Ge Management - 1094 Words

General Electric (GE) was founded by Thomas Edison in 1878 as a way for him to fund his research into electric light. Only one year later in 1879 he accomplished that mission when he created the first incandescent light. Incandescent light was only the beginning, over the next 128 years GE became an innovator in the advancement of technology and implementing new ideas. Some of these products included the first electric powered X-ray machine, television, radio, locomotives, home appliances and radar systems. While GE was building a name for itself with great new products it also became a leader with its innovations in management. In 1900 GE embarked on its first management initiative by creating the first corporate research and†¦show more content†¦They began to see employees as valuable resources and were the first to offer pension and profit sharing plans. GE was beginning to understand that to maximize a workers potential you must consider their thoughts, feeling and emotions. In the 1960s when the quantitative perspective was emerging GE developed the Business Screen. The screen was one of many new tools that used mathematical concepts to help guide a company’s business dealings. As described previously the screen was used to to identify the optimal portfolio of business units that a company can hold. 2. Which of GE’s management innovations seem to draw on a classical management perspective? Which seem to draw on a behavioral management perspective? I believe that GE’s innovation of Six Sigma, Workout and Blub Books all drew on the classical management perspective. More specifically the Blue Books drew on scientific management as they were more concerned with improving the performance of each manager. The Six Sigma quality initiative was more administrative management as is dealt with the idea an entire organization can become more efficient. There are two innovations that I believe drew on the behavioral management perspective. First, the pension and profit sharing plans for its employees that I discussed earlier. Second, is the policy of firing the lowest performing 10% of workers. Without question I believe thisShow MoreRelatedGe Energy Management Initiative Essay examples1266 Words   |  6 PagesThe GE Energy Management Initiative (A) By taking the position as Raj Bhatt, Business Development manager of GE Canada, I am comfortable and confident that energy efficiency is an attractive industry and business opportunity. What makes Raj Bhatt believe that the Energy Efficiency projects will be successful in Canada is that the project helps not only the ESCo, which conducts the performance-based contracting, but also the customers, who are more aware of the benefits of Energy Efficiency projectRead MoreThe Lead Up For Current Business Level Strategy1271 Words   |  6 Pagesnew innovations such as the X-ray machines, trans Atlantic broadcasting, many kinds of kitchen appliances, different types of power generators, loud speakers, new types of material, first television network, MRI machines, jet engines, and many more. GE even helped develop and manufacture the nuclear bomb. In 1982 the lab produced its first hybrid car with implementation of computers to save and regulate energy and breaking; this technology was late r used by Toyota to manufacture hybrid cars. ThisRead MoreCase Analysis Of General Electric2243 Words   |  9 PagesThomas A. Edison. In 1892 it merged with Thomson-Houston Electric Company to create General Electric. In this current time, General Electric has now grown to a huge conglomerate. The business units that make up General Electric are GE Aviation, Capital, Energy Management, Healthcare, Lighting, Power Water, Oil Gas, and Transportation. The company has been trying to expand into emerging markets and shrinking the Capital business unit. Jeff R. Immelt is the current CEO and has been in that seatRead MoreLeadership Style of Jack Welch981 Words   |  4 PagesMotors and jack Welch of GE. And Welch would be the greater of the two because he set a new, contemporary paradigm for the corporation that is the model of the 21st Century. - Noel Tichy, Professor of Management, University of Michigan, and a longtime GE observer. Introduction |On September 6, 2001, John Francis Welch Jr. (Jack Welch), Chairman and |[pic][pic][pic][pic][pic][pic] | |Chief Executive Officer of General Electric Co. (GE),1 retired after | Read MoreHarvard Case Study Analysis1566 Words   |  7 PagesImmelt’s strategies for GE were solid in a theoretical sense. The company should have been delivering above-average returns and seen all the positives that he preached about it. The reason this did not happen and they faced some humiliation in 2008 until 2010 were due to GE Capital. Immelt thought that they were diversified enough to survive the economic downturn. However this proved to be wrong. In an interview for BusinessWeek magazine David Magee, author of Jeff Immelt and the New GE Way, spoke on whatRead MoreInvesting Your Precious Resources With The Hyland Investment Institute3209 Words   |  13 PagesIt is suitable for virtually any well-rounded portfolio. Over the last 116 years, GE is the only company that has been continu- ously listed on the Dow Jones Industrial Average. It is built to last and I thoroughly recommend it as a st ock to buy and hold for the long term. GE is committed to focusing on long-term opportunities. The company has a philosophy of only concentrating on markets that it can dominate as GE positions itself to be a leader. The reason it has remained competitive for more thanRead MoreSWOT Analysis of GE1033 Words   |  5 PagesSTRENGTHS Global recognition: General Electric has ventured into the world market thus gaining global recognition for its unique goods and services. In the year 2009, Forbes magazine ranked GE as the world s largest company. Hurbert (2007) notes that General Electric s brand is the world s most recognized brand. This kind of recognition has given it a competitive edge over other companies due to its ability to attract more customers. Global strength and competitiveness:The Company’s productsRead MoreChallenges Faced With Ge Healthcare1464 Words   |  6 Pages GE healthcare has positioned it self as a global player in more than 100 countries. The company has laid his hands in all the aspects of healthcare. Though they have been leaders in this industry, the company faces number of challenges. The challenges include complying with safety standards of different countries, setting up presence in emerging markets, low cost innovation, educating workforce, administering clinical data ethically, aligning information technology with health care and minimizingRead MoreGe Energy and Ge Healthcare2444 Words   |  10 PagesGE Energy and GE Healthcare Case Study 1. What are the business benefits of using information technology to build strategic customer relationships for GE Energy and GE Healthcare? What are the business benefits for their customers? Technology is no longer an afterthought in forming business strategy, but the actual cause and driver. Networking and data storage analysis technologies enabled GE to gain a competitive advantage by providing unique products and services to their customers. WhatRead MoreA Strategic Analysis of Ge Healthcare1561 Words   |  7 PagesA strategic analysis of GE healthcare GE Healthcare: Company Overview GE Healthcare is a unit of the wider General Electric Company. It has a global orientation, employing more than 46, 000 staff committed to serving healthcare professionals and patients in over 100 countries. It is headquartered in the United Kingdom (UK)-the first GE business segment outside the United States. It has a turnover of approximately $ 17 billion. The headquarters hosts GE healthcare corporate offices as well as finance

