Saturday, December 28, 2019

Aistear High/Scope and Montessori Pedagogical Methods Essay

This Essay will discuss and identify how Aistear’s four themes- well being, identity belonging, communication and exploring thinking- are represented in the Montessori and High/Scope pedagogical methods. Nà ³irà ­n Hayes explains in her research paper Perspectives On The Relationship Between Education and Care In Ireland (2007), how demand for early years education in Ireland has increased in the last two decades for a multitude of reasons. Due to this growing demand for quality early years education the NCCA (National Council for Curriculum and Assessment) introduced Aistear as the early childhood curriculum framework for 0-6 years in Irish early years settings in 2009. Aistear was introduced as the curriculum framework which when†¦show more content†¦The broad themes listed in the Principles Themes booklet and the accompanying Guidelines for Good Practice and also the User Guide enable Aistear to be adapted for use by practitioners in most child-centered early education methods, such as Montessori and High/Scope. To understand how Aistear fits into both methods of early years education in Ireland one must first look at the curriculum of both High/scope and Montessori me thods of practice. Maria Montessori was the originator and founder of the Montessori Method. She was the first female to graduate as a doctor from her university in Italy. After graduation, Montessoris work with so called â€Å"idiot children† led to an interest in child development. (M. Beaver et al, 2001, p.379) After researching Montessori was convinced there was a need for special schools catering to children who presented learning disabilities. In 1907, she opened her first school Casa del Bambini in Rome- The first Montessori in Ireland was opened by Sr. Gertrude in 1920 (M. Beaver et al, 2001, p380). Montessori‘s curriculum consists of five areas : †¢ Practical Life Lessons (every day activities). †¢ Sensorial Exercises (activities promoting senses). †¢ Language Exercises (learning words, adjectives etc.). †¢ Mathematics Exercises (number concepts etc.). †¢

Friday, December 20, 2019

A Natural Setting Using Images Aid Memory Recall - 1432 Words

Abstract The aim of the study was to investigate in a natural setting whether images aid memory recall as did Bower in 1972. There are two conditions; condition 1 involving a grid of random words supported by images and condition 2 consisting only of random words. 6 participants were used for this research study, 4 were males and 2 were females aged from 23 - 40 gained through opportunity sampling. There were two groups/conditions of 3 (2 males, 1 female). The independent variables were materials for each condition (random words with images and words without images). The dependent was the recall from each participant. The results measured using central tendency and measures of dispersion, moderately showed participants were able to recall more words in condition 1 words with images than of condition 2 words without images. From the results of the study it can be concluded that there is evidence to illustrate that people do remember more with the aid of visual representation and also evidence to illustrate people remember more without any visual representation. Implications for further research is the effects of gender recall and discover if there is a significant effect for the sex of a participant on the types of gender associated images recalled and to compare the effects of visual and semantic codes in depth. Introduction This experiment will investigate the effects of words and words with imagery on memory recall. Memory is the process by which we retainShow MoreRelatedApplication Of Mnemonic Devices For Memory Retention2843 Words   |  12 Pages The Application of Mnemonic Devices to Memory Retention: Employing the Method of Loci Sarah K. Fredrick, Christine M. Johnston, Tram H. 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The visual learning style naturally focuses his/her perception on the external qualities of visible objects, relating images to reasoning. Cognition is image-based and note-t aking serves as a common mnemonic device, as conclusions are drawn based on imagined pictorial representations. Fleming writes kinesthetic learners require â€Å"concrete, multi-sensory experiences in their learning. AlthoughRead MoreRynair3696 Words   |  15 Pagesmake an analysis which helped to answer this question. Ryanair brand was analysed according to such components as brand awareness, brand associations (Pillars of the Brand) and brand image. Brand awareness includes the performance of both brand recall and recognition. Evaluating Pillars of the Brand and brand image, the set of both positive and negative associations was sorted out which determines the brand equity of Ryanair. Brand Awareness Measuring awareness helps us to identify how strongRead MoreProduct Placement12588 Words   |  51 PagesCalifornia State University, Stanislaus Edward Hernandez California State University, Stanislaus Robert Page, Jr. Southern Connecticut State University ABSTRACT Product placement is the purposeful incorporation of commercial content into noncommercial settings, that is, a product plug generated via the fusion of advertising and entertainment. While product placement is riskier than conventional advertising, it is becoming a common practice to place products and brands into mainstream media including filmsRead MoreEssay Marijuana The Controversial Drug2570 Words   |  11 Pagesappetite stimulant. nbsp;nbsp;nbsp;nbsp;nbsp;This is desperately needed in modern medicine especially by cancer and aids patients to prevent them from literally wasting away. Many of these patients have indicated that no other remedy helps to stimulate the appetite as effectively as smoking a small quantity of marijuana. It was also noted that smoking the natural plant was significantly more effective than the chemically created, orally consumed, synthetic marijuana. nbsp;nbsp;nbsp;nbsp;nbsp;InRead MoreMotivation and Study Strategies2436 Words   |  10 Pagesthe mind and body to complete a task. Motivation helps us to identify reasons for learning, helps to create productive organization skills, creates the desire for time-management dynamics, and generates positive support systems. Additionally, goal-setting abilities, monitoring emotions, feelings, thoughts, and behaviors in the process are all part of the motivation and study strategy process. According to Boekaerts (n.d.) â€Å"Motivational beliefs act as a frame of reference that guides students’ thinkingRead MorePsychology Workbook Essay22836 Words   |  92 Pagesfocused on each individuals potential and stressed the importance of growth and self-actualization. The fundamental belief of humanistic psychology is that people are innately good and that mental and social problems result from deviations from this natural tendency. Cognitive psychology- the branch of psychology that studies mental processes including how people think, perceive, remember and learn. As part of the larger field of cognitive science, this branch of psychology is related to otherRead MoreArt Therapy Essay2790 Words   |  12 Pageswellness, private practice and community settings. Within these settings, art therapy can be applied to an extremely diverse client population in individual, couples, family, and group therapy formats. Art therapy is an effective treatment for people experiencing developmental, medical, educational, and social or psychological impairment. Other individuals who benefit from art therapy include those who have survived trauma resulting from combat, abuse, and natural disaster, along with individuals whoRead MoreRealisms Effect on Chekhov and Stanislavsky, and their Influence on Theatre Today1967 Words   |  8 Pagessupport his family. He received a scholarship from the Moscow University to study medic ine, and began to write short, humorous stories for magazines to make money. Realism captured â€Å"life as it actually is,† and Chekhov did this in his plays by having natural dialogue, relatable characters and situations that could happen in everyday life. This type of writing was revolutionary and â€Å"experimental† at the time because it strayed from the typical â€Å"melodrama that had dominated Russian theatre† and made a gateway

