRODUCTION TO POLITICAL SCIENCE COURSE CODE: PAD 120 EXAMINATION: APRIL 2010 TIME : 3 HOURS This question paper consists of two (2) parts: PART A (5 Questions) PART B (4 Questions) Answer ALL questions from Part A and any two (2) questions from PART B in the Answer Booklet. Start each answer on a new page. PART A QUESTION 1 Elaborate on any TWO (2) disadvantages of an unwritten constitution. (10 marks) QUESTION 2 Describe any TWO (2) features of Theory of Force. (10marks) QUESTION 3 Explain any TWO (2) concepts of constitutionalism. (10 marks) QUESTION 4 Explain custom and adjudication as TWO (2) important sources of law. (10 marks) QUESTION 5 Describe any TWO (2) types of autocracy. (10 marks) PART B QUESTION 1 Elaborate on any FOUR (4) methods to carry out research in political science. (25 marks) QUESTION 2 Elaborate on any TWO (2) merits and demerits of unitary government. (25 marks) QUESTION 3 Describe any FOUR (4) features of a presidential form of government. (25 marks) QUESTION 4 Elaborate on any FOUR (4) characteristics of sovereignty. (25 marks) END OF QUESTION PAPER COURSE: INTRODUCTION TO POLITICAL SCIENCE COURSE CODE: PAD 120 We will write a custom essay sample on Past Year Question Pad120 specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Past Year Question Pad120 specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Past Year Question Pad120 specifically for you FOR ONLY $16.38 $13.9/page Hire Writer EXAMINATION: OCTOBER 2009 TIME : 3 HOURS This question paper consists of two (2) parts: PART A (5 Questions) PART B (4 Questions) Answer ALL questions from PART A and any two (2) questions from PART B in the Answer Booklet. Start each answer on a new page. PART A QUESTION 1 Explain any TWO (2) scopes of political science. (10 marks) QUESTION 2 Identify any Two (2) disciplines of social science that are interrelated with the study of political science. (10 marks) QUESTION 3 Explain any TWO (2) sources of power. (10 marks) QUESTION 4 Describe ONE (1) advantage and ONE (1) disadvantage of a written constitution. (10 marks) QUESTION 5 Elaborate on any TWO (2) elements that constitute a state. (10 marks) PART B QUESTION 1 Elaborate on any FOUR (4) sources of law. (25 marks) QUESTION 2 Elaborate on any TWO (2) merits and any TWO (2) demerits of democracy. (25 marks) QUESTION 3 Describe any FOUR (4) types of sovereignty. (25 marks) QUESTION 4 Elaborate on any FOUR (4) characteristics of a presidential form of government. (25 marks) COURSE: INTRODUCTION TO POLITICAL SCIENCE COURSE CODE: PAD 120 EXAMINATION: APRIL 2009 TIME : 3 HOURS This question paper consists of two(2) parts: PART A (5 Questions) PART B (4 Questions) Answer ALL questions from PART A and two (2) questions from PART B. PART A QUESTION 1 Describe any TWO (2) arguments to support the study of political science as a science. (10 marks) QUESTION 2 Describe any TWO (2) features of the Force Theory of the origin of state. (10 marks) QUESTION 3 Elaborate on any TWO (2) characteristics of law. (10 marks) QUESTION 4 Explain any Two (2) features of a good constitution. (10 marks) QUESTION 5 Elaborate on any TWO (2) types of sovereignty. (10 marks) PART B QUESTION 1 Discuss any FOUR (4) features of democracy. (25 marks) QUESTION 2 Elaborate on any FOUR (4) types of autocracy. (25 marks) QUESTION 3 Discuss any FOUR (4) features of the federal form of government. (25 marks) QUESTION 4 Elaborate on any FOUR (4) essential elements of the state. (25 marks) END OF QUESTION PAPER COURSE : INTRODUCTION TO POLITICAL SCIENCE COURSE CODE : PAD 120 EXAMINATION : OCTOBER 2008 TIME : 3 HOURS This question paper consists of two (2) parts: PART A (5 questions) PART B (4 questions) Answer ALL questions from PART A and two (2) questions from PART B. PART A QUESTION 1 Explain public administration and international relations as sub-fields of political science. (10 marks) QUESTION 2 Describe the meaning of popular sovereignty and legal sovereignty. (10 marks) QUESTION 3 Explain any TWO (2) features of a constitution. (10 marks) QUESTION 4 Power is a complex subject in political science. Elaborate on any TWO (2) sources of power. (10 marks) QUESTION 5 Describe population and government as the elements of the state. (10 marks) PART B QUESTION 1 Elaborate on FOUR (4) features of the unitary form of government. (25 marks) QUESTION 2 Discuss any FOUR (4) features of the Social Contract Theory of the origin of the state. (25 marks) QUESTION 3 Compare any FOUR (4) differences between unitary and federal forms of government. (25 marks) QUESTION 4 Law is made to regulate an individual’s and a group’s conduct. Explain any FOUR (4) sources of law. (25 marks) END OF QUESTION PAPER AM/APR 2008/PAD 120 UNIVERSITI TEKNOLOGI MARA COURSE : INTRODUCTION TO POLITICAL SCIENCE COURSE CODE: PAD120 EXAMINATION: APRIL 2008 TIME : 3 HOURS Answer ALL questions in PART A and TWO (2) questions from PART B. PART A QUESTION 1 Elaborate on any TWO (2) ways for a leader to obtain authority. (10 marks) QUESTION 2 Describe any TWO (2) characteristics of monarchy government. (10 marks) QUESTION 3 Elaborate on any TWO (2) features of the theory of Divine Rights in the origin of the state. (10 marks) QUESTION 4 Explain TWO (2) criticisms in the practice of the separation of powers. (10 marks) QUESTION 5 Describe ONE (1) advantage and ONE (1) disadvantage of a flexible constitution. (10 marks) PART B QUESTION 1 a) Define Political Science. (5 marks) b) Explain any FOUR (4) methods used by the political scientist in the study of political science. 20 marks) QUESTION 2 a) Define sovereignty. (5 marks) b) Differentiate with examples internal sovereignty from external sovereignty. (20 marks) QUESTION 3 a) Define government. (5 marks) b) Differentiate the practices of a parliamentary system from a presidential system. (20 marks) QUESTION 4 a) Define autocracy. (5 marks) b) Elaborate on any FOUR (4) forms of autocracy. (20 marks) END OF QUESTION PAPER AM/OCT 2007/PAD 120 _____________________________________________________________________________________ UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION _____________________________________________________________________________________ COURSE : INTRODUCTION TO POLITICAL SCIENCE COURSE CODE : PAD 120 EXAMINATION : OCTOBER 2007 TIME : 3 HOURS INSTRUCTIONS TO CANDIDATES 1. This question paper consists of two (2) parts. PART A (5 Questions) PART B (4 Questions) 2. Answer ALL questions from PART A and Two questions from PART B. 3. Answer to each question must be written in the Answer Booklet. Start each answer on a new page. 4. Do not bring any material into the examination room unless permission is given by the invigilator. 5. Please check to make sure that this examination pack consists of : i) the Question Paper ii) an answer Booklet provided by the Faculty. PART A ANSWER ALL QUESTIONS QUESTION 1 Explain any TWO (2) benefits of the study of Political Science to a student. (10 marks) QUESTION 2 The study of Political Science can be considered as a science. Identify any TWO (2) arguments to support the statement. (10 marks) QUESTION 3 Explain any TWO (2) ways for a government to achieve legitimacy. (10 marks) QUESTION 4 Discuss any TWO (2) functions of the state. (10 marks) QUESTION 5 Explain any TWO (2) features of evolutionary or historical theory on the origin of state. (10 marks) PART B ANSWER TWO (2) QUESTIONS ONLY. QUESTION 1 Elaborate on any FOUR (4) types of law. (25 marks) QUESTION 2 Describe any FOUR (4) methods of establishing a constitution. 25 marks) QUESTION 3 Elaborate on FOUR (4) differences between unitary and federal forms of government. (25 marks) QUESTION 4 Discuss FOUR (4) weaknesses of democracy. (25 marks) END OF QUESTION PAPER UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION COURSE : INTRODUCTION TO POLITICAL SCIENCE COURSE CODE : PAD 120 EXAMINATION : APRIL 2007 TIME : 3 HOURS INSTRUCTIONS TO CANDIDATES 1. This question paper consists of TWO (2) parts. PA RT A ( 5 Questions) PART B ( 4 Questions). 2. Answer ALL questions from PART A and TWO (2) questions from PART B. 3. Answers to all questions must be written in the Answer Booklet. Start each answer on a new page. 4. Do not bring any material into the examination room unless permission is given by the invigilator. 5. Please check to make sure that this examination pack consists of: i) the Question Paper ii) an Answer Booklet provided by the Faculty _________________________________________________ AM/APR 2007/PAD120 PART A ANSWER ALL QUESTIONS. QUESTION 1 Describe any two (2) methods used by researchers in the field of political science. (10 marks) QUESTION 2 Explain briefly two (2) rationale of separation of powers. 10 marks) QUESTION 3 Elaborate on two (2) ways in which a government obtains authority. (10 marks) QUESTION 4 Elaborate on two (2) types of constitution. (10 marks) QUESTION 5 Describe two (2) types of democracy. (10 marks) PART B Answer any TWO (2) of the following: QUESTION 1 Explain any TWO (2) advantages and TWO (2) disadvantages of parliamentary government. (25 marks) QUESTION 2 Explain FOUR (4) characteristics of sovereignty. (25 marks) QUESTION 3 Describe FOUR (4) essential elements of a State. (25 marks) QUESTION 4 Elaborate on FOUR (4) sources of law. (25 marks) END OF QUESTION PAPER Past Year Question Pad120 Essay Example Past Year Question Pad120 Essay UNIVERSITI TEKNOLOGI MARA(UiTM) PAD 120: Introduction to Political Science PAST EXAMINATION QUESTION PAPERS (2007 – 2010) COURSE: INTRODUCTION TO POLITICAL SCIENCE COURSE CODE : PAD 120 EXAMINATION : OCTOBER 2010 TIME : 3 HOURS This question paper consists of two (2) parts. Part A (5 Questions) Part B (4 Questions) Answer ALL questions from Part A and any two (2) questions from Part B in the Answer Booklet. Start each answer on a new page. PART A QUESTION 1 a) Define Politics. (5 marks) b) Explain the relationship between economics and political science. 5 marks) QUESTION 2 Explain TWO(2) criticisms of the theory of separation of powers. (10 marks) QUESTION 3 Describe the theory of force. (10 marks) QUESTION 4 Explain the concept of constitutionalism . Provide examples to support your answer. (10 marks) QUESTION 5 Describe TWO(2) types of sovereignty. (10 marks) PART B QUESTION 1 Describe FOUR (4) disadvantages of democracy. (25 marks) QUESTION 2 Elaborate on TWO (2) types of law. (25 marks) QUESTION 3 Describe FOUR (4) elements of the State. (25 marks) QUESTION 4 Elaborate on FOUR (4) merits of a federal government. (25 marks) END OF QUESTION PAPER COURSE: INTRODUCTION TO POLITICAL SCIENCE COURSE CODE: PAD 120 EXAMINATION: APRIL 2010 TIME : 3 HOURS This question paper consists of two (2) parts: PART A (5 Questions) PART B (4 Questions) Answer ALL questions from Part A and any two (2) questions from PART B in the Answer Booklet. Start each answer on a new page. PART A QUESTION 1 Elaborate on any TWO (2) disadvantages of an unwritten constitution. (10 marks) QUESTION 2 Describe any TWO (2) features of Theory of Force. (10marks) QUESTION 3 Explain any TWO (2) concepts of constitutionalism. (10 marks) QUESTION 4 Explain custom and adjudication as TWO (2) important sources of law. (10 marks) QUESTION 5 Describe any TWO (2) types of autocracy. (10 marks) PART B QUESTION 1 Elaborate on any FOUR (4) methods to carry out research in political science. (25 marks) QUESTION 2 Elaborate on any TWO (2) merits and demerits of unitary government. (25 marks) QUESTION 3 Describe any FOUR (4) features of a presidential form of government. (25 marks) QUESTION 4 Elaborate on any FOUR (4) characteristics of sovereignty. (25 marks) END OF QUESTION PAPER COURSE: INTRODUCTION TO POLITICAL SCIENCE COURSE CODE: PAD 120 We will write a custom essay sample on Past Year Question Pad120 specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Past Year Question Pad120 specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Past Year Question Pad120 specifically for you FOR ONLY $16.38 $13.9/page Hire Writer EXAMINATION: OCTOBER 2009 TIME : 3 HOURS This question paper consists of two (2) parts: PART A (5 Questions) PART B (4 Questions) Answer ALL questions from PART A and any two (2) questions from PART B in the Answer Booklet. Start each answer on a new page. PART A QUESTION 1 Explain any TWO (2) scopes of political science. (10 marks) QUESTION 2 Identify any Two (2) disciplines of social science that are interrelated with the study of political science. (10 marks) QUESTION 3 Explain any TWO (2) sources of power. (10 marks) QUESTION 4 Describe ONE (1) advantage and ONE (1) disadvantage of a written constitution. (10 marks) QUESTION 5 Elaborate on any TWO (2) elements that constitute a state. (10 marks) PART B QUESTION 1 Elaborate on any FOUR (4) sources of law. (25 marks) QUESTION 2 Elaborate on any TWO (2) merits and any TWO (2) demerits of democracy. (25 marks) QUESTION 3 Describe any FOUR (4) types of sovereignty. (25 marks) QUESTION 4 Elaborate on any FOUR (4) characteristics of a presidential form of government. (25 marks) COURSE: INTRODUCTION TO POLITICAL SCIENCE COURSE CODE: PAD 120 EXAMINATION: APRIL 2009 TIME : 3 HOURS This question paper consists of two(2) parts: PART A (5 Questions) PART B (4 Questions) Answer ALL questions from PART A and two (2) questions from PART B. PART A QUESTION 1 Describe any TWO (2) arguments to support the study of political science as a science. (10 marks) QUESTION 2 Describe any TWO (2) features of the Force Theory of the origin of state. (10 marks) QUESTION 3 Elaborate on any TWO (2) characteristics of law. (10 marks) QUESTION 4 Explain any Two (2) features of a good constitution. (10 marks) QUESTION 5 Elaborate on any TWO (2) types of sovereignty. (10 marks) PART B QUESTION 1 Discuss any FOUR (4) features of democracy. (25 marks) QUESTION 2 Elaborate on any FOUR (4) types of autocracy. (25 marks) QUESTION 3 Discuss any FOUR (4) features of the federal form of government. (25 marks) QUESTION 4 Elaborate on any FOUR (4) essential elements of the state. (25 marks) END OF QUESTION PAPER COURSE : INTRODUCTION TO POLITICAL SCIENCE COURSE CODE : PAD 120 EXAMINATION : OCTOBER 2008 TIME : 3 HOURS This question paper consists of two (2) parts: PART A (5 questions) PART B (4 questions) Answer ALL questions from PART A and two (2) questions from PART B. PART A QUESTION 1 Explain public administration and international relations as sub-fields of political science. (10 marks) QUESTION 2 Describe the meaning of popular sovereignty and legal sovereignty. (10 marks) QUESTION 3 Explain any TWO (2) features of a constitution. (10 marks) QUESTION 4 Power is a complex subject in political science. Elaborate on any TWO (2) sources of power. (10 marks) QUESTION 5 Describe population and government as the elements of the state. (10 marks) PART B QUESTION 1 Elaborate on FOUR (4) features of the unitary form of government. (25 marks) QUESTION 2 Discuss any FOUR (4) features of the Social Contract Theory of the origin of the state. (25 marks) QUESTION 3 Compare any FOUR (4) differences between unitary and federal forms of government. (25 marks) QUESTION 4 Law is made to regulate an individual’s and a group’s conduct. Explain any FOUR (4) sources of law. (25 marks) END OF QUESTION PAPER AM/APR 2008/PAD 120 UNIVERSITI TEKNOLOGI MARA COURSE : INTRODUCTION TO POLITICAL SCIENCE COURSE CODE: PAD120 EXAMINATION: APRIL 2008 TIME : 3 HOURS Answer ALL questions in PART A and TWO (2) questions from PART B. PART A QUESTION 1 Elaborate on any TWO (2) ways for a leader to obtain authority. (10 marks) QUESTION 2 Describe any TWO (2) characteristics of monarchy government. (10 marks) QUESTION 3 Elaborate on any TWO (2) features of the theory of Divine Rights in the origin of the state. (10 marks) QUESTION 4 Explain TWO (2) criticisms in the practice of the separation of powers. (10 marks) QUESTION 5 Describe ONE (1) advantage and ONE (1) disadvantage of a flexible constitution. (10 marks) PART B QUESTION 1 a) Define Political Science. (5 marks) b) Explain any FOUR (4) methods used by the political scientist in the study of political science. 20 marks) QUESTION 2 a) Define sovereignty. (5 marks) b) Differentiate with examples internal sovereignty from external sovereignty. (20 marks) QUESTION 3 a) Define government. (5 marks) b) Differentiate the practices of a parliamentary system from a presidential system. (20 marks) QUESTION 4 a) Define autocracy. (5 marks) b) Elaborate on any FOUR (4) forms of autocracy. (20 marks) END OF QUESTION PAPER AM/OCT 2007/PAD 120 _____________________________________________________________________________________ UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION _____________________________________________________________________________________ COURSE : INTRODUCTION TO POLITICAL SCIENCE COURSE CODE : PAD 120 EXAMINATION : OCTOBER 2007 TIME : 3 HOURS INSTRUCTIONS TO CANDIDATES 1. This question paper consists of two (2) parts. PART A (5 Questions) PART B (4 Questions) 2. Answer ALL questions from PART A and Two questions from PART B. 3. Answer to each question must be written in the Answer Booklet. Start each answer on a new page. 4. Do not bring any material into the examination room unless permission is given by the invigilator. 5. Please check to make sure that this examination pack consists of : i) the Question Paper ii) an answer Booklet provided by the Faculty. PART A ANSWER ALL QUESTIONS QUESTION 1 Explain any TWO (2) benefits of the study of Political Science to a student. (10 marks) QUESTION 2 The study of Political Science can be considered as a science. Identify any TWO (2) arguments to support the statement. (10 marks) QUESTION 3 Explain any TWO (2) ways for a government to achieve legitimacy. (10 marks) QUESTION 4 Discuss any TWO (2) functions of the state. (10 marks) QUESTION 5 Explain any TWO (2) features of evolutionary or historical theory on the origin of state. (10 marks) PART B ANSWER TWO (2) QUESTIONS ONLY. QUESTION 1 Elaborate on any FOUR (4) types of law. (25 marks) QUESTION 2 Describe any FOUR (4) methods of establishing a constitution. 25 marks) QUESTION 3 Elaborate on FOUR (4) differences between unitary and federal forms of government. (25 marks) QUESTION 4 Discuss FOUR (4) weaknesses of democracy. (25 marks) END OF QUESTION PAPER UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION COURSE : INTRODUCTION TO POLITICAL SCIENCE COURSE CODE : PAD 120 EXAMINATION : APRIL 2007 TIME : 3 HOURS INSTRUCTIONS TO CANDIDATES 1. This question paper consists of TWO (2) parts. PA RT A ( 5 Questions) PART B ( 4 Questions). 2. Answer ALL questions from PART A and TWO (2) questions from PART B. 3. Answers to all questions must be written in the Answer Booklet. Start each answer on a new page. 4. Do not bring any material into the examination room unless permission is given by the invigilator. 5. Please check to make sure that this examination pack consists of: i) the Question Paper ii) an Answer Booklet provided by the Faculty _________________________________________________ AM/APR 2007/PAD120 PART A ANSWER ALL QUESTIONS. QUESTION 1 Describe any two (2) methods used by researchers in the field of political science. (10 marks) QUESTION 2 Explain briefly two (2) rationale of separation of powers. 10 marks) QUESTION 3 Elaborate on two (2) ways in which a government obtains authority. (10 marks) QUESTION 4 Elaborate on two (2) types of constitution. (10 marks) QUESTION 5 Describe two (2) types of democracy. (10 marks) PART B Answer any TWO (2) of the following: QUESTION 1 Explain any TWO (2) advantages and TWO (2) disadvantages of parliamentary government. (25 marks) QUESTION 2 Explain FOUR (4) characteristics of sovereignty. (25 marks) QUESTION 3 Describe FOUR (4) essential elements of a State. (25 marks) QUESTION 4 Elaborate on FOUR (4) sources of law. (25 marks) END OF QUESTION PAPER

What is Corporate Governance †Business Essay

What is Corporate Governance – Business Essay Free Online Research Papers What is Corporate Governance Business Essay Stakeholder – Any one with a vested interest in the business. Includes shareholders, managers, employees, community, suppliers, buyer’s etc: any one who uses or relies on the business in some way. Definition from â€Å"Business Studies Excel† Start of the essay with a summary of the year’s performance, this is found on page one. This summary outlines the performance of the company throughout the last financial year. Although it does not analyse it in great detail it allows the stakeholder to have a brief description of the companies whereabouts in respect to its market share and the way the company is heading. It outlines to the stakeholder the weaknesses of the company and how these weaknesses are going to be dealt with during the next financial year. It also outlines the coming years focus’s for the business. This reflective summary of the previous year past gives minimal but effective insight. Chairman’s report and Management’s discussion and Analysis depict positive corporate governance. The Chairman’s report emphasized the fact that it was a hard year for Greens and outlines the major causes of their downfall, (Pasta problems, Share Problems and the drivers of these problems, also the change in management and the board also contributed to this. It then lists the consequences of these changes. This demonstrates Greens attempt to clarify with its stakeholders where the company went wrong throughout the year and the factors that contributed to these wrong doings. It then goes through and list the factors that are strong in the company, despite the companies weak performance in certain aspects of their products. It outlines to the stakeholders how each aspect of the businesses sale items performed. The Management’s Discussion and Analysis is excellent in answering the stakeholder’s questions in relation to market share, and financial performances. It runs through the major headings that the stakeholders want to know about, (Market position, Products, Sale Revenue, Profit, Debt and expenses, sales performance. Environmental Aspects are then introduced when the effect of the drought on the cost of raw materials in mentioned. (Need to elaborate on). Especially in the food manufacturing industry it is important for shareholders in particular to know how specific products and lines are performing statistically. As the food industry is also a seasonal product, consumer’s tastes and food preference will change throughout the year; therefore stakeholder must be kept informed as to these changes. Greens have done this very well, using brief to the point detail that leads into the in-depth fact and figures later on in the report. The Directors Report is composed by a number of director’s states the names of the directors on the Greens board. It gives a brief description of each and their role in the business. A review of results of operation is then reviewed. It states that â€Å" The Green Family disposed of the majority of their shareholdings. Czarvan PTY LTD, Guinness Peat Group and Continental Venture Capital LTD are now significant shareholders† This is a statement that directly relates to the social structure of the company. The fact that the Green family disposed of their shares to large businesses such as Guinness Peat and other large companies without and hassle implies that they are a strong social company. That is they have other businesses like them working in their favor. On page 9 a section on Corporate Governance and a full report on the companies adherence to corporate governance can be found on page 51 of the report. (I will analyse this later.) When talking about corporate governance use quotes that depict how important it is to the