Halloween Is The Scariest Of All - 1435 Words

As Halloween comes and goes once again as it always does, when all of the candy is thrown out, the costumes are put in storage and parties dissipate, we laugh and reminisce about the lively memories the holiday brought. However, for people who lived in the northeast in 2012, instead of packing our costumes we packed our clothes to leave our homes indefinitely, instead of throwing out our candy we threw out dated pictures, toys, and sentiments ruined by flooding and winds, and rather then celebrating with friends we held our loved ones close, because we didn’t know what the future had in store for us. Ironically, Halloween of 2012 was the scariest of all because it brought a real threat, a raging storm that would impact and hurt the lives of so many named Superstorm Sandy. No one believed the storm would be as atrocious as it was, after all, growing up near the shore when someone says hurricane you think of light rain and maybe some wind. This time it was different, Sandy wa s a perfect storm, all arrows pointed to destruction and that is exactly what happened. During this storm many people were critically injured, lost their homes becoming impoverished, and even lost their lives. Amongst the miles and miles of our country s eastern coastline, devastation hit. Places like Ortley Beach, which was located on the coast in central New Jersey, were often referred to as â€Å"ground zero† because after Sandy was done, there was little remnants of it. This third degreeShow MoreRelatedThe Fear Of Horror Movies And Ghosts854 Words   |  4 Pagesown fears and can be scared when they are faced with their fears. Many are scared of ghosts, snakes, spiders, scary movies, and many other things. I get scared more than most, but the thing that scares me most is scary movies and ghosts. So, when Halloween rolls around I dread it because the things that scare me most are everywhere. Everyone gets scared sometimes it’s not about what scares you, but how yo u handle yourself when being faced with your biggest fear. When I was young I was scared of everythingRead MorePersonal Narrative : A Haunted House1859 Words   |  8 PagesFor my final project, I visited to a haunted house to experience how American people are spending the most famous holiday Halloween night with my friends. My methodology is ethnographic observation which to visit a haunted house and experience one of many â€Å"American ritual† during Halloween season. As I am going to break ethnocentrism, practice viewing and adventuring American culture. Ethnocentrism is getting out of my comfort zone, experiencing other culture. I am going to a haunted house to seeRead MoreDescriptive Essay On A Haunted House751 Words   |  4 PagesIt was a sunny morning the streets were honking filled with cars. I called my friend over so we could play baseball. Ethan had told me that there was a haunted house on Halloween that was the scariest in town. I was never a big fan of Halloween all the costumes, people coming to your house thats weird. And plus this haunted house we are supposed to go to is right by the woods. â€Å"Ethan I dont think im going to that place its right by the woods†. Ethan was looking at me like I was crazy, â€Å" ARERead MoreDescriptive Essay On A Haunted House790 Words   |  4 Pagesheaded to the most haunted amusement park in the country, which just so happened to be in my state, West Virginia. It had been abandoned since 1966 and only opens for one month a year for Halloween. I’ve always hated scary things. Always. (29) However, Sarah loved the terrifying haunted houses, dressing up for Halloween, and the feeling of being scared. (22) But I didn’t want Sarah to think I was a baby, so I decided to go. When we were getting close to the park, dark storm clouds started to roll in andRead MoreCultural Appropriation And Its Effect On Society1640 Words   |  7 Pagesits role in society today. Everywhere you look, in every news story and Facebook status, there is an ong oing debate regarding race and inequality. One of these major discussions regards cultural appropriation, which is an infamous problem around Halloween. Many individuals are confused by this concept of appropriating culture simply because they cannot distinguish the line between appreciation and appropriation. Thus, these blurred lines lead to offending cultures as well as perpetuating privilegesRead MoreHorror Movies : The 80s And 80s1190 Words   |  5 Pagesto having the enemy to be found in your own home. The 70s made the enemy be someone who is more likely to cause real harm like your mother (Shivers), your brother (Halloween), or your daughter (The Exorcist). The 70s were about uncovering deep paranoia in the minds of the audiences. The Exorcist has been voted the scariest movie of all time (Total Film magazine) and is significant to any study of the genre. Although it is a classic, when it was being released it caused outrage and described as â€Å"theRead MoreReview Of Ho rror Movies And The House Of My Best Friend 1525 Words   |  7 Pageswas curious to hear her thoughts on why she was so disgusted by scary movies, especially since Halloween is her favorite time of the year. Standing at 5’1 with long, thick, black hair, and one of the funniest personalities I have had the pleasure of encountering, Morgan has been my best friend for many, many years. After seeing how she felt about horror movies, it came to my realization that throughout all the years we have been friends, I cannot recall a moment where we actually watched horror movieRead More Urban sprawl Essay1298 Words   |  6 Pages nbsp;nbsp;nbsp;nbsp;nbsp;This Halloween, Sean Clancy had the most original costume in his southern Pennsylvania neighborhood. The base layer of his costume wasn’t very exciting at all- a flannel shirt, jeans and boots. However, the next layer really made Clancy’s costume memorable. He tucked a street sign into his belt and draped a GAP bag from his left pocket. He hung a Coke can from his thigh and pinned a Sunoco gas rebate banner on his right knee. A KFC sign was just above his left kneeRead MoreHalloween Of 2012 : A Storm Sandy1444 Words   |  6 PagesAs the Halloween this season comes and goes once again as it always does, when all of the candy is thrown out, the costumes are put in storage and parties die down, we laugh and reminisce about the fun memories the holiday brought that year. However, for people who lived in the north east in 2012, instead of packing our costumes we packed our clothes to leave our homes indefinitely, instead of throwing out our candy we threw out old pictures, toys, and sentiments ruined by flooding and winds, andRead MoreShort Story919 Words   |  4 Pagesover to help decorate our barn for Halloween. She had to do it for a service project with a friend; also she had to work for five hours. I was excited at first but then I remembered the ladders. â€Å" Here are all the decorat ions that I want up,† Mom said, â€Å"and you have to put all of the garland up high so that none of the teenagers will knock them down.† â€Å"That is a lot of garland. Do we have to put them all up?† I asked, hoping that we didn’t have to put up all six of them. â€Å"It can’t be that