Thursday, December 12, 2019

The Extent to Which Judicial Precedent Prevents Judicial Activism free essay sample

The concept of judicial activism requires a departure from the current law in that it is a term used to refer to a judge who makes law either by refusing to apply â€Å"existing† law or by replacing it.[1]   Judicial precedent, on the other hand, dictates that â€Å"like cases should be decided alike.†[2]   Although these basic definitions of judicial activism and judicial precedent appear to represent opposing philosophies, a closer examination of the doctrine of judicial precedent narrows the gap. While judicial activism can be limited by the operation of the doctrine of precedent, the latter philosophy does not function to prevent judicial activism altogether.  Ã‚   This essay will argue that judicial activism is a broadly defined term and as such is operational within the flexible framework of judicial precedent.   In order to effectively make this argument this essay is divided into two parts.   The first part will examine the doctrine of judicial activism and the second part will examine the doctrine of precedent with a view to demonstrating how and why it does not prevent judicial activism. We will write a custom essay sample on The Extent to Which Judicial Precedent Prevents Judicial Activism or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Judicial Activism Tushnet’s discussion of judicial activism defines the concept in the context of judicial restraint.   In this regard, judicial activism is understood as a method of judicial review juxtaposed against parliamentary sovereignty.[3]   Advocates for judicial   review argue that judges’ approach to constitutional law should be guided by restraint rather than by activism.[4]   In other words, judicial restraints demands that judges interpret â€Å"primary legislation† so that it comports with â€Å"constitutional norms†, and judicial activism permits judges to invalidate primary legislation.[5] In line with this understanding of the mechanics of judicial activism, Kmiec defines judicial activism as â€Å"judicial invalidation of legislation enactment.†[6]   The operation of judicial restraint and judicial activism was adequately illustrated by the High Court of Australia in the case of R v L [1991] 174 CLR 379.   In this case, the High Court of Australia had for determination the question of whether or not a criminal charge of rape against one’s spouse was inconsistent with established criminal law and the provisions of the Family Law Act 1975.[7] The appellant argued that the criminal charge of rape was inconsistent with the Family Law Act in that the latter implied that the institution of marriage conferred upon the parties an obligation to consent to sexual intercourse, an essential element of the crime of rape. Moreover, common law principles of criminal law had established that a spouse could not be guilty of rape.  Ã‚   The Act under which the appellant had been charged with rape was therefore inconsistent with common law and the Family Law Act.[8] The High Court of Australia however, not only ruled against established common law   principles of criminal law with respect to marital rape, but also contended that the principle itself was no more than a legal fiction, as it had not only been overruled by other Commonwealth courts, but had been legislated against in Australia.[9]   The court also ruled that the even if the law was such that a spouse could not withhold consent to sexual relations with other spouse, things had changed to such an extent that this tenet of law is inconsistent with modern society’s view of the marital relationship[10] This case and the court’s approach to statute and common law developments appears to illustrate that judicial activism and judicial restraint functions very closely.   The judges in this particular case were careful in their construction of the seemingly inconsistent laws so that a correct balance was found between the law as it was and the laws as it should be, from the perspective of society’s view of the matter.   While the judges departed from established principles of law, they were able to justify it by reference to developments in the law that tended to support a departure.   So while the judges were predisposed toward judicial activism, they did so with a measure of judicial restraint. This approach too judicial activism and judicial restraint demonstrates a respect for the tenets of judicial precedents, but also recognizes a need for departure from precedents that are no longer consistent with developments in the law and society’s view.   In this regard, the doctrine of precedents did not prevent judicial activism, but rather dictated that the courts apply the law fairly and reasonably, so that departure from previous decisions are justified and explained.   This aspect of the operation of the doctrine of precedents will be explained in greater detail in the section that follows. The approach taken by the High Court of Australia in the case of R v L is also demonstrative of the ongoing practice of judicial activism in the criminal courts in general.  Ã‚   The fact is, quite a number of criminal offences continue to â€Å"remain creatures of the common law.†[11] To this end, decisions by the judiciary remain important for the â€Å"development of criminal law.†[12]   In addition to common law offences, the judiciary is also required to interpret statutory offences.[13]   The result was that by the 20th century, judicial activism was such that the judiciary took a relatively liberal approach to interpreting statutory provisions in the application of criminal law.[14]   This approach to judicial activism continued despite judicial insistence that statutes should be interpreted narrowly.[15] Judicial activism is not limited to the criminal law.   It functions generally in the law with respect to established common law principles and legislative provisions.   The Honourable Justice Raymond Finkelstein explains that the judiciary’s role in â€Å"maintaining and defending constitutionalism† requires â€Å"judicial review of government action.†[16]   In compliance with the tenets of judicial review of government action, the judiciary is necessarily required to interpret and apply statutory provisions so that they correspond with concepts and principles of the constitution, whether express or implied.