company. â€Å"In recognizing the need for the highest standards of corporate behavior† pg. 9 Environmental issues are then stated, there is only a small paragraph on this. Share options are then mentioned, these are possible one of the most important aspect to the stakeholders. (Elaborate on why this is so) The amount of shares issued and the cost of shares are stated. Financial Statements essentially present a scorecard of a companys operations. At a certain time, or for a certain period of time, financial statements show what the company owns and what it owes, its profitability, and the companys flows of cash. The three primary Financial Statements are the Balance Sheet, the Income Statement (or Earnings Statement), and the Statement of Changes in Financial Position. A less common Financial Statement is the Statement of Retained Earnings. These are all extremely important to stakeholders of the business. (Expand on why these factors are important) Financial Position – This statement is important to stakeholders as it outlines the company’s assets, liabilities and the overall liquidity of the business. It can be seen in the Greens Annual Report on Financial Position that Total Assets in well in excess of Total Liabilities, (102,655, 000 in assets – 58,856, 000 in liabilities) These figures from the Statement of Financial Position can be used in conjunction with accounting ratios to depict the liquidity of the business. (Go through all the relevant ratios and explain what they mean). This is possibly the most important aspect to stakeholders, knowing whether or not and how liquid the company is. (Go through the most important ratios and apply the figures to them and give percentages of liquidity) Show Acid – Test Ratio, Gross Profit Ratio and Debt to total asset ratio. Cash Flows – The Cash Flow Statement is another important aspect that stakeholders are concerned with. This statement shows where cash is coming and going from in the business, it also displays how much the figures of cash leaving and entering are. Name and explain the main ways that cash in entering and leaving. The statement of significant accounting policies outlines all the significant policies that have been adopted in the preparation of the financial report. There are a few main heading that we should look at and analyse a bit further: Intangibles, Employee entitlements (as this is excellent for the social and corporate governance side of the essay), Artwork and design (environmentally friendly packaging to benefit environment) See customer relations print out for ideas on the social side of Greens, in respect to gaining customer feedback and satisfaction. See environmental printout. Greens indicate and acknowledge that its environment is a key factor in its future outcomes. Expand on this idea Overall the Financial statements of Greens company are quite good in the way that they present the information of financial reports to their stakeholder. It is clear and precise and well explained. The needs of major stakeholders have been met through the many comprehensive Financial Statements that Greens have made available. References : www.corp-gov.com Get Smart Business Studies (pg 88) Author Geoff Wing and Ray Wooby An Introduction to Accounting (pg134) Author – Carrick Martin greens.com.au/dir016/greenspublishing.nsf /Content/ConsumerRelations Research Papers on What is Corporate Governance - Business EssayAnalysis of Ebay Expanding into AsiaMarketing of Lifeboy Soap A Unilever ProductMoral and Ethical Issues in Hiring New EmployeesThe Project Managment Office SystemDefinition of Export QuotasPETSTEL analysis of IndiaTwilight of the UAWOpen Architechture a white paperIncorporating Risk and Uncertainty Factor in CapitalRiordan Manufacturing Production Plan

Constructivism and Problem Based Learning Annotated Bibliography

Constructivism and Problem Based Learning - Annotated Bibliography Example is particular investigation, emphasizes on practicality, while training professionals of different fields, but somehow, does not recommend that, for teaching in school. In the viewpoint of the current paper, children studying in school should also be given assignments, featuring various practical problems to solve, because by this method, their ability to analyze issues will groom, which is a required ability in all fields of life. Megalakaki, O., Sotiriou, S., Savas, S., & Manoussakis, Y. (2012). Problem-based Educational Environments: A Case Study in e-Commerce and Business Planning. Electronic Journal of Research in Educational Psychology 10(1) , 423-446 This study argues, that electronic learning facilities allow learners from various areas to develop their knowledge base, through providing them with integrated access to international libraries. At the same time, offer students an opportunity to consult with leading professionals. In this way, learners could develop in depth understanding of the practical issues of the field. However, in the light of above mentioned source, constructivism is an ideal methodology, while instructing medical students, because in this field problem based method could result in disastrous ramifications, without proper understanding of the medical knowledge. On the other hand, this research believes, that technological aids such as online videos are assisting; language instructors in making their students, learn various foreign languages. In teaching linguistics, professors should encourage their pupils to practice the language in their daily life, because this is the only way to learn, the art of communication, because, human mind initiates the process of self-correction, once the person starts talking in a non-native language. Nevertheless, theoretical background possesses a certain degree of importance in this regard, but ample amount of time should be allocated towards practical learning in the process of developing

Reasons to Appreciate the Family Essay Example | Topics and Well Written Essays - 500 words

Reasons to Appreciate the Family - Essay Example In the beginning of the paper, the author would like to tell about his family. His family is relatively small with only him, his brother, his Mom, and Dad. The author is the eldest child in the family and his baby brother is only 17 years old. The researcher believes that every child should appreciate his or her parents for a lot of reasons. His parents' love had brought him here in this world to enjoy life’s pleasures. The author knows that he can never fully grasp all the toils his mother went through when she carried him in her womb much less the pain that she felt when she finally pushed him out to life. The author tells that he needs not to mention all the nights she stayed up late to take care of him and feed him. She is his best friend and confidante as no one knows all his inner thoughts and emotions. The author doesn’t know what’s in her but she can easily make him open his heart to her and let her know what’s inside it. His mom is really exceptio nal and he admires her so much for her love and courage. Dads are always portrayed as tough, unmovable, and firm yet you’ll be surprised to know that my Dad is different. Though he is tough and unmovable, he made me realized the benefits of his character. His toughness refrains the author from being careless in making decisions and encourages him to be strong. The researcher should also mention that amidst his dad’s firmness, he has a soft heart which enables him to understand his limitations and failures.

Love and Its Tribulations Essay Example for Free

Love and Its Tribulations Essay Love is one of the most sought after things in the world. Love cannot be bought, it can only be found by the lucky few and those who are able to uncover it never want to let it go. In Jane Eyre, our heroine meets Mr. Rochester, who is a possible love interest, when she takes up position as a governess at his estate. There are many things that could hinder their quest for love, like the presence of doubt and suspicion. Other factors that could deter a healthy relationship are their different levels of experience, and their dissimilar personalities. The reason why some relationships do not last long is because of jealousy and distrust. In this case Janes rival is Blanche Ingram. It is true that Jane is not envious of Blanches mind, but she resents Blanches ability to gain the complete attention of Mr. Rochester. It is already evident what Janes reaction will be when other, more desirable women, are in Rochesters presence. Neither of them has publicized their feelings for each other yet they cannot bear the sight of the other with somebody else. Rochester emits his jealousy as well, when Jane receives news of Mrs. Reeds illness. He does not agree with her decision to leave Thornfield, because he is afraid that she may not return. He is resentful of Janes relatives for the reason that he knows that his bond with her could not compare to her family ties. He cannot compete with that kind of familial connection. He only has money to give, and money cannot buy the time Jane spent with her relatives, no matter how badly she was treated . A factor that could complicate a new romance developing is Janes lack of experience with men and Rochesters willingness to take advantage of it. The men she has come across thus far have treated her with cruelty and disdain. For example her cousin John Reed bullied and tortured her from morning until night when she was only a little girl. Jane was never presented with much affection or care by her benefactress, Mrs. Reed. So when she meets Mr. Rochester, she finds herself confused as to what her feelings are towards him. She has never experienced romantic love before, so she does not know if what she is feeling is love or just fondness. And if she does sort out her feelings she would not know how to communicate her emotions to Mr. Rochester. As well, Mr. Rochester is a manipulative man; he enjoys having  power over those around him. This is shown where he misleads Jane into believing that he will marry Blanche Ingram, when his true intent was to marry her. As if he didnt have enough power over her already, being her employer, provider of her home, and her only source of income. His demanding nature and her poor judgement could be detrimental to the progress of forming a serious relationship. Jane is a stubborn being, and this character trait could lead to discrepancies in her associations with Mr. Rochester. Jane is very much aware of her position at Thornfield manor as the governess. She is completely dependent on Mr. Rochester and she does not like it. This is demonstrated when Jane must leave Thornfield to visit her Aunt, and needs money to fund her journey. Mr. Rochester willingly overpays Jane, but her obstinate nature refuses to take more than she earned. Perhaps the reason for Janes cautious-like behaviour can be accounted for by her dismal childhood, which hardened her. She became accustomed to working for everything she received. Mr. Rochesters abundant wealth and generosity, does not help the situation either. For instance if Mr. Rochester offered Jane gifts, she would not accept them and could even feel insulted by the gesture. Also Mr. Rochester would be offended by her decline, therefore both parties would walk away feeling disheveled by each others actions. Their contrasting qualities could inhibit their ability to obtain a functional relationship. These problems will continue to play a role in the downfall of their relationship. Mr. Rochester and Jane have many barriers in their way such as trust issues, differences in experience, and their distinctive personalities. These problems will continue damaging their relationships, unless Jane is able to gain independence from Rochester and they are both willing to compromise for the sake of the other.