To what extent are UK judges both independent and neutral free essay sample

Unit 2 Stimulus The Judiciary 1 a) With reference to the source, describe the measures that exist to maintain the independence and neutrality of the judiciary. The independence of the Judiciary from the executive and legislative Is said to kept by things like their fixed salaries and sub judice rule. Their salaries are paid from the Consolidated Fund and arent fixed or changeable by Parliament or the government which keeps the Judiciary free from political pressure in terms of finance. The sub Judice rule is where the MPs in the House of Commons are unable to comment on current or pending cases. This keeps he Judiciary free from political interference and prevents prejudice against Judicial decisions. This rule is followed by ministers and civil servants too. Judges are said to be kept neutral because they lack politically partisan actlvlty as they dont comment on matters of public policy and avoid siding with different party governments, Another way the judiciary has been made increasingly independent and neutral is the changed position of the Lord Chancellor following the 2005 Constitutional Reform Act as he was previously the head of the Judiciary, the presiding officers of the House of Lords and a member of the cabinet. We will write a custom essay sample on To what extent are UK judges both independent and neutral? or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page This Act removed his Judicial role and transferred it to the Lord Chief Justice while also separating the law lords from the House of Lords via the establishment of a new Supreme Court in 2009. This again, separates the Judiciary from the legislature and executive which enhances independence and neutrality. 1 b) With reference to the source and your own knowledge, explain how the Judiciary has been reformed since 2005. The judiciary has had major reforms implemented since 2005 under the Constitutional Reform Act of 2005 which aimed to enhance the independence of Judges from the legislature and executive. First of all, the role of the Lord chancellor was altered as he was previously the head of the Judiciary, was a member of the government as he was in the cabinet, and was also a presiding officer of the House of Lords as he chaired meetings like the Speaker does in the House of Commons. There were debates that this meant the Judiciary wasnt independent as the Lord Chancellor belonged to all three branches of government: the Judiciary, legislature and executive. He was also seen as a political appointment by the Prime Minister. However the 2005 Constitutional Reform Act resulted In the transfer of the udicial functions from the Lord Chancellor to the Lord Chief Justice who is now responsible for the training, guidance and deployment of Judges. The Lord Chancellor also no longer sits in the House of Lords as a Speaker was elected in 2006, separating the link between the legislature and Judiciary. In addition to this, there was the creation of the Ministry of Justice in 2007 which became responsible for things like courts, prisons and probation. The power to appoint judges has also been taken from the Lord Chancellor and passed onto the Judicial Appointments Commission. The creation of the Judicial Appointments Commission in 2006 tOf6 Minister and the Lord Chancellor to the Appointments Commission. Prior to this, the Prime Minister would appoint the Court of Appeal and Law lords with advice from his Lord Chancellor. Judges below this level were appointed by the Lord Chancellor. This was seen as part of government patronage and the question of whether the Judges appointed were free from partisan bias arose. The creation of this Appointment Commission however ensures that those that are nominated are politically independent from the executive. Finally, there was a reform of the most senior judges in the I-JK. Initially senior Judges (Law Lords) were members of the House of Lords which meant that the Judiciary was part of the legislature. Although the Judges werent allowed to play a role in political debates or proposals of legislative by convention, they were still consulted on matters close to their interests. It was, therefore, seen as a breach of Judicial independence. However following the creation of the Supreme Court in 2009, senior Judges no longer sit in the House of Lords which means are free of political influence and decision making and in effect from the legislature as they can speak out against the government. c) To what extent are I-JK Judges both independent and neutral? Judicial independence is based on the freedom of the Judiciary from the interference by the two by the two other branches of government: the executive and legislature, in its activities, as well as freedom from pressure exerted by the media or public opinion. Judicial neutrality is the absence of bias in the Judiciary for example; religious, social, gender, political or racial bias. I-JK Judges are generally seen to possess both inde pendent and neutral qualities. They are independent and neutral to a large extent as the Constitutional Reform Act in 2005 has increased their independence nd existing measures such as security of their Job and salary, as well as sub Judice rule, the growth of Judicial review and increased European influence maintains existing independence. Neutrality is increasing the Judiciary as its social representation is improving and the biased attitudes of Judges towards national security have been changing. However independence and neutrality is still limited as there have been biased Judgements against certain social groups, biased Judgments in favour of national security, and their recruitment is unrepresentative and selected from a narrow section of society. The principle of parliamentary sovereignty creates a tendency for Judges to favour the government rather than rule against it and finally, the Lord Chancellors Judiciary role may have been transferred but there still remains political influence over it. Therefore I-JK Judges are independent and have become neutral toa large extent but there are still some limitations on this. First of all the Constitutional Reform Act of 2005 has greatly increased the independence of Judges as it resulted in the removal of the Lord Chancellor in the House of Lords by replacing him with a Speaker since 2006. His power to appoint Judges with the Prime Minister was also transferred to an independent Judicial Appointments Commission. The act also reformed the office of the Lord Chancellor by passing on his Judicial functions to the Lord Chief Justice a Judge with no link to the legislature and executive, who is now responsible for the training, guidance and deployment on Judges. Finally the Act created a new Supreme Court in 2009 which shifted the Law Lords from the House of become independent from both the legislature and the executive as the Lord Chancellor no longer sits in the House of Lords, the senior Judges no longer sit in the egislature and political patronage of the Judiciary no longer exists due to an Appointments commission, thus increasing greatly the independence of Judges. Secondly the increased use of Judicial Review in the past forty years suggests that the neutrality and independence of the Judges has improved. The Judicial Review is a process where the Judge reviews the action of the government or another public body if a citizen feels like they have acted wrongly. This process applies the Rule of Law to the workings of the government and public bodies such as citizens being treated equally. For instance there have been many Judicial review cases against the Home Office and its immigration regulations where the court has reprimanded against the government department. Judges have also exercised their powers in declaring the actions of ministers ultra vires for example Conservative Michael Howards extension of sentences for Bulger killers were ruled unlawful. This indicates a high level of neutrality as the Judges werent biased towards supporting the government. However it can be argued that this is very rare as only 16 out of every 1,000 cases were won by citizens in 2011. Since the Human Rights Act in 1998 (which was enacted in 2000) Judges have been unafraid to rule out any incompatible government policy with the ECHR (1951). For example in October 2007, senior Judges ruled that 18-hour curfews breached civil liberties under the ECHR. There have also been declarations against anti-terrorism legislations such as in 2004 when Law Lords opposed the detention of suspected foreign terrorists in British prisons without