[17] Intimately tied to this role of the judiciary is the need to ensure that governments do not exercise their executive powers unlawfully.[18] The implications are, that the judiciary is permitted some measure of judicial activism in the sense that they do not subscribe to a practice that permits automatic application of the law.   The rule of law dictates a more flexible approach so that unlawful executive action as well as administrative decision-making â€Å"can be impugned in the courts.†[19] As Finkelstein maintains, it is for the judiciary to determine whether or not statutes and executive powers are lawfully exercised.[20]   In this regard, it is becomes increasingly clear that judicial activism is a necessary component of the rule of law.   In its absence, the government would have free reign to create and administer any law, regardless of how arbitrary. The separation of powers commands judicial activism.   Judicial independence stands in cohesion with the fundamental rights and liberties of the individual â€Å"against the state.†[21]   The result is, the judiciary is required to give reasons for their respective decisions as a means of upholding the rule of law in their position as a bastion between the governed and the government.[22]   This fact alone is indicative of the mechanics and operation of judicial activism.   If judges were not permitted to review legislative provisions and previous decisions, it would be necessary for judges to provide reasons for their decisions.   The law would just be applied blindly. Judicial activism in Australia has vacillated between liberal and conservative approaches, but has not been entirely eradicated.   To illustrate the point, Tina Hunter reviewed the practice of judicial activism in Australia over the last 100 years and divided it into four transitional compartments.[23]   The period from 1903-1920 was marked by a preference for constraints on and separation of government powers and judicial decision making focuses primarily on establishing â€Å"the relative roles of the sates and the federal government.†[24] Subsequent judicial appointments saw a shift away from this approach to a focus on â€Å"strict and complete legalism.†[25] From 1920-1942 with the expansion of the High Court, judicial activism became far more pronounced than previously with the result that there was a â€Å"more expansive view on issues of constitutional interpretation.†[26] The period from 1942-1972 was marked by a return to a strict and legalist approach to judicial decision making.[27]   The guiding principle espoused during this period was a reliance on â€Å"technical legal solutions† over taking account of â€Å"policy or other issues or factors.†[28] From 1975 to the present there was a surge in judicial activism although there remained adherence to legalism.[29]   There were more and more constitutional cases being interpreted and decided in new and creative ways.   Be that as it may, the numbers of judicial activists continued to be out-numbered by the conservative judges who preferred to remain true to the tenets of legalism.   As Hunter explains, the prevailing view among members of the judiciary was that changes in the law â€Å"should be left to Parliament.†[30] Even so, decisions reflecting judicial activism did find its way into the courts. Today’s High Court of Australia currently has two judicial activists, although they are outnumbered by five.[31]   There appears to be a concern among the judiciary that judicial activism ought to be constrained.[32] Even so, this does not mean that judicial activism is prevented.   It merely points to the fact that judicial activism is constrained and in an appropriate case, as witnessed in the R v L case will be utilized when the ends of justice require it. The Australian Law Reform Commission also recognized the existence and practice of judicial activism with respect to aboriginal customary laws and traditions.[33] The Commission noted that judges have typically recognized the â€Å"potential for injustice† by the strict application and interpretation of â€Å"the general law to traditionally oriented Aborignies.†[34] In recognizing the potential for injustice, the judiciary have developed a practice which attempts to balance the application of Aborigines customary laws with the general law by mitigating or refining general laws which do not recognize Aborigines’ customary laws.[35] Ultimately, this approach, like the approach taken in the R v L case indicate that judicial activism, although constrained by a preference to the literal rule of law with respect to statutory interpretations and applications, is invoked in an appropriate case. The Doctrine of Precedents The common law of the British system has been defined in terms of custom.[36] It is this custom that gave way to the doctrine of precedents.[37] The Australian legal system is intricately tied to the English legal system with respect to judicial precedents.[38]   The doctrine of precedents is derived from the Latin term Stare Decisis which means â€Å"let the decision stand.†[39]   There are two primary elements of the doctrine of precedents that automatically give way to the inescapable conclusion that it does not prevent judicial activism.   These elements can be summarized as follows: The legal rule found in the term ratio, dictates that there is no legal rule that can legitimately force â€Å"adherence to previous cases.†[40] It is under the auspices of custom and practice that lead senior judges to adhere to the doctrine of precedents.[41] In other words, the doctrine of precedent is no more than a customary practice that is not binding on judiciary, at least not in a strict sense.   As long as judges want to adhere to custom and practice, they will remain restrained rather than play into the tenets of judicial activism.   It therefore follows that there is nothing in terms of a legal rule of law in the doctrine of precedents that prevent judicial activism.   The approach that judges take to making and modifying laws is entirely voluntary. This interpretation of the mechanics of the doctrine of precedents however, takes on an entirely different meaning within the hierarchy of the court’s system. The lower courts’ judges are not at liberty to over rule a decision of a higher court and are bound by those decisions.[42] There is nothing preventing the lower court overruling a decision of a lower court.   