The Automobile in Death of a Salesman Essay -- Death Salesman essays

The Automobile in Death of a Salesman      Ã‚  Ã‚  Ã‚   In modern society, most Americans own an automobile. In the wealthier households, a family of four may own as many as three to four automobiles, one for each driver living in the house. However, the automobile has not always been a staple of living in America.   In the 1940s, a family with an automobile was considered well-to-do, as well as wealthy and hard-working.   It is during this time period that Arthur Miller’s play, Death of a Salesman, is set. Miller gives the reader a glimpse into the life of Willy Loman, and in doing so provides an intriguing insight into the common American family of the time. Willy Loman is the everyman, constantly pursuing the â€Å"American Dream.† Part of the â€Å"American Dream† constitutes owning an automobile, which the Lomans do.   However, the importance of the automobile in this play reaches far beyond ownership. In the first scene it is addressed when Willy’s wife Linda asks him worriedly if h e has smashed the car. In the closing scene, Willy commits suicide by smashing his car into a tree. In Death of a Salesman, the automobile plays a major role, functioning both as a symbol and a tangible manifestation of the â€Å"American Dream.†Ã‚      In the opening lines of Death of a Salesman, Linda Loman worries that something has â€Å"happened† to her husband Willy.   After Willy assures her that â€Å"nothing happened,† Linda asks, â€Å"You didn’t smash the car did you?†. This initial exchange sets up the significant role the automobile will have in the events of the play. In Linda’s mind, she instinctively makes the leap from a problem with Willy to a problem with the automobile. Although she is anxious about the state of the family car, Linda is not a materialistic or s... ...n depicts another outmoded character in a society on the brink of great social change.       Works Cited and Consulted:    Lhannon, Jr., W. T. Deliberate Speed: The Origins of a Cultural Style in the American 1950s. Washington: Smithsonian Inst. P., 1990.    Miller, Arthur. Death of a Salesman. New York: Viking P, 1966.    Oakley, J. Ronald. God’s Country: America in the Fifties. New York: Dembner Books, 1990. 245.    Murphy, Brenda and Susan C. W. Abbotson. Understanding Death of a Salesman: A Student Handbook to Cases, Issues and Historical Documents. The Greenwood Press â€Å"Literature in Context† series, Claudia Durst Johnson, series editor. Westwood, CT, London: 1999.    Guth, Hans P. and Gabriel L. Rico.   1993.   Discovering Literature.   â€Å"Tragedy and the Common Man† by Arthur Miller.   Upper Saddle River, NJ: Prentice Hall. The Automobile in Death of a Salesman Essay -- Death Salesman essays The Automobile in Death of a Salesman      Ã‚  Ã‚  Ã‚   In modern society, most Americans own an automobile. In the wealthier households, a family of four may own as many as three to four automobiles, one for each driver living in the house. However, the automobile has not always been a staple of living in America.   In the 1940s, a family with an automobile was considered well-to-do, as well as wealthy and hard-working.   It is during this time period that Arthur Miller’s play, Death of a Salesman, is set. Miller gives the reader a glimpse into the life of Willy Loman, and in doing so provides an intriguing insight into the common American family of the time. Willy Loman is the everyman, constantly pursuing the â€Å"American Dream.† Part of the â€Å"American Dream† constitutes owning an automobile, which the Lomans do.   However, the importance of the automobile in this play reaches far beyond ownership. In the first scene it is addressed when Willy’s wife Linda asks him worriedly if h e has smashed the car. In the closing scene, Willy commits suicide by smashing his car into a tree. In Death of a Salesman, the automobile plays a major role, functioning both as a symbol and a tangible manifestation of the â€Å"American Dream.†Ã‚      In the opening lines of Death of a Salesman, Linda Loman worries that something has â€Å"happened† to her husband Willy.   After Willy assures her that â€Å"nothing happened,† Linda asks, â€Å"You didn’t smash the car did you?†. This initial exchange sets up the significant role the automobile will have in the events of the play. In Linda’s mind, she instinctively makes the leap from a problem with Willy to a problem with the automobile. Although she is anxious about the state of the family car, Linda is not a materialistic or s... ...n depicts another outmoded character in a society on the brink of great social change.       Works Cited and Consulted:    Lhannon, Jr., W. T. Deliberate Speed: The Origins of a Cultural Style in the American 1950s. Washington: Smithsonian Inst. P., 1990.    Miller, Arthur. Death of a Salesman. New York: Viking P, 1966.    Oakley, J. Ronald. God’s Country: America in the Fifties. New York: Dembner Books, 1990. 245.    Murphy, Brenda and Susan C. W. Abbotson. Understanding Death of a Salesman: A Student Handbook to Cases, Issues and Historical Documents. The Greenwood Press â€Å"Literature in Context† series, Claudia Durst Johnson, series editor. Westwood, CT, London: 1999.    Guth, Hans P. and Gabriel L. Rico.   1993.   Discovering Literature.   â€Å"Tragedy and the Common Man† by Arthur Miller.   Upper Saddle River, NJ: Prentice Hall.

Judicial Activism in the Arena of Environmental Law of Bangladesh

AN ASSIGNMENT ON â€Å"JUDICIAL ACTIVISM IN THE ARENA OF ENVIRONMENTAL LAW OF BANGLADESH† Content†¦ TopicPage no. 1. Prologue 1 2. Judicial Activism 3 3. Judicial Restraint 8 4. Difference between Judicial Activism & Judicial Restraint 9 5. General Development and Environment Context of Bangladesh12 6. Major Environmental Issues Facing Bangladesh 14 7. Environmental Law in the Legal Regime of Bangladesh 15 8. Development of Judicial Activism in the Environmental Regime & the ECA 16 9. Administration of Environmental Justice: The Court Cases23 10. Environmental Nuisance should be Mitigated 24 1. Right to Environment 24 12. Access to Justice: Opening up the Horizon of Public Interest Litigation (PIL) 25 13. Right to Participation 25 14. Suo motu Rule against Grabbing Land of Public Garden 26 15. Protecting River from Encroachment 26 16. Checking Industrial Pollution 27 17. Vehicular Pollution to be Reduced 28 18. Judicial Decisions in the Issue of Environment of Bangladesh 29 19. Epilogue 91 Prologue:The issue of environment pollution has become a burning one with the increase of global warming throughout the whole world especially in Bangladesh. The Supreme Courts of different countries are coming forward to meet this issue at the frequent insistence of the environmentalist organizations which are very watchful upon environmental disaster. Though natural calamities cannot be resisted, man-made disasters can be checked to judicial activism i. e. judicial enforcement. With the growing rate of environmental pollution in Bangladesh, judicial activism in the arena of environmental law has been getting stronger here.Before the introduction of the Public Interest Litigation (PIL), there didn’t have any direct access to the court for enforcing environmental issues, but after the introduction of the PIL, environmental issues can directly be settled by the courts. The United Nations Conference on Environment and Development (UNCED) held in Rio de Janei ro from 3 to 14 June 1992 recognized the entitlement of human beings to a healthy and productive life in harmony with nature[1]. The threshold of the Rio Declaration was the recognition of right to evelopment[2] and more importantly sustainable development. With the adoption of Rio, the global community committed to integrate environmental issues into mainstream economic and social policy[3] and reduce and eliminate unsustainable patters of production and consumption[4]. Commitments recorded in the Rio declaration call for legal and judicial activism. When commitment for sustainable development suffers judicial review can be sought on the basis of the Rio principles of ‘common but differentiated responsibilities’[5], ‘polluters pay’[6], ‘precautionary approach’[7] and ‘EIA’[8].While the Rio declaration in Principle 11 requires the states to enact effective environmental legislation and standards, access to judicial and administrati ve review process becomes relevant[9] to uphold people’s rights that such laws would endure. Right to participation and access to environmental decision making process[10] need express legal recognition that the judiciary can safeguard in appropriate instance. The post-Rio developments in the legal and judicial area of Bangladesh have showed respect to the Rio commitments and also the framework of Agenda-21 that requires protection of fragile eco-system and resources.This paper would highlight on the legal and judicial activism in Bangladesh that have contributed in promoting sustainable development and environmental management as pledged by the global community in various international conventions, treaties and protocols. Judicial Activism: Judicial activism is a political term used to describe judicial rulings that are suspected to be based upon personal and political considerations other than existing law. Judicial restraint is sometimes used as an antonym of judicial acti vism.The term may have more specific meaning in certain political contexts. Concerns of judicial activism are closely tied to constitutional interpretation, statutory construction, and separation of powers. Definition Judicial activism refers to â€Å"a philosophy of judicial decision-making whereby judges allow their personal views about public policy among other factors, to guide their decisions, usually with the suggestion that adherents of this philosophy tend to find constitutional violations and are willing to ignore precedent. †[11] If to resolve the dispute, the Court must create a new rule or modify an old one that is law creation. Judges defending themselves acquisitions of judicial activism sometimes say they don’t make law, they only apply it. It is true that in our system, judges are not supposed to and generally don’t make new law with the same freedom that legislatures can and do; they are, in Oliver Wendell Holmes’s phrase, ‘confined from molar to molecular motions. ’ The qualification is important, but the fact remains that judges make, and do not just find and apply law. †[12] Judicial activism† is frequently used in political debate without a clear definition, which has created some confusion over its precise meaning. Bradley Canon posited six dimensions along which judge courts may be perceived as activist are:[13] †¢ Majoritarianism— This dimension takes into account the degree to which policies adopted through the democratic process are judicially overturned. †¢ Interpretive stability— This dimension takes into account the degree to which court decisions alter earlier decisions, doctrines, or constitutional interpretations. Interpretive fidelity— This dimension takes into account the degree to which constitutional provisions are interpreted contrary to the clear intentions of their drafters, or the clear implications of the language used in the provision. †¢ Substance/democratic process— This dimension takes into account the degree to which judicial decisions make substantive policy, as opposed to acting to preserve the democratic political process. †¢ Specificity of policy— This dimension takes into account the degree to which a judicial decision establishes policy itself, as opposed to leaving discretion to other agencies. Availability of an alternate policymaker— This dimension takes into account the degree to which a judicial decision supersedes or inhibits serious consideration of the same problem by other government agencies. Origins Arthur Schlesinger Jr. introduced the term â€Å"judicial activism† to the public in a January 1947 Fortune magazine article titled â€Å"The Supreme Court: 1947. â€Å"[14] According to Keenan Kmiec, in a 2004 article in California Law Review: Schlesinger's article profiled all nine Supreme Court justices on the Court at that time and explained the alliances and divisions among them. The article characterized Justices Black, Douglas, Murphy, and Rutledge as the â€Å"Judicial Activists† and Justices Frankfurter, Jackson, and Burton as the â€Å"Champions of Self Restraint. † Justice Reed and Chief Justice Vinson comprised a middle group. †[15] Debate Detractors of judicial activism charge that it usurps the power of the elected branches of government or appointed agencies, damaging the rule of law and democracy. 16] They argue that an unelected or elected judicial branch has no legitimate grounds to overrule policy choices of duly elected or appointed representatives, in the absence of a real conflict with the constitution. [citation needed] In some instances, government regulation by appointed officers in government agencies are overturned by elected judges. Defenders of judicial prerogatives say that many cases of so called â€Å"judicial activism† merely exemplify judicial review, and that courts must upho ld existing laws and strike down any statute that violates a superseding law.For example, ruling a statute is unconstitutional because it conflicts with the Constitution of a jurisdiction. However, detractors of judicial activism retort that neither democracy nor the rule of law can exist when the law is merely what judges presently say it should be. Defenders counterclaim that indeed this is precisely what the role of the judiciary is, namely to interpret the law. Detractors argue that the discretion of judges must be limited e. g. by the intentions of lawmakers and appointed or elected government officers, or else any group of people ngaged in any behavior could become a judicially protected minority, and any law could be subverted by the predilections of elected or appointed judges. Some proponents of a stronger judiciary argue that the judiciary helps provide checks and balances and should grant itself an expanded role to counterbalance the effects of transient majoritarianism, i. e. there should be an increase in the powers of a branch of government which is not directly subject to the electorate, so that the majority cannot dominate or oppress any particular minority through its elective powers. 