trial, using the HRA which led to alterations of the Terrorism Act in 2005. In fact if parliament fails to address cases hich have been ruled unlawful by Judges under ECHR, the case can be taken to the European Court of Human Rights which is clearly an independent court of appeal since the court is outside of Britain and therefore free from the interference of the British government. This shows that Judges are highly independent enough to be able to declare incompatible legislations passed by parliament under ECHR and if they are ignored, then the case reaches a fully independent European Court of Appeal which usually obliges Parliament to alter its legislation. It is also argued that the pay and conditions of employment of the Judiciary keep it ree from corruption and political pressure. They have security of tenure which means a Judge cannot be dismissed as they are appointed for life (the retiring age being 75), subject to appropriate behaviour. In order to be removed a Judge must be voted out by both Houses of Parliament. However this has not happened since 1830 which suggests that the Parliament also respects the Judiciarys independence. Secondly, salaries are paid by the independent Consolidated Fund rather than the government, keeping them free from possible corruption. This shows that Judges are ery independent from the executive and legislature as they arent under political pressure from possible dismissal and keeps them neutral as they dont have to favour the government in fear of losing their Job or reduction of their pay packet. independence. It is observed in both the House of Commons and House of Lord, preventing MPs and Lords from discussing publicly any current or pending court cases. A similar rule is followed by ministers by convention. This ensures that the judiciary is free from the interference of the executive and the legislature as it prevents prejudice of court proceedings by influencing the Judge or Jury. It also prevents parliament from acting as an alternative forum to decide court cases. However in 2004, an ex-Prime Minister, Tony Blair expressed his revulsion at the crimes committed by some British soldiers in Iraq despite them being tried by a court martial at the time, which shows that sometimes the temptation to break the sub judice rule cannot be resisted and may result in an attack on the independence of the Judges. On the other hand it can be said that the neutrality and independence of I-JK Judges are limited as in theory, parliamentary sovereignty is greater than the rule of law. This was suggested by A. V. Dicey which he described as the twin pillars of British Constitution. This in effect means that the Judiciary is subordinate to Parliament and is therefore not independent. Parliamentary sovereignty means that parliament can reform every aspect of the legal system: it can abolish courts; alter the law and decide on what penalties and punishments are applied in courts as it can pass any statutes which the courts must follow. For example in 2005, under a powerful executive, parliament passed its Terrorism Act which meant that terrorist suspects could be imprisoned or detained without trial. This suggests that Parliament had the upremacy to override the rule of law whereby everybody is entitled to a fair trial. However it is argued that the law lords had opposed this legislation due to its attack on civil liberties which resulted in alterations of the legislation. Even if rulings of the judges were ignored by Parliament, the Judges would be able to appeal to the European Courts of Human Rights which would eventually oblige the British government to alter the law. There is also an argument initiated by J. A. G. Griffiths in his book Politics of the Judiciary, published in 1977 which suggests that the Judiciary is recruited from an xtremely narrow social background, making it biased and therefore neutral. The UKs Judiciary remains overwhelmingly middle-aged, upper-middle class, white males. Only 8% Judges are women and the average age is 60 years. In fact there was never a female in the senior Judiciary until 2003 when Brenda Hale was appointed. There is also no ethnic minorities in the senior Judiciary with only one being a High Court Judge. In terms of education, Labour Research found that 100% of the senior judges since 1997 were Oxbridge educated and 60% of the Judges in general were educated at Oxbridge with 67% who went to a public school. This means the Judiciary is unrepresentative of the society in which its decisions will affect and it may cause the tendency for Judges to make slightly prejudiced Judgements towards women and different races. For example in 2001, riots in an Asian area of Maningham, Bradford, which had racial aspects, led to far stiffer sentences than those imposed on a white judiciary has also occurred where Judges have been unsympathetic towards female rape victims and have imposed little sentences to rapists. However it is important not to dismiss that the Judiciary is becoming increasingly, although very slowly, more epresentative of society and ones social background doesnt necessarily make them biased. Also, the fact that the law is extremely complex means that Judges from Oxbridge are likely to be highly educated which is necessary in order for the law to be interpreted appropriately. There has also been evidence to suggest that the neutrality of the Judiciary is still limited as it favours the government. For instance Judges ruled in favour of government in 2010 when claimant teenagers, Katy Moore and Callum Hurley applied for a Judicial review action over the raise in university tuition fees to a maximum of E9,OOO, which was introduced in September 2012. This is partly because of parliamentary sovereignty has Judges understand that the government have the mandate to make decisions in the best interests of the nation. Even Lord Woolf (ex Lord Chief Justice) admitted that for every case that the government lost, it won more than ten. This shows that the Judiciary remains biased in favour of government to some extent which threatens neutrality. The fact that any high profile cases lost by the government creature the illusion that the Judiciary acts independently from the ther branches of government can be argued to show that some political pressure may exist. In fact Theresa May used the Sunday papers this year to demand that judges follow the wishes of parliament and deport more foreign criminals. (The Spectator, 18 February). This shows that the independence of the Judiciary is still retrained as the executive are demanding things over newspapers. Finally it is argued that the separation of powers between the Judiciary and the two other branches is only quasi-independent as the Lord Chancellors functions havent disappeared after the 2005 Constitutional Reform Act. Instead his functions were transferred to the Lord Chief Justice and Lord Speaker while his Judicial role has merely been amalgamated with that of the Secretary of State for Justice who leads on policies for courts, prisons and probation despite being an MP in the House of Commons. This suggests that the courts are still subject to the executive and legislature and therefore Judges arent fully independent. It is also said that the Lord Chancellor and Prime Minister have secret surroundings in the appointments procedure of Judges as the Judiciary is exclusively drawn from the Bar. The fact that the profession is drawn from such a narrow base via a process with little real transparency makes it questionable on whether the Judiciary is truly independent. In conclusion the UK Judiciary is becoming more neutral and independent to a large extent as the Constitutional Reform Act of 2005 led to changes regarding the Lord Chancellor and the establishment of both the JAC and the new Supreme Court. The HRA (1998) has also enabled Judges to rule out laws incompatible with the ECHR and there has been a growth in Judicial review. The independence and neutrality of udges has also been maintained through security of tenure and salary as well as sub remain to full independence and neutrality due to the principle of parliamentary sovereignty, a narrow recruitment of the Judiciary and the examples of the biased judgments in the Judiciary. Even if there is reasonable independence, this can still be questioned due to the lack of transparency for example in the appointment of judges. Therefore, although the I-JK Judiciary still has limits to its full independence and neutrality, it is still independent and neutral to a large extent and this continues to increase through things like increased Judicial review.