Likewise, while a lower court is bound by its own decision, there is no hard and fast rule preventing it overturning its own decision.   The only guiding principle is that the court does not want to be inconsistent and unpredictable.   This conclusion is inferred from the doctrine of judicial comity which means simply that judges will typically respect the decision of other judges and courts despite the fact that they are not bound to follow them.[43] In order to understand the doctrine of precedent and how it leaves room for judicial activism it is necessary to evaluate the hierarchy of the court system.   This is necessary because the hierarchy of the courts dictates the customs and traditions that fuel and drive the doctrine of precedents.   The lower court’s decisions are not binding on the higher courts among this chain of command and necessarily dictates that judicial activism cannot, based on this structural basis be prevented. At the bottom of the Australian courts sits the Magistrates’ Courts which sits below all the other courts in the Australian court’s hierarchal structure.   Directly above the Magistrates’ court sits the District courts.   Directly above the District courts sits a single judge of the Supreme Court who is in turn accountable to the Court of Appeal.   Running parallel to the Supreme Court and the Court of Appeal is the Federal Court of Australia which is presided over by a singly judge over which sits a Full Court of the Federal Court of Australia.   Sitting at the top of the chain of command is the High Court of Australia which has as its lower court a single judge and at the very top is the Full Court of the Australian High Court.[44] In general, courts are bound by the higher courts in the hierarchy under which they sit.[45] Looking at the hierarchal structure of the Australian Courts, the Magistrates’ Court is bound by decisions rendered in the District Court, the Supreme Court, the Court of Appeal and the High Court of Australia.   The District Court is bound by the decisions made by the Supreme Court and each court above it and the chain continues in this vein leaving the High Court of Australia free of obligations to uphold decisions of any of the lower courts. In this regard, there is nothing even in the concept of tradition and practice of the doctrine of precedents that prevent the High Court of Australia adhering to the practice of judicial activism.   The High Court of Australia may if it likes uphold its own decisions on the basis of judicial comity or under the auspices of tradition and custom, but there is not rule of law that binds these courts to its own decisions.   As demonstrated by the decision in R v L, the High Court of Australia will invoke the practice of judicial activism when it deems it appropriate to do so. The only purpose that the doctrine of precedent serves is for the maintenance of â€Å"certainty in law and its orderly development† and it provides a means by which lower courts can benefit from the â€Å"learning, wisdom and general greater judicial ability of higher courts.†[46] In this regard the doctrine of precedent serves a useful purpose, and when it fails to serve that purpose can be departed from, thereby allowing and facilitating judicial activism. Even while engaged in the colonies it was recognized that strict compliance with common law was not always consistent with the circumstances in a particular colony and departure or modifications were necessary.[47]   In other words, judicial activism is viewed as a necessary component of the rule of law. The idea is to apply the rule of law in a manner that is fair, just and reasonable and necessary to meet the ends of justice.   Rigid compliance to existing laws can result in unjust results. Recognizing the futility of strict compliance to judicial precedents, a number of terms have been developed around the doctrine of precedents that indicate that strict compliance is not mandated.   For instance, the mere fact that the term stare decisis was introduced into the doctrine of precedents speaks to the fact that the doctrine is incapable of preventing judicial activism.   The term state decisis implies that a higher court may if it desires uphold a lower court’s decision when in fact it is not bound to do so.[48] By implication, if the lower court’s decision is inconsistent with a higher court’s decision, the higher court may indorse that decision under the auspices of the doctrine of stare decisis, thereby indorsing, rather than preventing the operation of the philosophy of judicial activism.   The term res judicata also by definition implies that there is room for judicial activism.   The term res judicata exist so that if two decisions on vastly similar facts and circumstances are rendered, the earlier decision, having exhausted the appellate process will continue to stand.   This is so, although a later decision is inconsistent with the earlier decision.[49]   This term would not be necessary at all if the doctrine of judicial precedent functioned to prevent judicial activism, because precedent would dictate that the courts are bound by the earlier decision. Moreover, higher courts are at liberty to uphold a lower court’s decision and this will be accomplished if and when a lower court’s decision is appealed.   The higher/appellate court may affirm the appeal.[50]   As previously stated, the lower court may have departed from established precedent and the appellate court may be persuaded by the reasoning of the lower court with the result that judicial activism is not prevented but awarded.   Likewise a decision can be reversed on appeal[51] and that decision may have adhered to judicial precedent.   In the hierarchal system of the courts, an appellate court may decide that a lower court’s ruling was wrong and yet another higher appellate court may overrule the previous appellate court’s decision.[52] The introduction of each of these terms and practices in the hierarchal system of the courts indicate that previous decisions are not written in stone.   By making allowances for appeals and the operation of the doctrine of stare decisis, res judicata, the affirmation, reversal or overruling of previous decisions, judicial activism is not prevented, but simply accommodated by the doctrine of judicial precedent. Additional terms such as approved, followed, considered, referred, doubted and distinguished each speak to the utility and operation of judicial activism.   