17] Moreover, they argue that the judiciary strikes down both elected and unelected official action, that in some instances acts of legislative bodies reflect the view the transient majority may have had at the moment of passage and not necessarily the view the same legislative body may have at the time the legislation is struck down, that the judges that are appointed are usually appointed by previously elected executive officials so that their philosophy should reflect that of those who nominated them, that an independent judiciary is a great asset to civil society since corporations and the wealthy are unable to dictate their version of constitutional interpretation with threat of stopping political donations. Examples The following have been cited as examples of judicial activism: †¢ Mercein v. People – 1840 Connecticut transfers absolute sovereignty over children from parents to the State †¢ Dred Scott v.Sandford – 1857 Supreme court ruling that ruled that people of African descent imported into the United States and held as slaves, or their descendants—whether or not they were slaves—were not protected by the Constitution and could never be citizens of the United States †¢ Plessy v. Ferguson – 1896 Supreme Court ruling declaring racial segregation as constitutional †¢ Brown v. Board of Education – 1954 Supreme Court ruling ordering the desegregation of public schools †¢ Griswold v. Connecticut – 1965 Supreme Court ruling striking down a Connecticut ban on contraception for unmarried individuals †¢ Loving v. Virginia – 1967 Supreme Court ruling striking down Virginia's ban on interracial marriage †¢ Roe v. Wade – 1973 Supreme Court ruling stablishing a constitutional right to abortion †¢ Bowers v. Hardwick – 1986 Supreme Court ruling upholding the constitutionality of Georgia's sodomy law. †¢ Bush v. Gore – 2000 Supreme Court ruling that resolved the 2000 presidential election in favor of George W. Bush. †¢ Lawrence v. Texas – 2003 Supreme Court ruling striking down Texas's criminalization of sodomy †¢ In re Marriage Cases – 2008 California Supreme Court ruling establishing a constitutional right to gay marriage †¢ Citizens United v. Federal Election Commission – 2010 Supreme Court decision overturning Congressionally enacted limitations on corporate political spending[18]Judicial Restraint: Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional. [19] It is sometimes regarded as the opposite of judicial activism. In deciding questions of constitutional law, judicially-restrained jurists go to great lengths to defer to the legislature. Judicial restraint requires the judge to uphold a law whenever possible. Former Associate Justice Felix Frankfurter, a Democrat appointed by Franklin Roosevelt, is generally seen as the â€Å"model of judicial restraint. â€Å"[20]Judicially-restrained judges respect stare decisis, the principle of upholding established precedent handed down by past judges. When the late Chief Justice Rehnquist overturned some of the precedents of the Warren Court, Time Magazine said he was not following the theory of judicial restraint. Difference between Judicial Activism & Judicial Restraint: Judicial activism and judicial restraint are two opposing philosophies when it comes to the Supreme Court justices' interpretations of the United States Constitution; justices appointed by the President to the Supreme Court serve for life, and thus whose decisio ns shape the lives of â€Å"We the people† for a long time to come.Judicial activism is the view that the Supreme Court and other judges can and should creatively (re)interprets the texts of the Constitution and the laws in order to serve the judges' own visions regarding the needs of contemporary society. Judicial activism believes that judges assume a role as independent policy makers or independent â€Å"trustees† on behalf of society that goes beyond their traditional role as interpreters of the Constitution and laws. The concept of judicial activism is the polar opposite of judicial restraint. Judicial restraint refers to the doctrine that judges' own philosophies or policy preferences should not be injected into the law and should whenever reasonably possible construe the law so as to avoid second guessing the policy decisions made by other governmental institutions such as Congress, the President and state legislatures.This view is based on the concept that judg es have no popular mandate to act as policy makers and should defer to the decisions of the elected â€Å"political† branches of the Federal government and of the states in matters of policy making so long as these policymakers stay within the limits of their powers as defined by the US Constitution and the constitutions of the several states. Marbury v. Madison, one of the first US Supreme Court cases asserting the power of judicial review, is an effective argument for this power; however, it lacks direct textual basis for the decision. John Marshall managed to get away with this deficiency because of the silence on many issues and the vague wording of the Constitution.Marshall was also the first to interpret the Constitution loosely, also known as judicial activism. During his term as Supreme Court Chief Justice, Marshall was also successful in loose constructionism through other landmark Supreme Court cases such as Gibbons v. Ogden (â€Å"Emancipation Proclamation† of commerce), and McCulloch v. Maryland (whose decision stated that the states cannot tax a federal bank). These landmark decisions were the basis and the precedent for future Supreme Court cases, and had also provided a means through which the Supreme Court can question the law and even possibly change different facets of life affecting the present and future of â€Å"We the people. â€Å"Liberals and Democrats tend to favor judicial activism as it opens new doors to interpretation and experimentation. However, those that favor judicial restraint on the other hand, and thus favor the status quo and the strict construction of the Constitution are conservatives and Republicans. Two landmark Supreme Court decisions that strictly interpreted the Constitution for its literal meaning were Dred Scott v. Sanford and Plessy v. Ferguson. In the Dred Scott case, the Supreme Court ruled that African Americans did not have the right to sue for their freedom, since they were seen strictly by t he law as property and not even citizens of the United States. As well, in Plessy v.Ferguson the Court ruled that segregation of public schools was not unconstitutional, even though African Americans were still seen as equal citizens due to the 14th Amendment to the Constitution (â€Å"separate but equal†). However, this particular case was then overturned by Brown v. Board of Education, Topeka, Kansas in 1954. The Brown decision, unlike that of Plessy v. Fergusion and Dred Scott v. Sanford expressed judicial activism and ruled racial segregation unconstitutional. Many will protest that the people do not elect the Supreme Court Justices and therefore the Supreme Court should not have the power of judicial activism and change the law of the land.However, as one critic points out, â€Å"No institution in a democratic society could become and remain potent unless it could count on a solid block of public opinion that would rally to it's side in a pinch. † However, anticip ating the nominees to the Supreme Court most likely to be forwarded to the US Senate for confirmation by President George Walker Bush, since Bush is a conservative, he is most likely to favor the philosophy of judicial restraint. Clearly, the Supreme Court is ultimately responsible to the will of the people, and the future ramifications of said choices may indeed lean toward judicial restraint more often than judicial activism, thus favoring the status quo and earlier precedents set by previous Supreme Court decisions.By maintaining independence from politics, the Justices avoid the major problems of political parties and party platforms. Furthermore, the Supreme Court's small size allows the Constitution to speak with a unified voice throughout the country. General Development and Environment Context of Bangladesh: Bangladesh with a total area of 147570 sq. km is home to some 140 million people of which 49 percent are women. The country’s network of 230 rivers runs across 24 140 km[21]. Forests comprise 14 percent of the total land area. Eighty percent of the population is rural. One half of the population lives in poverty and one third in extreme poverty.A further 20 percent of the population are tomorrow’s poor; those who will join the ranks of the poor given the current trends of development and ecological degradation. The agrarian economy of Bangladesh accounts for one-third of the GDP and employs two-thirds of the labour force[22]. The fisheries sector employs about 1. 2 million people[23] while the employment in the forests sector is about 2 percent of the total labour force[24]. Fish still remains the major source of proteins for 60 percent Bangladeshis. Life and livelihoods in Bangladesh, especially for the poor, depends deeply on nature. Any undue interference with water, land, forest, fishery and other environmental resources would inevitably impact the lives of the people of whom 47. percent are income poor and 76. 9 percent capability poor[25]. The relationship of the people of Bangladesh with nature cannot be overemphasized and can be stated from the words of the Secretary General of the UN Mr. Kofi Anan. â€Å"The great majority of Bangladeshis live in rural areas, on the frontlines of resources management, natural disaster and environmental awareness. For them the relationship between human beings and the natural world is a daily reality, not an abstract idea. Our biggest challenge in this new century is to take an idea that seems abstract sustainable development and turn it into a daily reality for the entire world’s people. â€Å"[26]Over time, the gradual degradation of resources particularly land, contamination of water, loss of fisheries, traditional species and depletion of forests became visible in Bangladesh with adverse impact on life and livelihood. In the last decade or so, environmentalists in Bangladesh, the state organs and the citizens groups have rightly identified the depletion of en vironmental resources as a major cause of poverty in the country. There are certain environmental concerns and factors that are the result of activities originating beyond the frontiers of Bangladesh. These include legal questions relating to the use of natural resources like the waters of shared rivers, environmental hazards like the frequent floods, droughts and salinity, global warming, climate change and so on.The efficacy of the environmental legal system in certain areas is dependent on attitudes of neighboring countries and so cannot be redressed unilaterally. The Constitution of Bangladesh affirms commitments to international laws and principles, and Bangladesh is a signatory to most major international conventions, treaties, and protocols on environment. Major Environmental Issues Facing Bangladesh:[27] A. Regional/Global: †¢ Ecological changes due to share water disputes †¢ Maritime boundary dispute and a weaker regime on marine resources †¢ Greenhouse effec t and its consequence on Bangladesh, global warming and climate change †¢ Refugees and migration †¢ Ecological effect caused by trans-boundary acts International trade and environmental regimes such as Trade Related Intellectual Property Rights (TRIPs), General Agreement on Tariff and Trade (GATT), World Trade Organization (WTO), Climate Change Protocols, Convention on Biological Diversity and so on. B. National: †¢ Population and poverty †¢ Degradation of resources (inadequate policies) †¢ Conflict of development with environment; illiteracy vs. ignorance †¢ Pollution of water, air and soil †¢ Destruction of mangrove, tree cover and firewood †¢ Loss of fisheries †¢ Unplanned human settlement †¢ Unplanned urbanization and industrialization †¢ Loss of wildlife †¢ Natural hazards (also to include river erosion) †¢ Contamination of ground water Environmental Law in the Legal Regime of Bangladesh: Sources of Environmental Laws:The main sources of environmental law are the Constitution, statutory laws and by-laws, customs, traditional perceptions and practices, international conventions, treaties and protocols. An investigation into the statutory laws prevailing in Bangladesh would reveal that there are about 187 laws that deal with or have relevance to environment. The compartmentalized administration of the statutory enactment would place the laws on environment under several