Site Investigation Essay Sample free essay sample

In all civil technology plants. the most important is the dependability of the information about the land on which the civil technology undertaking will be founded. We would name this SI. or Site Investigation Information or merely SI. There are assorted methods of obtaining SI information. in this paper we will concentrate on most widely used method. that affecting Boring and Drilling. IMPORTANCE OF SI INFORMATION We. the Engineers. all will hold that SI is a specialist operation. Almost all SI is remotely carried out ( we are proving evidences below from surface! ) and because of this. it is needfully the most procedure oriented operation. Therefore. for SI information to be meaningful. it requires rigorous attachment to processs and good pattern. Which merely translated agencies. attachment to Code of Practice and Specifications. All Engineers to the full agree with these statements. On the footing of the informations obtained via SI ( bing less than 0. We will write a custom essay sample on Site Investigation Essay Sample or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page 1 % of the undertaking costs ) . 1000000s or one million millions will be committed to the undertaking. It hence makes technology sense that SI must merely be carried out utilizing suited equipment and ancillaries and by trained individuals under the supervising of every bit if non better trained supervisors. All SI specifications for Site Investigation in usage today in one manner or another emphasize craft supervising and have similar demands viz. : 1. Method of tiring must be such that observations are possible and dirt volume to be tested remain undisturbed before being tested.2. Boring to be carried out utilizing Drill Rods with spots attached to be used for3. advancing of dullard holes4. Judicial usage of H2O5. Testing demands6. Mentions to SO. Supervisor or similar implying competent supervising7. Mentions to Code of Practice and Specification. in locating on attachment to processs Short COMINGS OF OUR SI PRACTICES Surprising issue is. that all of us to the full agree with nice statements like above. we even use moderately good specification. yet if we were to see any SI site anyplace in our state. we will happen there is non a individual SI site where any of these sentiments and demands are met. Situation at each SI location is virtually the same. viz. 1. No mention paperss ( CP or specifications ) on site2. Machines and ancillaries in non-compliance with specifications3. Unacceptable processs. trying. proving. transporting4. Untrained operators5. Untrained. normally non existing supervisors SI information produced from these worksites. in the signifier of SI REPORTS are every bit compatible to state of affairs on the worksites and have following in common * All most all debut part of studies describe methods which are non same as on site* All presentations and dirt descriptions in bole logs vary from company to company and in some instances different locations and pay no relevancy to state. research lab trials. consistence etc* From dullard holes logs. based on presentation and deficiency of site observations. it besides can be inferred that* All strata alterations in land below occurs at 1. 5 metre intervals in Malaya* There are neer any happenings of Water losingss. alteration in H2O colourss. H2O immersion. stuff alterations. HOW Such PRACTICES AFFECT PROJECTS All above consequences in concluding merchandise called SI REPORT or FACTUAL REPORT. Such â€Å"FACTUAL† SI Reports. based on information as obtained from methods adopted to twenty-four hours present information which are far from being dependable. dearly-won in long tally and even unsafe. This reinforces common. but a really basic premiss. â€Å"GOOD DECISION CAN NOT BE MADE ON BAD INFORMATION† . Undertaking costs and safety are have direct bearing on information we use in our designs. With no information we have no pick but to over design and fix for worst. At least we are prepared. With bad / undependable information. we can do bad pick. and may non recognize it is a bad pick. and we are worse off than in the instance of no information. because in this instance we are non even prepared to anticipate jobs. but we do acquire caught in all kinds of jobs. Today there is a silent consciousness that something is incorrect with our SI. but nil is altering. bad equipment. bad ancillaries. bad operators and where possible experient bad supervisors continue to supply us with dubious information and we keep planing and building and blowing money. We so indicate to these constructions and say. â€Å"If SI was bad how come these edifices are standing up? †in all these statements we seem to bury the rudimentss once more. that every Civil construction is alone. Unlike motor vehicles which are tested to devastation at design phase. we can non likewise test civil constructions to devastation and reconstruct it more economically. We have to be every bit right as possible right from the beginning. and use Factors of Safety to extenuate some of these uncertainnesss. Due attention and diligence is of premier importance in all Civil Engineering undertakings. This is a batch more so in SI. all work is remotely carried out. no same sample or trial location can be tested twice. variables that can do consequences dubious include equipment. ancillaries. how they are used. where and who they are used by. Consequences obtained from each location merely state us how that location ( the dullard hole location ) was like before proving ( after proving it is no longer the same ) . We use figure of these trial consequences to develop a image of the evidences below. This image will neer be 100 % accurate. Again some uncertainnesss are taken attention of by Factor of Safety. Even with this. in is necessary to guarantee that the consequences we obtained are every bit accurate as possible and decently taken. ie dependable to let us to develop as accurate image of evidences below as possible. We do this by following set processs in tiring. proving and trying and even in how each sample is described. ( logging ) . This manner we guarantee uniformity of processs. uniformity of description and uniformity of describing and cut down every bit many variables as possible. Uniformity of procedural coverage is really of import. because one time SI is carried out we are left with nil but the FACTUAL SI REPORT. This study has to be such that interior decorator using his past experience and cognition can develop accurate image. When reported as described. SI REPORT ALLOWS US TO measure variableness in the land moderately accurately. Now please see the present s tate of affairs of the SI REPORT. where codifications and specification are seldom followed. no attachment to processs. no uniformity in describing. Under these fortunes. no affair what Factor of Safety we use. we are still playing technology version of Russian Rowlett. OUR BORING METHODS Method of progressing of boreholes as we ask for in our specifications provides us with dependability of trying and proving. This means. each method has to be such that it must non let that volume of undersoil. ( which we will prove or sample. ) to be changed or altered before it is tested. Basic in all this. is how the â€Å"hole† is made to make the sampling/testing deepness. This is referred to as drilling. In instance of tiring in dirts. most recognized method are Percussion Boring. Rotary Boring. Auger Boring. Properly used all these methods allow for dependable sampling and testing. Properly used methods we would specify as that utilizing adequate and suited equipment and ancillaries under the attention of trained operators and supervised by trained supervisors. Most normally used methods is Rotary Boring ( or Rotary Wash Boring ) which involves a deadening hole utilizing boring fluid ( H2O or clay ) pumped down a rod fitted at the bottom some kind of cutting spot. Advan cing of hole is achieved by fring of dirt below the rod by the cutting spot and the conveyance of these film editings to come up by boring fluid. ( H2O or clay ) . Boring fluid. under some force per unit area. is discharged from the drill spot at the underside. largely sideways and returns to come up conveying with it cuttings of dirt dislodged by cutting spot. If shells are used to stabilise the hole. these ever follow behind the rods. Most of import issue to observe is that boring fluid is non dismissed downwards into dirts below but sideways and therefore really small volume of dirt below the rod is disturbed or contaminated and about all of the fluid used is returned to the surface to garner with dirt film editings. This is the method we ask for in all our specifications. Method we really use really different. It is more of H2O gushing than rotary drilling. All good elements of Rotary Boring are losing. It involves progressing of borehole utilizing merely the Casing ( no rod with cutting spot affiliated ) under really heavy H2O force per unit areas. All dislodging of dirts below is achieved by beastly force of H2O and surging/rotating action of the shell ( H2O jetting ) . In short it merely uses shell and H2O. This is a really rough method. This method requires really small accomplishment. and it is fast and most of import. it is inexpe nsive. However. as all H2O under high force per unit areas is discharged from downwards. Considerable sum of H2O is lost in dirts below therefore considerable volume of dirt to be tested is contaminated or disturbed. This makes all proving and trying unacceptable because we are now proving dirts which are no longer representative of dirt mass around it. Add to this state of affairs deficiency of trained operators and untrained supervisors. no process. no uniformity and we have Malayan SI. OTHER SI METHODS OF OBTAINING SI INFORMATION There are legion other SI methods. which method used will depend upon site and expected dirt types. There is no cosmopolitan method for every status. The other methods include CPT. Pressure Meter. Dilatometer. Seismic and so on. Because of our deficiency of consciousness. which allows us to anticipate cheapest at fastest velocities. merely about every method of SI practiced is capable to intuition and likely to be unacceptable since remarks on rudimentss like preparation and attachment to processs apply here every bit good. Every method used today has component of MAKE-DO about it. ( CPT cone with clash sleeve smaller than cone to rush incursion. Electric Cones on Mechanical CPT Machines. Pressure metre trials without force per unit area regulators. shear vane trials with homemade vanes and so on ) . This component of MAKE-DO will stay until we accept need for preparation. attachment to processs and rejection of make-do equipment and ancillaries. Until this happens. no affair what me thod is used. it is non likely to animate assurance in SI information. PRACTICE OF SI TODAY We must halt brushing off our present province of SI industry by presuming it has ever been bad any manner and hence whatever will be. will be. This is non true. Practitioners of SI around 1970ss used tiring methods utilizing Hydraulic Federal. top driven machine. utilizing compatible rods and shells. normally B. N. H sized shells and B and N sized rods. Every occupation required careful consideration of compatible and suited equipment which included rods. shells. nucleus barrels. assorted cutting spots and boring spots. Each borehole took about four times longer and about three times costlier than today. SI information. we like to believe. was at least dependable. These equipment still be and are available even today. but because of high operation costs. its practicians can non vie with today’s wash drilling or â€Å"WATER JETTING† . By late 1880ss. legion operators with entree to cheap machines entered the SI market. The machines they used were non right machines for drilling and testing. but they were fast. and once more really of import. they were really inexpensive. They produced fast studies. in some instances even instantaneous studies. Quality and dependability of information became secondary to rush and monetary value. Those with proper equipment and ancillaries could non vie and either left the field or merely joined in. Cost of SI kept coming down even though the cost of labour. fuel. ancillaries and equipment has about doubled or tripled. There are no drastic inventions in basic SI engineering. Nevertheless SI costs today are about ONE THIRD that used to be i n 1970ss or early 1880ss. Today SI operations are come to be regarded as lowest signifier of catching and it seem as we merely do non care. WHAT IS REQUIRED Most of import thing required is CONSCIOUS AWARENESS amongst applied scientists that quality of SI needs bettering and why. We must halt doing alibis to warrant bad SI alternatively we must at highest degrees. get down paying attending to awareness and developing. This must besides follow consciousness amongst Undertaking Owners to the importance of SI information to their undertakings. Following most of import issue to be addressed must be preparation of forces involved in SI. both from contractors and supervisors and intrusting all SI operations are entrusted merely to them. Third standardisation of specifications. measure of measures and describing formats etc. Last and most of import consciousness must be that good quality SI will non be inexpensive. but these costs are nil compared to additions in cost decreases and decrease in building and station building jobs. This has to be acceptable to both clients and applied scientists.