The term approved permits the High Court of Australia to approve a previous decision.[53] Obviously, a previous decision that is merely following judicial precedent does not need approval.   This term will inevitably refer to a ruling that was spawned by judicial activism, since it necessarily infers inconsistency with previous decisions or a venture into entirely new legal territory. The terms doubted and distinguished also indicate that judicial activism is not prevented by the operation of the doctrine of judicial precedent.   The term doubted it used when an earlier decision is considered and although â€Å"thought to be incorrect† is not â€Å"definitely overruled.†[54]   This can only mean, that judicial activism is not only recognized but is also anticipated.   The necessary inference is that although a higher court may find an earlier decision to have departed from judicial precedent and might doubt the correctness of the ruling it will not automatically overrule or quash the previous decision. Likewise the term â€Å"distinguished† permits judges to depart from previous rulings under the auspices of the doctrine of precedent on the grounds that the facts of the current case are different from the facts of an earlier decision.[55] In fact, it can be argued that the customs and traditions that gave way to the doctrine of judicial precedent, also gave way to the notion of judicial activism.   This observation is made possible by the patterns inherent in the development of the English Common Law.   A number of statutory provisions, for example Partnership Act 1890, the Sale of Goods Act 1893, the Bills of Exchange Act 182 and the Marine Insurance Act 1906 are all codifying statutes in that they codified the â€Å"existing rules† that were â€Å"developed by the courts of Common Law.†[56] In many ways the codifying of judge-made law in this manner is tantamount to judges legislating from the bench, although in an indirect way.   This occurs despite the operation of the doctrine of judicial precedent.   So judges do not blindly follow precedents and nor do they strictly comport with the legalism strategy of interpreting legislation.   Judges make law themselves and while they attempt to be consistent with previous decisions and interpretations of statutes, they do invoke the philosophy of judicial activism. Conclusion On its surface, the doctrine of judicial precedent is in direct conflict with the philosophy of judicial activism.   The doctrine of judicial precedent implies that all current and future cases will be bound by a previous case, provided they are all founded on vastly similar facts. On the other hand, judicial activism by implication means that a judge departs from established law and makes a decision that goes against a previous decision and can even involve a declaration that a particular piece of legislation is invalid.   However, a closer examination of the doctrine of judicial precedents and the manner in which judicial activism plays out throughout history demonstrates that despite their opposing definitions, the doctrine of judicial precedent does not prevent judicial activism. Terminology such as res judicata, distinguished, affirmed, overruled and stare decisis have all arose out of judicial activism. These terms tend to lend weight to the belief that judges do in fact depart from the doctrine of judicial precedent.   The research reveals that judges will in an appropriate case declare established law inconsistent with current social views and depart from previous decisions.   So while judges may make a conscious decision to respect the doctrine of judicial precedent, they will balance the utility of this respect against the ends of justice and ultimately will see that justice is done.   If this means departing from judicial precedents or declaring a legislative provision ultra vires the constitution, judges will ultimately take this route. This is not to say that all judges will uphold the constitution.   Judges are human and can make errors in law and in judgment.   This alone speaks to the fact that judicial activism is necessary.   A future judge recognizing an error in law of a previous decision will be able to overrule that decision under the auspices of judicial activism and despite the operation of the doctrine of precedent.   In the final analysis, judicial precedent is no more than a custom and while it can prevent judicial activism, it does not.   The most that can be said is that the doctrine of precedent restrains judicial activism, so that the law is administered consistently and with a degree of certainty.  Ã‚   It does not however, insist upon the administration of injustice, enabling judicial activism. Bibliography Australian Law Reform Commission. ‘Recognition of Aboriginal Customary Laws.’ (ALRC 31, 1986) Chapter 6 paras 198-209. Ashworth, A. ‘General Principles of Common Law.’ Cited in D. Feldman (ed) English Public Law. (2004) Campbell, T. ‘Judicial Activism – Justice or Treason?’ (2003) 12 Otago Law Review, 1-22. Finkelstein, R. ‘The Role of the Judge: Judicial Activism and the Rule of Law.’ (2006) 9 Flinders Journal of Law Reform, 17-28 Grant J. ‘The Development of the English Common Law.’ Cited in The Anglo-American Legal System (1941) Hanson, S. Legal Method and Reasoning. (Routledge Cavendish, 2003) 31. http://books.google.com/books?id=-x3JSWIBPVcCpg=PA31lpg=PA31dq=custom+and+the+doctrine+of+precedentssource=blots=Niswe0dAGysig=AqbWzUJzGOzHGDc0yTAKEg9w-XIhl=enei=DFf8SY_9EcnJtget1fnFCgsa=Xoi=book_resultct=resultresnum=7 Retrieved 30 April, 2009. Hunter, T. ‘Rule of Law, Separation of Powers and Judicial Decision   Making in Australia – Part 2.’ (2005) Faculty of Law/Law Papers, 13-16 Kiralfy, A. The English Legal System. (3rd Ed, Sweet Maxwell, 1960) Kmiec, K. ‘The Origin and Current Meanings of â€Å"Judicial Activism.†Ã¢â‚¬â„¢ (2004) California Law Review, 1442-1477,   1463. http:/www.constitution.org/lrev/kmiec/judicial_activism.htm Retrieved April 30, 2009. MacAdam, A. and Pyke, J. Judicial Reasoning and the Doctrine of Precedent in Australia. (1998) Roberts, R. Commonwealth and Colonial Law. (1966) R v L [1991] 174 CLR 379 Tushnet, M. ‘Judicial Review in a Section 33 World.’(2002) 52 University of Toronto Law Journal, 89-100 Walsh, F. ‘A Reader in Commonsense Judicial Activism.’ 31www.hcourt.gov.au Retrieved 30 April 2009..