heads. These would include, land use and administration, water resources, fisheries, forestry, energy and mineral resources, pollution and conservation, wildlife and domestic animals, displacement, vulnerable groups, relief and rehabilitation, local government, rural and urban planning and protection.The laws on physical environment do address issues like occupational rights and safety, public safety and dangerous substances, transportation and safety, cultural and natural heritage and so on. The environmental legislation are s ectorally compartmentalized especially the substantive and administrative rules. The procedural rules for the Courts to administer these laws would be derived mostly from the same general codes, e. g. , the Civil Procedure Code, 1908, the Criminal Procedure Code, 1989 and the Evidence Act, 1872. Development of Judicial Activism in the Environmental Regime & the ECA: The law that deals specifically with environment is the Environment Conservation Act (ECA), 1995[28].The Act has come into force since the June 1995 and to some extent has recognized the Rio principles of precaution, polluters’ pay and people’s participation. The ECA has replaced the earlier Environment Pollution Control Ordinance, 1977 and has added new dimension to environment management by making a shift from ‘pollution control’ to ‘environment conservation’. The recent amendment of the Act in 2002 has given the provisions of the law overriding effect over all other laws[29]. Ac cording to section 2(d) of the ECA environment shall include water, air, land and physical properties. The inter relationship among and between these components of environment and human and other living beings, plants and micro-organisms are also included in the broader definition of environment.The ECA has established the Department of Environment (DoE) and has authorized its Director General (DG) to take all such steps as are necessary for the conservation of environment, improvement of environmental standard and control and mitigation of pollution[30]. In line with Section 11 of the Agenda 21 that calls for conservation and management of resources for development, the ECA in Section 5 has authorized the government to declare areas of great ecological importance as Ecologically Critical Area. Such legal authority would allow the government to declare fragile eco systems as critical or protected areas and bring them under special management system. Section 5 of the ECA reads as fol lows: Declaration of Ecologically Critical Area – (1) If the Government is satisfied that due to degradation of environment the eco-system of any area has reached or is threatened to reach a critical state, the Government may, by notification in the official Gazette, declare such area as ecologically critical area. The Government shall specify, in the notification provided in subsection (1) or in any other separate notification, which of the operations or processes shall be carried out or shall not be initiated in the ecologically critical area. † Under Section 5, the Ministry of Environment and Forests (MoEF) has already declared 8 areas including one mother fishery (wetland), fragile coral island, part of world’s largest mangrove forest as ecologically critical areas[31] and has brought them under special protective measures.Such initiative of the Government of Bangladesh strongly supports its commitment expressed under the various CTPs including the Convention in Biological Diversity, 1992 and the Convention on Wetlands of International importance Especially as Waterfowl Habitat, 1971. Most recently, the cabinet on 22 July 2002 has approved the International Convention on Oil Pollution Preparedness Response and Cooperation, 1990 paving the way to protect its territorial water from oil pollution. Section 2(1) of the Act defines ‘wastes’ and authorizes the Government to determine the standard for discharge and emission of waste including radioactive wastes [Section 20(2)(e)]. Hazardous substance has also been defined [Section 2(i)] and the Government has been authorized to lay down rules for environmentally sound management of hazardous substances and toxic wastes.Although the Government is yet to exercise its rule making powers, these legal developments correspond to the accepted framework of Agenda 21 calling for environmentally sound management of hazardous wastes and substances. At the national frontier, the Government in exercise of its powers under the Agricultural Pesticides Ordinance, 1971[32] has banned the import of ten pesticides for their hazardous impact on vegetation human and animal life[33]. Worth mentioning, Bangladesh has ratified the Basel Convention on the Control of Trans-boundary Movements of Hazardous Wastes and their Disposal, 1989. The country has also signed the recently adopted Stockholm Convention on Persistent Organic Pollutant, 2001 on 23 May 2001. Section 12 of the ECA incorporates the precautionary principle by requiring ndustrial unit or projects to be established after obtaining environmental clearance from the DoE. Any violating unit may be shut down by the DG, DoE. The amended ECA[34] empowers the government to ban products that are harmful to environment and the government, with active participation from the people, has been very successful in banning the production, use and sale of polythene products below 20 macron. The most significant advancements after the enactm ent of the ECA have been the setting up of quality standard for air, water, noise and soil and the formulation of environmental guidelines to control and mitigate pollution. The setting up of such standards has been done through the Environment Conservation Rules framed in 1997.The Rules have detailed out the development where environmental impact assessment (EIA) would be necessary. This has made EIA mandatory for specified projects and industries although procedural details of EIA are yet to follow. The Government may think of making the EIA process participatory ensuring access in decision-making process. The ECA has made it an offence to discharge excessive pollutants and causing damage, direct or indirect, to eco-systems. Sections 7 and 9 of the ECA have in effect incorporated the principle of ‘polluters pay’. Under Section 7 the DG shall require any person including companies responsible for pollution to adopt corrective measures and also to pay good the losses ca used by such pollution.In the event of failure by the polluter to prevent emission of excessive discharge the DG shall initiate the needed remedial measures and the expenses incurred shall be recovered from the polluter as public demand[35]. The ECA tends to ensure access to administrative proceedings and also to participation in the decision making process. Section 8 of the ECA allows a person affected or likely to be affected from the pollution or degradation of environment to apply to the DG for remedying the damage or apprehended damage. The DG may adopt any measures including public hearing for setting such grievance. Under the original Act, cognizance of offence by the courts required a written report from the DG. The requirement of report from DG, DoE would have adverse affect on right to justice. Fortunately, the original Act has been amended in a positive fashion.The requirement of written report although still valid, may be relaxed at the discretion of the judiciary if the re appears to be a prima facie case and also failure on part of DoE to take proper initiative. Amended Section 4A of the ECA has required all statutory agencies to render assistance and services to the DG on his request. Violation of the provisions of the Act has been made an offence and may be visited with a penalty of Taka 10 lakh and/or 10 years of imprisonment[36]. The Act has recently been amended to provide for different punishment for violation of different provisions. For proper implementation of the ECA, it has been proposed to set up environmental courts in the six administrative divisions of the country[37].The proposed courts would administer the environmental offences under the ECA and also other laws as may be notified by the Government in official Gazette. This revolutionary step aims at ensuring speedy trial and disposal of environmental cases. The Act provides in details the investigation and trial procedure for the Courts comprising of members of the subordinate ju diciary. Section 9 of the Act empowers the Environmental Courts to use the fine realized as compensation for the people affected by the environmental offence. The judges for two environmental courts have already been appointed and it is expected that the judicial system will start functioning soon. An amendment to the Forest Act, 1927 in 2000[38] has provided scope for public participation in environmental resource management.The newly added section 28A has given express legal recognition to the concept of social forestry and has empowered the government to make rules requiring an ‘agreed upon management plan’ for social forestry programmes. The rules are in the process of finalization. Another significant piece of law enacted in 2000 is the Open Space Protection Act, 2000[39]. With proper implementation of the law, the respective authorities can protect the natural water bodies including the flood plains of the urban areas from filing up for the sake of urbanization an d development. In addition, legal regime on environment contains provisions recognizing customary rights over forest[40], access to open water fisheries[41] and participation in the development process while finalizing water related schemes[42] and master plan for urban areas[43].Legal regime provides punishment against pollution of territorial waters[44] and prohibits pollution of air, water and soil from agricultural, fishery, industry, vehicle and other sources[45]. Environmental resources like forest and fishery have been given special status for protection purposes. Administration of Environmental Justice: The Court Cases: On the fact of activism by the civil society, the judiciary in Bangladesh has started responding to cases seeking environmental justice. Judicial activism contributes to proper implementation of environmental laws and allows the vast majority of the backward section access to the justice system.As a result of progressive interpretation by the judiciary of som e constitutional and legal provisions, ‘public interest litigation’ (PIL) and ‘right to environment’ have received express legal recognition. The cases decided by the judiciary have tended to activate the executive, create wider awareness and affected the value system of the administration and the society. In the cases on environment decided so far by the judiciary, directions have been given to the government agencies to perform their statutory functions. All these decided cases have addressed issues on sustainable development, precautionary principle, participation and access and are rather landmark decisions. With increased number of PILs in Bangladesh, it can now be said that the environmentalists and the civil society places confidence in the judiciary n redressing the grievance of the downtrodden and the deprived. In deciding some of the cases the judiciary has endorsed the innovations that justice require in one recent incident, the High Court even i ntervened and issued suo moto rule to protect a public garden from encroachment. Environmental Nuisance should be Mitigated: Judicial recognition for protection of environment was first recorded by the High Court[46] in a case that challenged nuisance during election campaign. The judiciary disposed of the case on assurance from the Attorney General to take measures against defacing of public and private property in the name of election campaign. Right to Environment:The judiciary, while deciding on a case involving importation of radiated milk[47] attached broader meaning to the constitutional ‘right to life’ and held â€Å"Right to life is not only limited to the protection of life and limbs but extends to the protection of health and strength of the workers, their means of livelihood, enjoyment of pollution-free water and air, bare necessaries of life, facilities for education, development of children, maternity benefit, free movement, maintenance and improvement of public health by creating and sustaining conditions congenial to good health and ensuring quality of life consistent with human dignity. † Access to Justice: Opening up the Horizon of Public Interest Litigation (PIL): In an appeal from the judgment of the High Court Division dismissing a writ by a local environmentalist group on ground of locus standi, the Appellate Division of the Supreme Court of Bangladesh in its historic judgment dated 25 July 1996 granted standing to the ground[48].In allowing the appeal, the judiciary interpreted the constitutional requirement of â€Å"aggrieved† in ways beyond the strict traditional concept. The appeal being allowed is a landmark decision in addressing the constitutional knot and riddle that have been prevailing on the threshold question as to who is an â€Å"aggrieved person† for last twenty four years history of our Constitution. The decision opened up the horizon of PIL in Bangladesh and since then the judiciary has en tertained a good number of cases on environmental grievances. Right to Participation: On application from a local environmental group, the High Court Division (HCD) of the Supreme Court also intervened to judge on the legality of a development project called the Flood Action-Plan-20[49].The petitioner accused the authorities of violating a number of laws that ensure people’s participation in the decision making process, provide for compensating affected people for all sorts of loss and protecting the national heritage. The Court delivered judgment on 28 August 1997 and observed, â€Å"†¦ in implementing the project the respondents (government) cannot with impunity violate the provisions of law†. The Court directed the authorities to execute the work in compliance with the requirements of law that guarantee right to participation and compensations. Suo motu Rule against Grabbing Land of Public Garden: The Court has been active in protecting the environment in speci fic class action, and it has also given rules, suo motu, questioning blatant violations of the state’s obligations to protect and preserve the environment.In one such case, the High Court Division (HCD) issued a suo moto rule when, in violation of an earlier order of the Court to maintain status quo, gunned hoodlums attempted to encroach upon 2. 