Levis Strauss Case Study Analysis The WritePass Journal

Levis Strauss Case Study Analysis Introduction Levis Strauss Case Study Analysis ). Two of the four strategic directions suggested by this model have already been adopted by Levi Company, that is, selling existing products to existing markets and extending existing products in new markets. It can however recommended that the company should adopt one of the two remaining factors of this model, which is the diversification through creation of more designs of products that suit a wider demographic scope of customers. This will lead to larger consumer base hence higher revenue. References Cunningham, J., Harney, B‎. (2012) Strategy and Strategists. Oxford: Oxford University Press. Grant, R. M. (2013) Contemporary Strategy Analysis. New Jersey: Wiley. Johnson, G., Whittington, R., Angwin, D., Regnr, P., Scholes, K. (2014). Exploring Strategy Text Only. UK: Pearson Education, Limited. Ommani, A. R. (2011) Strengths, weaknesses, opportunities and threats (SWOT) analysis for farming system businesses management: Case of wheat farmers of Shadervan District, Shoushtar Township, Iran. African Journal of Business Management. 5(22). p.9448-9454. Porter, M. (2008) Competitive Strategy: Techniques for Analysing Industries and Competitors. New York: Simon and Schuster. Tanwar, R. (2013) Porter’s Generic Competitive Strategies. Journal of Business and Management. 15(1). p.11-17. Taylor, E. C. (2012) Competitive Improvement Planning: Using Ansoff’s Matrix with Abell’s Model to Inform the Strategic Management Process. Academy of Strategic Management 10(1). p.21-25. Zott, C., Amit, R., Massa, L. (2011) The business model: recent developments and future research. Journal of management 37(4). p.1019-1042.

Using MySQL Connection Code in Multiple PHP Files

Using MySQL Connection Code in Multiple PHP Files Many website owners use PHP to enhance the capabilities of their webpages. When they combine PHP with the open-source relational database MySQL, the list of capabilities grows immensely. They can establish login credentials, conduct user surveys, set and access cookies and sessions,  rotate banner ads on their site, host user forums, and open online stores, among many other features that are not possible without a database. MySQL and PHP are compatible products and are frequently  used together by website owners. The MySQL code can be included directly in the PHP script. Both are located on your web server, and most web servers support them. The server-side location provides reliable  security for the data your website uses. Connecting Multiple Webpages to One MySQL Database If you have a small website, you probably dont mind typing your MySQL database connection code into the PHP script for a few pages. However, if your website is large and many of the  pages require access to your MySQL database, you can save time with a shortcut. Put the MySQL connection code in a separate file and then call the saved file where you need it. For example, use the SQL code below in a PHP script to log in to your MySQL database. Save this code in a file called datalogin.php. ?php // Connects to my Database mysql_connect(your.hostaddress.com, username, password) or die(mysql_error()); mysql_select_db(Database_Name) or die(mysql_error()); ? Now, whenever you  need to connect one of your webpages to the database, you include this line in PHP in the file for that page: //MySQL Database Connect include datalogin.php; When your pages connect to the database, they can read from it or write information to it. Now that you can call MySQL, use it to set up an address book or a hit counter for your website.

What good life is Essay Example | Topics and Well Written Essays - 1500 words

What good life is - Essay Example At some cases, the trip is such a rapid process one hardly realizes to have not gotten anywhere interesting in the end. Readers get a good time they hardly care. However, repeatedly, the poem ask s a lot from the reader and very few given for compensation. Subjects also limit pay-offs, inchoate and too minor, puzzles with gears can complicate churning and might finally reveal the clunk and clink of dullness of mind. The emotionally and spiritually flat dressed up information in technician is some type of poetry, but this is not to a large extent. Poetry with a few conviction and clear voice is more interesting, even when it is not formally accomplished. In the poem entitled â€Å"love† by Michael Dickman, he expresses how people fall in love. This is mostly in weddings and restaurants as they take wine. He analyses various environments where people often like making love and happiness as a sign of love. These occasions are naturally a symbol of good life. They make friendship with strangers as they watch movies. In this poem Dickman, explains how men fall in love with girls in restaurants. He brings out the issue of thighs, how it contributes to love. He uses an example of a boy who sold them popcorns meets a girl who was selling tickets. Dickman explains how love without care come. He compares it with how teeth are in the mouth. That he loved her the way his teeth loved the mouth. He compares his love to that of a boy he knew would attempt to have a purple dinosaur who loved him for real. He says that there is no one who can account for it. That in fact there are no people to do the accounting to balance the books love. He argues that there are even no one to measure the speed and distance between two loving hearts. As Dickman explains about happiness in love, he explains how S&M goddess love her husband. He puts clearly how the goddess brings him to a mall, leading him through the court of food by a leash. This is all because of strong feeling of love.

Pilando Golf Resort Essay Example | Topics and Well Written Essays - 500 words

Pilando Golf Resort - Essay Example There are usually some bookings during lunch hours especially on weekends and during dinner hours. The hotel serves a range of dishes due to the diverse nature of the clientele. Besides serving food to guests and other recreational facilities, the hotel offers golf tournaments to its clientele. My experience at the facility as a volunteer exposed me to the various operations of business and the relations with guests at the facility. The experience at the resort exposed to various processes that relate to businesses. An important aspect of the business involved the development of a range of strategies including communication skills. Good communication skills are important in handling of the customers. Customers are different are usually relate to workers in different ways. In the hospitality industry, it is necessary for waiters to develop good communication skills in order to attract and retain the clients. Pilando Golf Resort has a very strong work ethic. Workers are usually motivat ed to provide their best services in order to attract and retain the clientele. The management also helps the workers to develop key skills that are necessary for proper handling of the guests. Usually, the management handles most of the issues that concern the welfare of the guests. The organizational structure of the resort involves a team of managers at the top, followed by supervisors, and finally the workers. The top-level management usually handles decision-making at the resort. Various departments coordinate to ensure the smooth running of the facility. Some of the departments include customer care department, finance department, planning department, and many others. Each department operates according to the mission and vision of the business.