Wednesday, December 4, 2019

Managerial Skills and Concepts Globalization

Question: Discuss about the Managerial Skills and Concepts for Globalization. Answer: Introduction Reflection is the self-evaluation process of thinking the things you did in the past their benefits, consequences and the reasons you undertook the decisions and how you are going to do them better. Reflections may use meditation to focus on events and how to do them better. People always think mediation is same as reflection, but they are different (Boud, Keogh, Walker, 2013). However, they have same goals of checking how things were done and ways to improve them in future either in an organization or one's life. People are always fast to act, and sometimes they may do things which do not please others, but they are wrong. The main of reflections is to be able to do or become a better person by making a decision which has been deliberately though on what you wish to achieve (Harris, 2008, pp. 379-390). The business world is full of many choices, and therefore it is important for managers and all the stakeholders to continuous reflect on their past actions and what they intend to do better in the future. The aim of the business is to make profits, but sometimes it may engage in unlawful ways trying to have a competitive edge in the market (Casadesus-Masanell, Ricart, 2010, pp. 195-215). Competition is rampant as the number of entrepreneurs' keeps on increasing as business is a lucrative venture for many people. Huge profit margin ensures that the company survives in the challenging environment. Globalization, however, has made companies look for new ways of doing business by engaging in international trade to look for more markets. It is through reflection that companies have been able to see the problem in marketing and start engaging in foreign markets. This paper will look at managerial skills and concepts aiming at using reflection to achieve this well for the continuity of the businesses (Porter, 2008). Management Team The administration of the organization is composed of the owners and the managers who oversee the execution of the owners' ideas. The stakeholders are the people who came with the concept of the opening of the business and starting capital. They then employ managers with skills to run the businesses on their behalf (Alshareef, M. N. Z., Sandhu, K., 2015, pp.1). They have to be given a report by the directors about the progress of the firm. Reflection is essential for the stakeholders as part of the management for they see whether their objectives are met and the results achieved. The owners then have a mandate to control the business activities to ensure its success in the future. They should be determined and focused in ensuring targets are met. The managers they choose must be experienced and with a track record of excellent leadership qualities to lead the business in the right direction (Robbins, S. P., DeCenzo, D. A., Coulter, M. K., 2008).The many changes have been caused by technological changes which have been as a result of people looking for new ways to avoid competition. Creativity and innovation are key elements in any good manager that business owners seek to oversee their activities (Bandyopadhyay, D., Sen, J. (2011, pp. 49-69). However, to make better decisions businesses must reflect on where they were and how they have tr ansformed in their desire to achieve their goals and objective. Managers who are the people overseeing the activities of businesses have an obligation to manage the organization well to meet its targets. A reflection is a tool necessary for all parties in the group as they strive to ensure that the goals and objectives are met entirely. Managers have the responsibility to take time and see the progress of the business and see whether it conforms to the long-term objectives. The reflection helps them to see the areas that need change and the decisions that need to be implemented for the success of the business. After the reflection, the managers can have new ideas, and this can be creativity and innovation the firm can use to propel it to great heights. However, they need to evaluate the ideas through the consultation with the owners of the business to see their acceptability. These are important as they are not allowed to make any decisions alone but after discussion with the owners. Managers should be risk takers, but the steps or decisions they make for the businesses must be well examined to ensure that no losses are encountered. Intensive research must be done to ensure that decisions made are well supported to be the best. Therefore, managers are supposed to be visionary and make decisions after correctly refle cting on the past events to make better future decisions which have the highest probability of making the business succeed (Fayol, 2016). The Workforce The employees of the organization help the business in achieving its targets. The management expects them to be innovative in their works thus ensure the organization is unique in the activities it undertakes. Employees must reflect on their work and see the mistakes they made and new ways to improve their ways of executing duties. Reflection is essential for an employee to think about the performance of the organization and see the goals and objectives which are the guidelines for their duties. Employee appraisal means more incentives or advantages thus all workers must critically think about their performance to ensure future improvements (Singh, 2000, p. 15-34). Recommendation Reflection is not only necessary for the management team but all business stakeholders to aid in providing high returns are achieved. It is a continuous process for better improvement of the parties involved. The success of the firm is guaranteed by the decisions it makes and therefore, during this process reflection necessary for better solutions to a problem to be identified. Businesses have to be aware of their past achievements and strive to be the best in the market. Reflection is the problem solver of the entire market crisis. It initiates the thinking process of the people and gives them a greater picture on how to view things in the environment. The people are therefore able to see the strengths, weaknesses, opportunities and threats that prevail in the environment. Managers govern the employees, and there is a great need for them to take time and reflect on the performance of the business in the past like the failures and success. These would make them be in a better positio n to design new methods or ways of doing business. Managers must have leadership qualities of governance to ensure that they continuously remind the employees when they go astray (Srivastava, Mock, 2013). Conclusion However, mistakes are common for every successful business as they remember the business of the bad choices they made hence correct according and not repeat it in future. Managers must not be hard to the employees when they make mistakes but find out the causes. Employees may lack the ability to do work due to changes in technology hence fail to achieve the required results. These should be identified using reflection by the managers, and the necessary step was taken whether to sack them or train them to get knowledge and skills. Managers carry out a lot of activities daily which are tiresome and confusing making them quickly forgets the mistakes they did. It is, therefore, necessary to take time and reflects thus they will remain I line with what is expected of them by the owners. During reflection, one needs, to be honest with oneself and be broad in the thinking to ensure clearly seeing the big picture in a situation. However, thinking to need peace of mind and no disturbances suc h as noise as one need to remembers the past and see what is best for the future. Reflection should be part of human thinking to connect the past and future in making an ideal decision which is necessary and accepted by all the people (Knight, G. A., Kim, D. 2009, pp. 255-273). References Alshareef, M. N. Z., Sandhu, K. (2015). Integrating Corporate Social Responsibility (CSR) into Corporate Governance Structure: The Effect of Board Diversity and Roles-A Case Study of Saudi Arabia. International Journal of Business and Management, 10(7), 1. Bandyopadhyay, D., Sen, J. (2011). Internet of things: Applications and challenges in technology and standardization. Wireless Personal Communications, 58(1), 49-69. Boud, D., Keogh, R., Walker, D. (2013). Reflection: Turning experience into learning. Routledge. Casadesus-Masanell, R., Ricart, J. E. (2010). From strategy to business models and onto tactics. Long range planning, 43(2), 195-215. Fayol, H. (2016). General and industrial management. Ravenio Books. Harris, H. (2008). Promoting ethical reflection in the teaching of business ethics. Business ethics: A European review, 17(4), 379-390. Knight, G. A., Kim, D. (2009). International business competence and the contemporary firm. Journal of International Business Studies, 40(2), 255-273. Porter, M. E. (2008). On competition. Harvard Business Press. Singh, J. (2000). Performance productivity and quality of frontline employees in service organizations. Journal of marketing, 64(2), 15-34. Srivastava, R. P., Mock, T. J. (Eds.). (2013). Belief functions in business decisions (Vol. 88). Physica.