8 acres land of the only public garden of old Dhaka for construction of hotel therein. Protecting River from Encroachment: On application from an environmentalist group[50] seeking judicial intervention to protect the only river flowing through Dhaka from illegal encroachment, the HCD directed the concerned statutory authorities to submit before the Court an action plan setting out definite time frame and measures to be undertaken for removing the encroachers. Following the petition, the government acted to remove the encroachers and the river now stands free from illegal occupation.Taking from the learning of this case, the governmen t has constituted an inter-ministerial committee to remove illegal occupation from the other rivers of the country. Checking Industrial Pollution: In a recent decision, the HCD gave directions to check indiscriminate pollution of air, water, soil and the environment by 903 industries belonging[51]. These industries were identified polluters by the Ministry of Local Government, Rural Development and Co-operatives (LGRDC). The 14 sectors include Tanneries, Paper and Pulp, Sugar Mills, Distilleries, Iron and Steel, Fertilizer, Insecticide and Pesticide Industries, Chemical Industries, Cement, Pharmaceuticals, Textile, Rubber and Plastic, Tyre and Tube and Jute.An official notification of the government directed the Department of Environment (DoE), the Ministry of Environment and Forests (MoEF) and the Ministry of Industries to ensure within three years that appropriate pollution control measures were undertaken by the identified polluting industries. The Notification also required the said authorities to ensure that no new industry could be set up within pollution fighting devices. When no measure was taken even after the lapse of eight years, the above petition was filed. After a lengthy hearing, the Court directed implementation of the directions given in the notification. To ensure implementation of the Court order, it was required from the respondents to report to the Court after six months by furnishing concerned affidavit showing compliance. The Court held it mperative on the part of the DG, DoE to take penal action against such department or persons responsible for not implementing the ECA, 1995. Vehicular Pollution to be Reduced: The HCD, in a recent decision, gave a comprehensive judgment[52] to fight vehicular pollution at different from. The six directives of the Court required the authorities to – †¢ Phase out all two-stroke vehicles from city streets of the Capital by December 2002 †¢ Convert all petrol and diesel-fuelled government vehicles into Compressed Natural Gas (CNG) powered within six months †¢ Enforce the prohibition on use of pneumatic horns within 30 days †¢ Check fitness of vehicles using computerized system with immediate effect Follow international standard of fuel by reducing or eliminating toxic elements †¢ Set up adequate number of CNG filling stations within six months and ensure that all cars imported since July 2001 is fitted with catalytic converter. This petition also has been kept pending for further monitoring. The other pending cases on environment involves preservation up of lakes, flood flow zones and rivers, encroachment over rivers, violation of construction law, pollution from brick fields, environmental hazards of shrimp cultivation, destruction of hills, gas explosion without environmental impact assessment (EIA), compensation for environmental damages and so on.Judicial Decisions in the Issue of Environment of Bangladesh: The concept of public interest litigation as has emerged into the judicial administration of Bangladesh is yet to mature with the concept of justice guaranteed by the Constitution. This is a crucial concept in a country like ours where 65% of the total populace have no or less access to judiciary although the constitution commits for equality before law, justice, right to life and equal enjoyment of fundamental rights by all citizens. With obvious socio-economic constraints and a long history of feudal past, the realization of legally recognized rights is still subject for movement by various social and pressure groups.In recent time the movement for enjoyment of rights took a new dimension as the potential of judiciary is being increasingly emphasized by the activists and the courts are dealing with cases seeking relief against administrative anarchy and ignorance. It was interesting to note that the concept of PIL is developing in Bangladesh as a performance of public duty by some citizens groups holding or advocating in support of progressive ideologies. Thus in 1994 a petition was first taken before the High Court by a national non-governmental organization called Bangladesh Environmental Lawyers Association (BELA) on behalf of the people of a locality where a disputed development action was being implemented. The petition was at first rejected by the court on the ground of standing of the organization.An appeal was preferred from that rejection where the core question was whether groups like BELA with dedicated and sincere record of activism can claim to have acquired sufficient interest to seek judicial redress against anarchy in its own field of action. The question was vital as it was a constitutional requirement under Article 102 that it is only â€Å"a person aggrieved† who can file petitions for enforcement of fundamental rights. Being responded by the Supreme Court in the positive this became the turning point in the history of PIL in Bangladesh. BELA that led the movement for open ing up the horizon of PIL in Bangladesh has filed the cases noted below: 1. Dr. Mohiuddin Farooque v. Election Commission & others Writ Petition No. 186/1994 (Nuisance during Election Campaign)The first ever-environmental litigation was filed in 1994 in the form of a Writ Petition in the High Court Division of the Supreme Court of Bangladesh by a group of environmental lawyers called the Bangladesh Environmental Lawyers Association (BELA). It was filed against the four authorities of the Government responsible for the enforcement of various civic rights, and accordingly, the respondent was the State. The election of the four Municipal Corporations of the country, held at the beginning of this year, evidenced gross violation of some legal obligations and, consequently, interfered with the various rights of the people. The unlawful activities created by the election campaign resulted in encroaching on public properties, restricting and depriving the rights to life, property, enjoyment of public resources, etc. of the city dwellers.The footpaths and other public places were saturated with election camps; incessant use of loudspeakers and other noisy instruments rendered life miserable; the walls of the four major cities of the country where the elections were being held were all covered with election slogans; unscheduled and unregulated processions created serious traffic jams, and so on. Repeated appeals by the Election Commission for showing respect to the laws of the country were virtually ignored. All this anarchy prompted the institution of a petition where the Hon’ble Court issued rule nisi upon the respondents asking them to show cause as to why they should not be directed to comply with the directive issued by the Election Commissioner touching upon the various acts and laws and rules.The Court also considered the prayer of the petitioner to restrain the Election Commissioner from holding the election till full compliance with the respondents. The rule, however, was disposed of, following assurance from the Attorney General that the Government would take all necessary steps to implement all the directives of the Election Commission. 2. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 891/1994 (Industrial Pollution Case) In 1994 BELA filed this Writ Petition seeking relief against indiscriminate pollution of air, water, soil and the environment by 903 industries of 14 sectors identified as polluters by the Ministry of Local Government, Rural Development and Cooperatives (LGRDC) vide Gazette notification dated 7 August 1986.The 14 sectors include Tanneries, Paper and Pulp, Sugar Mills, Distilleries, Iron and Steel, Fertilizer, Insecticide and Pesticide Industries, Chemical Industries, Cement, Pharmaceuticals, Textile, Rubber and Plastic, Tyre and Tube and Jute. The Notification of 7th August 1986 directed the Department of Environment (DoE), the Ministry of Environment and Forests (MoEF) and the Ministry of Indus tries to ensure within three years that appropriate pollution control measures were undertaken by those industries. The Notification also required the said authorities to ensure that no new industry could be set up without pollution fighting devices. But unfortunately, even after the lapse of eight years when no measure was taken the above Petition was filed.After seven years since the date of filling of the petition on the 15 July of 2001, the court has directed the Directed General, Department of Environment to implement the decision taken with regard to mitigation of pollution by 903 industries identified as polluters within the time frame of six months from the date of the judgment. The Petitioner pleaded that the ecological system of the country more particularly the air and water including the major rivers (Buriganga, Surma, Karnaphuli and so on) are being severely affected by the identified 903 industries and that no affirmative action has been taken in furtherance of the dec isions of the Gazette dated 7th August, 1986.Rather the number of polluting industries has multiplied as the recent list prepared by the DoE shows that the number of polluting industries have risen up to 1176. The Court earlier issued Rule Nisi to the Respondents including the LGRDC, Ministry of Environment and Forest, Ministry of Industries and Department of Environment to show cause as to why they should be directed to implement the decisions of the Government dated 5 June, 1986 which was published in the official Gazette. After hearing the Petitioner, the Rule has been made absolute today and the DG, DoE has been directed to â€Å"Report to this Court after six months by furnishing concerned affidavit showing that compliance of this Order of this Court†. To ensure implementation of the Court irections, the Hon’ble High Court further held that â€Å"It will be imperative on the part of the Director General to take penal action against such department for persons who are responsible for not implementing the letter of the Environment Conservation Act, 1995. † 3. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 300/1995 (Vehicular Pollution Case) This writ petition was filed by BELA seeking appropriate direction upon the Respondents to perform their statutory public duties and functions for controlling environmental pollution created by motor vehicles and to take effective measures to ensure the most appropriate mitigative measures, devices and methods to prevent further aggravation and danger to life and public health.The petition was filed against 13 Respondents, namely, (1) The Secretary, Ministry of Communications; (2) The Chairman, Bangladesh Road Transport Authority; (3) The Secretary, Ministry of Home Affairs; (4) The Commissioner, Dhaka Metropolitan Police; (5) The Secretary, Ministry of Environment and Forest; (6) The Director General, Department of Environment; (7) The Dhaka City Corporation; (8) The Secretary, Mini stry of Health & Family Welfare, (9) The Secretary, Ministry of Commerce, (10) The Secretary, Ministry of Energy and Mineral Resources, (11) Chairman, Bangladesh Petroleum Corporation, (12) The Secretary, Ministry of Industries, and (13) The Bangladesh Standards and Testing Institution. In his submission the petitioner stated that the air pollution from faulty motor vehicles has been universally identified as a major threat to human body and life.Such pollution in Dhaka City is acute and incompatible with the conditions required for the growth of human life and ecology. The lives of the City dwellers and its environment are endangered and the failures of the respondents in the performance of their statutory and public duties are depriving people of their fundamental rights disturbing the public peace creating public annoyance. He submitted that the lead-laced gas emitted because of the use of leaded petroleum were severely affecting the lungs, liver, brain and the nervous system, re sulting to high blood pressure, IQ and memory-retention damage among children and damage to foetuses leading to deformed babies.The high sulphur content in the petroleum, and hence in the smoke, causes severe damage to the ecology. The main thrust of Dr. Farooque's submission was that although the right to a safe and healthy environment has not been directly specified in the Constitution as a fundamental right, such a right is inherent and integrated in the â€Å"right to life† as enshrined in Article 32 of the Constitution. Hence, the right to a sound environment was also a fundamental right under Article 32 being supported by Article 31 that ensures that no action detrimental to life, body, property could be taken. Therefore, the failures of the Respondents in their duties denied the people of their basic fundamental right.Upon hearing the Petition, the Court issued a rule nisi upon the Respondent to show cause as to why they should not be directed to take all adequate and effective measures to check pollution caused due to the emissions of hazardous smokes from the motor vehicles and the use of audible signaling devices giving unduly harsh, shrill, loud or alarming noise. The matter was pending for a long time and after a lapse of 7 years, on the 27th March of 2002 the High Court has directed the government to phase out all two stroke vehicles from City Street by December 2002. The court also directed that all petrol and diesel-fuelled government vehicles have to be converted into Compressed Natural Gas (CNG) powered within six months and pneumatic horns being discarded within 30 days. It asked the Bangladesh Road Transport Authority (BRTA) to check fitness of vehicles, using computerized system with immediate effect.The court also asked the government to ensure international standard of fuel by reducing or eliminating toxic elements. The High Court further directed the government to set up adequate number of CNG filling stations within six months an d to ensure that all cars imported since July 2001 be fitted with catalytic converter. The government was also asked to strictly comply with its decision to ban two stroke vehicles of over nine years old. BELA also prayed for ensuring that the exemption of motor cycles from the requirement of certificate of fitness under the Motor Vehicles Ordinance, 1983 be withdrawn immediately which was also directed by the Court.On behalf of the government BRTA, Dhaka Metropolitan Police, Environment Ministry, Department of Environment, Commerce Ministry and Ministry of energy and mineral resources submitted testimony (affidavit) in opposition before court. The matter is pending for further monitoring. 4. Sharif Nurul Ambia v. Bangladesh & others Writ Petition No. 937/ 1995 (Unlawful Construction) The Petition was filed with legal assistance from Bangladesh Environmental Lawyers Association (BELA) by Mr. Sharif Nurul Ambia, Joint General Secretary of Jatiya Samajtantric Dal (JSD). The Petition w as moved by the Secretary General of BELA, Dr. Mohiuddin Farooque submitting that the DCC has undertaken the construction of the multi-storied building at the site earmarked for public car park in the RAJUK Master Plan unlawfully and without the latter's approval and hence liable to be demolished.It was further submitted that the construction was continuing defying DoE's finding that the said building would create a disruption to the environment of the area and the neighborhood depriving them the right to life, body and healthy environment against hazardous pollution and obstruction to air and light as being endangered by the unauthorized construction by the Respondents. Upon hearing the petitioner, the Court stayed the said construction till disposal of suit. The rule was ultimately disposed of against which an appeal is pending before the Appellate Division. 5. Dr. Mohiuddin Farooque v. Bangladesh and others Civil Appeal No. 24/1995 (Case on Standing) This Appeal arose from the ju dgment of the High Court Division dismissing a writ  Ã‚   stating that BELA had no right to sue on behalf of the people of Tangail where the Flood Action Plan-20 was being implemented. On Appeal, the Appellate Division granted standing to BELA on 25th July 1996.The main thrust of the appeal was to get a judicial verdict as to whether a person or group of persons could be â€Å"aggrieved† in ways beyond the strict traditional concept, which are now emerging in many legal systems, like suits by evidently public-spirited persons or bodies having proven dedication. The appeal being allowed is a landmark decision in addressing the Constitutional knot and riddle that have been prevailing on the threshold question as to who is an â€Å"aggrieved person† for last twenty four years history of our constitution. 6. Dr. Mohiuddin Farooque v. Bangladesh & others (Writ Petition No. 998/94) Sekandar Ali Mondol v. Bangladesh and others (Writ Petition No. 1576/1994)   (Challenging Flood Action Plan-20) In 1994, a Petition was filed by BELA challenging the implementation of Flood Action Plan-20 in Tangail.The Petition, first rejected by Court on the ground of Standing of the Petitioner was subsequently sent for hearing on merit to the High Court after the Appellate Division granted standing (Bangladesh Legal Decisions, (BLD) 1997 Appellate Division (AD), pg. 1). In the petition, the authorities were accused of violating a number of laws that provide for compensating affected people for all sorts of loss and protecting the national heritage. The Court delivered Judgment on 28 August ’97 and observed that â€Å"†¦ in implementing the project the respondents cannot with impunity violate the provisions of law. We are of the view that the FAP-20 project work should be executed in complying with the requirements of law. † 7. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 948/1997 (Uttara Lake Fill-up)A division Bench of the High C ourt Division issued an injunction of the filling up of Uttara Lake for housing purposes. The injunction was issued on an application of Dr. Mohiuddin Farooque, Secretary General, BELA upon the Secretary, Ministry of Housing and Public Works, Chairman, Rajdhani Unnayan Kartripakhya (RAJUK) and DG, DoE. The petition was filed on an appeal from the local residents of Uttara, who accused RAJUK of creating an environmental hazard in the area by filling up part of the lake in violation of the original Master Plan of Uttara. The injunction would remain effective till disposal of the case. Upon final hearing of the petition the Hon’ble Court on presided over Mr. Justice Md. Imman Ali and Mr.Justice Shamin Hasnain on 17 February, 2004 discharged the rule without any order as to cost. After gating aforesaid judgement BELA filed Civil Miscellaneous Petition 84 of 2004 and Civil Petition for Leave to Appeal 564 of 2004 before the appellate division upon hearing the petitioner the Honâ⠂¬â„¢ble Appellate Division granted prayer Leave. Pending hearing of the rule, parties are directed to maintain status quo. 8. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 1252/1997 (Unregulated Operation of Brick Field) The indiscriminate operation of 19 brickfields in Senbag of Noakhali District in violation of applicable legal provisions and circular was brought to the notice of the High Court through the above petition.The petition filed by BELA on behalf of a local group called Senbag Thana Pollution Free Environment Committee accused the local administration for being indifferent towards the environmental havoc created by the brick furnaces. The management of the brickfields were not conducting their business with due regard to the legal provisions mandating in favour of sound environment and health state. Moreover, leasing agricultural land to brick fields in violation of existing land management laws and manual resulted in a tremendous pressure on the avai lable stock of agriculture land, as after a given period the lands do not remain fit for agricultural purposes.Upon hearing the petitioner BELA, the Court issued a Rule Nisi calling upon Secretary, Ministry of Land, Deputy Commissioner, Noakhali and DG, DoE to show cause â€Å"as to why the issuance and renewal of licenses permitting operations of 19 brick manufacturing kilns in the Senbag Thana under Noakhali District causing threat to the natural environment and health of the neighbouring residents of the area should not be declared to have been done without any lawful authority and be directed to implement the circular. † The matter is now pending for hearing. 9. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 6020/1997 (Hill Cutting Case)The indiscriminate, unlawful and unauthorized cutting and rising of hills within the Chittagong City Corporation and its adjoining areas was brought to judicial notice by BELA through the above petition. The Court on heari ng the petitioner, Dr. Mohiuddin Farooque, directed the DG, DoE to submit a report on alleged illegal and indiscriminate cutting of hills, contributing to ecological imbalance and degradation of environment of the city. The Court further ordered that the report should contain the measures taken by the Government to prevent such illegal activities. Subsequent application has been filed under the petition. The matter is now pending for hearing. 10. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 6105/1997 (Gas Explosion at Magurchara)The above petition was against the Secretary, Ministry of Energy and Mineral Resources, Chairman, Bangladesh Oil, Gas and Mineral Development Corporation (PETROBANGLA), DG, DoE and Occidental of Bangladesh Limited for their negligence in preventing the fire that engulfed the Magurchhara Gas Field and the adjoining areas, while the Occidental of Bangladesh Ltd. , a reputed foreign oil company, was carrying on with their regular excavation. The statutory authorities permitted such risky operation without proper EIA, as required by the ECA. BELA, the petitioner, also blamed the respondents for failing to combat the after effects of the fire, as reports suggest that it took quite a long time before normal life was restored in the affected areas. A show cause notice was issued upon the respondents to clarify their own position. With the filing of subsequent petition the petition is pending for hearing. 11. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 7422/1997 (Gulshan Lake Fill-up)A division bench of the High Court Division issued a Rule in a petition filed in 1997 against implementation of an agreement called the â€Å"Banani, Gulshan, Baridhara Lake Development Project Agreement† signed between RAJUK and Indus Valley Investment Pvt. Ltd. to undertake a huge construction in the said areas, defying and violating the constitutional and legal requirements. The Court directed them to show cause as to why â€Å"the agreement and the subsequent agreements to lease out a total area of 220 acres of public land should not be declared to have been entered/undertaken without lawful authority in violation of law and the constitution against public interest and as such be declared null and void and of no legal effect. † The Government subsequently cancelled the project. 12. Nijera Kori v. Bangladesh & others Writ Petition No. 1162/1998 (Allotment of Land for Shrimp Cultivation)The petition was filed against allotment of Government owned Khas Land to Shrimp Cultivators in Sudharam, P. S. of Noakhali District in contravention of the provision of the Land Management Manual, 1991 and Articles 15, 19, 31 and 32 of the Constitution depriving thereby the landless people. The Court on two occasions restrained the respondents from disturbing the peaceful possession of the landless families. The matter is now pending for hearing. 13. Bangladesh Environmental Lawyers Association (BELA) v. Bangladesh and others Writ Petition No. 2482/1999 (Gulshan Lake) The unlawful filling up of Gulshan, Banani, Baridhara Lake for creating housing plots was challenged by another writ petition No. 482 of 1998 filed by BELA. Following the Petition a division bench of the High Court directed RAJUK to take measures for suspending all construction and/ or filling up of the water body and lakeside areas of Gulshan, Banani and Baridhara Model Towns in specific areas. The Court also issued a rule nisi upon the Ministry of Works and RAJUK to show cause as to why the allotment of on the lake water lake-side area in Gulshan, Banani, Baridhara Town shall not be declared to have been undertaken in violation of the Town Improvement Act, 1953, against public interest and why they should not be directed to restore public property in a manner best suited to public interest.The Court further directed RAJUK to prepare and submit before it a detailed and complete statement regarding allotment of plots and filling up of the lake water and/or lakeside area in violation of the approved Master and Lay Out plan rendering thereby water bodies of the Lake into private properties along with list of names and address of persons in whose favor such allotment have been made and those encroachment upon the lake water and or lakeside. The matter is pending for hearing. 14. Biplob Kumar Roy v. Bangladesh and others Writ Petition No. 1840 of 1999 (Nabaganga River) A Rule Nisi was issued upon the Deputy Commissioner, Narail District for unlawfully leasing out part of the River Nabogonga having its flow through Rajpur to Jaipur Ghat. The rule came as a result of the Petition No. 840 of 1999 filed by BELA and one member of the l