Terminating the Patient-Provider Relationship Essay Example for Free

Terminating the Patient-Provider Relationship Essay Introduction Problem Overview With the advent of 21st century medical technology, health care procedures, ethical and legal considerations and scopes of practice among health care providers have become greatly complex. According to Servellen (1997), one of the most confronting issues of the modern provider-patient relationship is the often misunderstanding of accountability, responsibility and liability of care measures towards the patient (p.334). Legal considerations of providing care and duty of obligation of the provider towards the patients start when the health care professional enters into a relationship with a patient. However, the agreement of care relationship does not only require role of the provider. According to Scott, Ed and Scott (2005), compliance of the patient throughout the care procedures rendered by the provider is another significant component of caring process (p.162). In fact, providers include initial assessments on patient’s level of compliance prior to the start of care process, and more importantly, health professionals inform the patient about the written policy imposing the responsibility of the patient to comply with the process of health care interventions. As considered by American Academy of Nurses, if the patient becomes noncompliant or initiates actions violating professional rights of provider or the patient’s rights, the provider possesses the benefit of terminating the working relationships as considered by the appropriate grounds (Scott, Ed and Scott, 2005 p.162). On the other hand, if the provider terminates the relationship, such professional decision now confronts the issue on breaching the pledged role of devoted care and legal duty of service. Termination of patient-provider relationships is confronted by question whether or not conflicts between the professional role of the provider and the legal duty to provide care (Servellen, 1997 p.334). The current implementations of patient care disengagement largely depend on the institutional policy. According to Scott, Ed and Scott (2005), â€Å"termination of the provider-patient relationship is justified when the patient makes a knowing, voluntary election to end the relationship, either unilaterally or jointly with the provider† (p.162). Upon signing the consent of care, both participants of the care process obtain their own roles in the entire procedure of care. Mason (2004) emphasizes that the professional relationship with the patient can just be terminated due to personal or other inappropriate grounds (p.307). Termination of care is only considered ethical and appropriate when (1) the patient has already reached the maximum benefit of the procedure as supported by clinician’s judgment, or (2) when the patient has already achieved cure from the procedure. However, termination of patient-care relationship on the ground of patient non-compliance imposes a conflict issue between duty of care and patient’s participatory role in the process of care delivery. As supported by Servellen (1997), the provider’s duties to the patient, involving a breach of duty, relates to the standards of practice for all health care professionals (p.334). According to Mason (2004), termination of patient care may result to a legal accusation of abandonment, which â€Å"is the discontinuation of an established patient-provider relationship† (p.307). According to AMA, a non-compliant patient is considered as a â€Å"difficult patient† and candidate for the reconsideration of patient-provider termination of care. However, termination of care must follow appropriate procedures without interfering the continuity of patient care. Terminating the patient care somehow conflicts with the element of maintaining the continuity of care. As explained by Carter, Levetown and Foley 2004), noncompliant patients under reconsideration of patient-care termination still possess the rights of continuous care until another health care reliever has been reassigned (p.120). Moscow (2004) points out that terminating patient care without proper reliever of care is automatically considered a liability against the established patient-provider relationship contract (p.120). According to Servellen (1997), despite the protective and patient-focused approaches of the provider, inevitable times wherein a provider is confronted with situations (e.g. DNR requests can sometimes impede to patient’s right of autonomy, etc.) that can possibly or actually impinge patient’s rights can still occur (p.335). According to American Hospital Association (AHA), the four basic consumer rights state that the (1) patient has the right to safety, (2) right to be informed, (3) right to choose, and (4) right to be heard (Servellen, 1997 p.335). Considering these components as part of the reconsiderations in the ethical discussion of patient-provider care termination, it is indeed inappropriate to terminate the relationship set prior to the start of the process. As mentioned by AMA, provision of care towards non-compliant patients is still under the governance of the elements of (1) health care provider’s duty to provide continuous care, (2) fulfilling the expectations of care for the patient, and (3) carrying out the obligations of care (Mason, 2004 p.307). Terminating the care relationship set during the formal contract establishment between the provider and patient is automatically considered a breach in the legal nature of such relationship. Such action is a considerable ground for the legal liability of abandonment. Despite the issue on termination of care, there are still possible grounds wherein a health care’s refusal to care can be considered appropriate. According to Servellen (1997), provider’s may terminate or refuse care process when (1) the procedure caries physical risks to either the provider or the patient, (2) rendered care violates patient’s rights to autonomy and self-determinations, and (3) religious or moral issues followed by either of the two parties (p.335).   According to Carter, Levetown and Foley (2004), the actual patient-provider relationship is founded on trust and relationship, and not merely on legal holds or set contracts (p.120). Considering this as a form of assertion to the later supporting principles of patient-provider relationship termination, the issue on role fidelity arises as another essential consideration aside from autonomy and the contractual-based patient-provider relationship. Carter, Levetown and Foley (2004) emphasize the value of adhering to the moral and professional role of the nurse, and not solely limiting the care provision on to the patient’s level of compliance (p.120). Guided by the principle of â€Å"patient’s best interest† and fidelity, Mezey and Berkman (2000) support the idea pointing out on the idealistic elements of nursing practice wherein professionals should consider their importance in administering care under holistic and universal perspective regardless of potentially solvable conflicts (p.502). Despite of the relationship established after the setting of contact, the provider needs to consider the nature of non-equalitarian partnership and not the coequal partnership; rather, leading, establishment of rapport and serving the best interests to as the patient as the care provider must all be considered.   As supported by Shamus and Stern (2003), patient-provider relationship imposes a duty of unauthorized disclosure of contract care process without appropriate grounds (p.74). The 1996 Health Insurance Portability and Accountability Act (HIPAA) indeed protect the patients from such decisions brought by health care providers. However, compliance and sets of patient’s participatory obligations throughout the procedure count significantly on the entire health care delivery process (Shamus and Stern, 2003 p.74). Insurance of care does not only direct the obligations and tasks towards the provider but also from the patient. According to Earp, French and Gilkey (2007), patient-provider relationship is expected to work as an enhancing strategy for patient’s trust towards their health care provider. Furthermore, such relationship supports a therapeutic alliance and patient care processes involving high levels of trusts, rapport and patient satisfaction (p.195). By this principle, patients are indeed subjected to participate and cooperate in the process of health care delivery. However, in case the patient declines to participate, health care providers must not immediately terminate the procedure since they are no coequals of the patients and resistance towards care measures are sometimes inevitable. According to Rothestein, Brody and McCullough et al. (2001), health care providers must continuously administer care and interventions necessary for the well-being of the patient despite of the non-compliant behavior (p.620). In case the patient becomes notoriously incompliant to either selective or general procedures scheduled for administration, AMA suggests a series of assessment for the noncompliant behavior without involving one’s professional role outside the scope of care provision (Mason, 2004 p.307). Furthermore, the patient’s decision to not comply entirely depends on himself or herself; although, it is an important protocol consideration to check institutional policy for the proper consent documentation of such patient’s behavior. Most public institutions implement waiver signing when the patient refuses to take medications for example. According to