Thursday, November 28, 2019

Let’s Get You an Outstanding Healthy Eating Argumentative Essay

You might be eating healthy but dont have a clue on the structure of a healthy eating argumentative essay. Well, how about we make you a jack of all trades, you get to lead a healthy lifestyle while at the same time be a great healthy eating argumentative essay writer. With us are some of the tips on how to compose an outstanding healthy eating writing that will be of great help. Before we go ahead to tackle the guide, it would be best if we first give you a brief overview of what healthy eating is generally about. Read on! The challenge with human beings that a more significant fraction of the people is that complicated and this makes eating healthy not a simple task to carry out. Deep down theres a notion guiding you that the human body is like an automobile; you ought to eat to power it, but then again if you look keenly youd notice that human beings are making food choices on the grounds of self-satisfaction. What does your tongue and mind find sweet? To some extent, the eating experience is quite pleasurable that we find ourselves settling for tasty foods forgetting the fact that theyll, later on, end up messing our health. The amount we take in is also an issue, at times we take in too much, and we both know what this leads to obesity, which is in itself significant health risk. Not forgetting, eating too much is also a form of depression. If the above has raised your eyebrows, lets go ahead and see the advantages of a healthy lifestyle. Are you just eating for satisfaction or are you eating healthy? The guide to this will be for you to understand why our bodies require feeding. Its a fact; people eat to provide nutritional benefits for their bodies, to power their bodies, assist with the healing process, facilitate various metabolic activities and so on. Just like fueling your car, the human body as well needs to be powered to function effectively. If you are driving a car and it is powered by diesel fuel; you wont be a fool to fill the tank with petrol, would you. The same applies to the human body; you cant be ingesting just any food but only that which is beneficial to the body. Its quite common that most individuals are excellent when it comes to composing their statements for, but shifting to healthy eating essay writing, it turns out to be a significant challenge. You are familiar with what the healthy eating discipline is all about, and yet you still cant do well in your paper. Knowing what to write has never been an issue; how to write it is the biggest challenge students are facing. Finding an effective and convincing way to put across the information you have can be the best skill you need to possess a healthy eating argumentative essay writer. The healthy eating essays are shorter than the other personal statement, but then again they come with more detail on why you find healthy eating more appealing than the other disciplines. Healthy eating comes down to individual self-discipline, in some instances it wont be a fun experience, but you still need to abide by it. The information on healthy eating needs to spread across the world for people to well informed on what healthy eating is all about. A good way this can be effectively achieved is through a healthy eating and nutrition essay. Were here to help you get that work done. Healthy Eating Argumentative Essay Having given you some information on healthy eating we bet you are already eating healthy, ha! But thats beside the point, lets now go ahead and check out the process of healthy eating and nutrition essay writing; Create a Focus for Your Work In some situations, youll have to consider settling for healthy eating essay topics youre more comfortable with which is a better option as compared to the recommended staying in line with what the healthy eating argumentative essay writing is asking of you. Well, this can be tempting, but at the end of the day, youll have to pay for the mistakes you make. You might as well go ahead and give in to the temptations and come up with a fantastic write up that on a typical day would award you top marks. But, whats the point of composing a great healthy eating and nutrition essay if its not answering the assignment question. Such will cost you in the end; the instructor will penalize you for that and keep you from a good grade because you didnt follow the instructions, we both dont want that, do we! To help you with this, here is a guided way to approach healthy eating essay topics; Make good use of the keywords; most writers tend to use some of these keywords to help tailor their writing towards addressing the assignment question. Check out some of the arising themes and assumptions in these words and use them as a guide to your healthy eating essay example. Ingenuity; if by chance you might have written a similar healthy eating essay before, you might be tempted to rewrite the same and submit. Not unless the previous essay is directly answering the question, which in most instances is rare, always strive to come up with native writing. Thought process; you ought to brainstorm on healthy eating. Go through some of the previously written works on the same to help you think through and come up with working ideas for your healthy eating essay outline. The Structure of the Healthy Eating Essay As its common among other forms of academic writings, healthy eating essay outline also uses the same approach of introduction, body, and conclusion when it comes to the healthy eating essay example structure. First is the introductory paragraph; this is the starting section of the healthy eating essay writing. As a writer, youre expected to do your best in this section and hook the instructor into wanting to read more of your healthy eating and nutrition essay. Theres only one introduction, and if you fail at it, chances are you wont perform well in the overall healthy eating argumentative essay. The purpose of the introduction is to give a brief overview of what the healthy eating essay will major on. In addition, the student is also expected to include thesis statement. This statement functions to make a declaration or bring out your point of view. A good thesis statement is composed of two clauses, an independent and dependent clause, all work together, one makes the declaration, and the other supports it. Present tangible evidence. Ensure that what youre presenting to your readers in undeniable, something they cant be in a position to refute. This will work towards gaining your readers confidence, and we both know where this leads to. Make good use of the title. The title of the paper works more like a healthy eating essay thesis statement or the issues related to healthy eating youre trying to address. Ensure you come up with working and robust thesis statement. A good thesis should contain both the dependent and independent clause; some good sentence that makes a claim and defends it. Of note; the thesis statement is typically placed by the conclusion of the introductory paragraph and therefore be on the lookout for this to avoid disrupting the flow of ideas. Moving forward to the next section of the essay structure is the body paragraphs. This is the discussion of the essay. To begin with, you ought to give a topic sentence; this should provide the direction of the body section. The other parts of the body will work to support the declarations of the topic sentence or expound on it by through presenting pieces of evidence and findings you came across during your prewriting research. This should be much, simply because the science of healthy eating is based on facts and not stories you might wish to include. Nobody is interested with your opinionated stories; leave that for a different type of academic writing, maybe a preparatory composition asking you to write about your first day in school. Stick to mentioning relevant facts and that aim at developing the main idea in the topic sentence. Finally, here comes the last part which is the conclusion. It sums up everything. Youve mentioned lots of information on healthy eating, supportive evidence, your own opinions and now its time to wrap it up. Come up with a brief and targeted summary of what you just mentioned without any new information. A good idea is to make recommendations based on what you wrote. Stick to this healthy eating and nutrition essay structure, and you can be sure of delivering a discussion with a logical flow of ideas, and that will earn you top marks. While at this; Come up with a working plan; dont be quick to jump into writing the healthy eating argumentative essay. Take your time to come up with a working plan on how youll approach the whole writing process. A quick sketch on what ought to be included in all the three sections of the essay writing structure can be an excellent way to start with. Consider writing the introduction last; coming up with a mistake-free perfect introduction is quite demanding and most times ends up being time-consuming. You might be under duress and chances are you might spend most of your time in this section of the paper. To avoid this, its good practice to write the introduction last. This will give you an upper hand, the reason being youll be versed on what your paper focused on, and this will enable you to come up with a focused introduction starting from the topic sentence to the thesis statement. Practice writing; with adequate and constant practice, you become good at what youre doing. Well, does this apply to your case? Adopt the habit of practicing to write on healthy eating essay topics until you grasp and master the basics that contribute to an excelling healthy eating argumentative essay. This will give you the confidence to tackle the healthy eating essay writing and excel in it better yet the exceptional skill that youll gain from the process. Take Home Message Here are take-home points you ought to at least remember when youre drafting your paper. Are you familiar with some of the healthy eating terminologies used in the field of healthy diets? Well, you need to step up our game and get to know this. Be on the watch and keep note of the fact that the information you give is not the focus of the essay but rather the evidence you present is what will win you top marks. Any assumptions you make in your healthy eating essay needs to be supported by substantiating evidence to prove its validity. Remember, youre dealing with living beings that are quite sensitive to health, therefore caution on what you choose to write and make assertions on needs to as a result of careful consideration before you finally compose your healthy eating argumentative essay. Take the objective approach to your writing. For you to actualize this, you need to avoid excesses. Sieve the information to deliver only the essential elements of healthy eating in your healthy eating essay topics. An excellent hack, look into formulating at least two separate drafts. Good essays are secondary to thorough revision and proofreading! Apply the formal approach when composing your healthy eating and nutrition essay; avoid idiomatic expressions at all costs. You need to bear in mind that healthy eating is a science, and with that comes the standard approachable ways to healthy eating essay writing. Conclusion There you go! Still having challenges with your healthy eating and nutrition essay? You can always look forward to help from your senior colleagues or seek clarifications from your instructor. All the best in your paper! Wed like you to share with us some insights on healthy eating and nutrition essay writing.

Sunday, November 24, 2019

The Double Helix essays

The Double Helix essays Life is not easy for any of us. But what of that? We must have perseverance and above all confidence in ourselves. We must believe that we are gifted for something, and that this thing, at whatever cost, must be attained. Madam Curie There has always been a gender bias in society. In the past women were not allowed to go to school or any place that would benefit them educationally. They were the caretakers and homemakers of society and this remained so for a very long period of time. Then there was the Womens Rights movement and women began to fight for an equal right to do anything that men were allowed to do. The hardest part of this fight was actually going against the odds and doing the opposite of what men felt that they should do no matter what was said. A great example of this is the gender issues between Rosalind Franklin and the men of Cambridge during the time when the structure of DNA was still In James Watsons publication of The Double Helix Watson tells the story of the issues that were present during the race for DNA. There were a total of five main players when it came down to who was the closest to discovering the double helix. Of these five players, there was only one woman, Rosalind Franklin. Franklin was a woman playing in a mans world. She was an excellent crystallographer and was not easily bended when it came to her work. While studying at Cambridge she was asked by a fellow scientist, Maurice Wilkins, to teach him the techniques of crystallography, but she refused. Thus she was known as a troublemaker for refusing to help him. In the book it is said that she did not exhibit her feminine qualities, Though her features were strong she was not unattractive and might have been quite stunning had she taken even a mild interest in her clothes. This she did not. (p23) this is to say that perhaps ...

Thursday, November 21, 2019

Business of Restaurant Essay Example | Topics and Well Written Essays - 2000 words

Business of Restaurant - Essay Example traditional structures and balances in the world business environment. Understanding of economic changes and forces in the domestic economy is also of vital importance as such forces have the most immediate impact. Other domestic economic variables are the level of unemployment, the rate of inflation and the level of domestic interest rates, which affect the potential return from new investments and can inhibit the adoption and diffusion of new technologies. Indirect factors like competitive firms can also pose a threat to the restaurants so their activities should be closely monitored. It is therefore vital that firms continually monitor the economic environment at both domestic levels. Economic changes pose a set of opportunities and threats, and by understanding and carefully monitoring the economic environment, firms should be in a position to guard against potential threats and to capitalize on opportunities. Restaurants are unique places where the service has to be there where the customer is located .It is seldom that people visit a restaurant to enjoy the delicacies. The location has an important role to play in the establishment of restaurant. The prime areas where the density is more has the probability to entice customers as your restaurant will be placed in the choice of the customers. The visibility of your restaurant will be more in densely visited areas like the public offices, main junctions, and places near tourist attractions where the human hits are more. The market research has to done to know the viability of the business in that area. The profitability of your business in that area should be ascertained. The number of probable customers should... Restaurants are the places where personalized food and beverage services are rendered. Type of service differs according to different factors. The restaurants are in a continuous state of improvement as it strives to become more effective and competitive. The sector is affected by many other factors by shifts in the economy. The ever changing demographics as globalization shows its mark demands differentiation in the business. Predictions show that the economy will improve and as a result, the hospitality sector must be geared up to meet the current demands. However, the business exists within an external environment consisting of the actions of other players who are outside the business. The external environment consists of: competitors, the economic and political system, the social system, the monetary system, the political/legal system, the environmental system. Restaurants are unique places where the service has to be there where the customer is located. The eating habits have be en changing as the demographics .The employees and youth were inclined more towards fast food culture, to have a quick bite and resume their daily activities. The number working employees have had increased which has opened up a new market. Consumer research through surveys and focus groups can help assess dining demand specific to a particular sector. Consumer segments include residents, daytime population, and tourists and visitors.