Earp, French and Gilkey (2007), this is done for the purpose of formality and protection from possible accusations of abandonment or care quality infringements (p.195). On the other hand, when provider-patient relationship is not anymore pursuing its beneficial state or health care alliance status, AMA suggests the termination of health care management. As supported by Rubenfield and Scheffer (2006), the duty of the provider in relation to the physician-patient relationship includes (1) fulfilling the patient’s expected care, (2) carrying out the health care roles of the provider towards the patient, and (3) delivering care guided by the principles of fidelity and nonmalificence (p.96). If the provider has been determined to satisfy all these criteria, the duty to treat or provide care to the patient is indeed not violated. However, if the patient pursues his or her state of noncompliance despite of the standards of care being administered and the potential of further causing harm to one’s self, terminating the set provider-patient relationship is indeed justified. Nonetheless, as supported by the AMA Code of Ethics in 1998 Doc #1, p.5, â€Å"physicians cannot withdraw from a case without giving notice to the patient, the relatives, or responsible friends sufficiently long in advance of withdrawal to permit another medical attendant to be secured† (cited at Rothestein, Brody and McCullough et al., 2001 p.621). The health care provider is still tasked to service the patient until the reliever of care becomes available. Meanwhile, despite the legal recognitions in terminating the provider-patient relationship, the question still lies if whether or not the provider breaches his or her professional role as the higher component of the alliance considering the noncompliant state of the patient. Statement of the Problem The participation of both parties in the patient-provider relationship is an important consideration to the entire success of the health care delivery process. Once the provider accepts the task pf providing care to the patient, it is lawfully and professionally understood that the provider agrees to setup a transactional bond with the patient. According to AMA code of ethics, the setting of contract between the provider and the patient includes participatory roles from the two parties, and compliance to the higher participant of the alliance, the health care provider, must take the lead of health care management (Rothestein, Brody and McCullough et al., 2001 p.621). Added by Earp, French and Gilkey (2007), â€Å"patient-provider relationship is even ideally characterized by high levels of provider informativeness, interpersonal sensitivity and partnership building† (p.189). However, in some instances, patient may pose as the incompliant participant of the body system, which can greatly compromise the delivery of care as well as the role function of the provider. As emphasized by Servellen (1997), if the patient manifests a noncompliant behavior towards the care being provided by the assigned health care professional, the code of ethics should rather consider the termination of the bonded agreement than forcing the two participants to maintain their relationship since this can actually be detrimental to both patient’s health and provider’s role (p.336). Hence, termination of patient-provider relationship in relation to patient’s incompliant behavior can be possibly done via appropriate process of separation mandated by the institutional policies. It is important however to consider the validation of the provider’s claims followed by the written acknowledgement signed by the patient. After establishing an agreement of termination, the provider is expected to maintain the level of care being provided to the patient until the endorsement of the patient’s care to the assigned reliever. AMA has imposed significant abandonment liabilities once the provider terminates the established relationship without properly engaging to the set institutional policies. According to Rothestein, Brody and McCullough et al. (2001), terminating the established relationship between the provider and the patient without properly notifying, validating and documenting the said action will immediately resort to legal liabilities (p.621). Termination of patient-provider relationship must be laid down to the patient for recognition and prevention of legal accusation of abandonment. Despite the valid points and supporting rationales in terminating the patient-provider relationship, the issue still lies questioning the appropriateness of termination in relation to the ideal practice of role fidelity and duty of care. Due to this very reason, we have proposed a descriptive and non-experimental study analyzing the legal, ethical and moral nature of terminating the set patient-provider relationship. The objectives of the study proposed are as follows: To determine the ethical stand point of terminating patient-provider relationship in relation to the ideal principles of (a) duty of care and (b) role fidelity To determine the perceptions of the patients on the potential effects of terminating patient-provider relationship towards the level of trust and health care satisfaction Scopes and Limitations Due to the continuously evolving policies of health care system, changes in the patient-provider relationship have also evolved progressively. Despite the idealistic principles of fidelity and duty of care, health care providers still encounter inevitable instances wherein the client becomes non-compliant towards selective or general interventions implemented as part of the care process. According to Servellen (1997), instead compromising the care delivered to these patients, code of ethics have now reconsidered the procedure-based termination of patient-provider relationship to prevent the delivery of reluctant or incompetent care management due to patient’s incompliance (p.327). However, Carter, Levetown and Foley (2004) and Mezey and Berkman (2000) assert that terminating patient-provider relationship violate the principles of duty of care and role fidelity since it is always the task of the provider to carry-out the needs of the patient as guided by the principle of â€Å"patient’s best-interests† regardless of the patient’s response to health care. In this proposed study, the primary goal is to determine whether or not the ideal principles of health care (role fidelity and duty of care) are breached once the provider terminates the established relationship with the patient. At the end of the study, the following questions must be answered: What are the supported grounds for terminating patient-provider relations approved by AMA and AAN? Cite the legal, ethical and moral comparisons between the two policies. Does the health care provider breach the established relationship once he/she requested for termination due to incompliant behavior? Significance of the Study Despite the defined institutional policies supporting the process of termination, the issue on breached principles of health care still remains questionable. Federal health care organizations, such as AMA and AAN, have clarified the issue and process involving the termination of patient-provider relationship on the grounds of non-compliance and failure to adhere to the provider’s instructions. According to Servellen (1997), during the times of the HIV epidemic, termination of care is considered professionally inappropriate; hence, care provided towards these HIV patients became detrimental to the patient’s health due to the reluctance and exaggerated care measures implemented by these providers (p.327). The issue involving the termination of such established relationship covers both ethical and legal principles (e.g. role fidelity, duty of care, etc.) governing the pledged role of the provider and the assigned participatory role (e.g. patient’s rights, patient’s task of compliance, etc.) of the patient. Clarifying the care issues on the termination of patient-provider relationship is significant due to the following reasons: By understanding the limitations and defined grounds of terminating the patient-provider relationships, the study can aid in identifying the relationships of ethical principles that shall answer the confronting issue of patient-provider relationship By understanding the legal and ethical considerations on patient-provider relationship termination, the study can help in defining policy proposals on the proper procedures for implementing the termination of patient-provider relationship   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The conceptual framework of the study illustrates the proposed program of implementation addressing the issue on termination of patient-provider relationship. The conceptual framework is based from the primary goal of the study – to determine the standpoint of the termination of patient-provider relationship. By determining the subjective responses from two types of samples, patients and nurses (selected â€Å"provider† population), the procedure should be able to reveal the ethical justifications and oppositions on the subject of terminating patient-provider relationship due to noncompliance. After determining the collation of responses, the procedure analyzes the data in order to obtain significant relationships pertaining to the issue on breaching the principles of role fidelity and duty of care upon termination of such care contracts. Program Proposal f.1. Research Design   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The study proposes a non-experimental and descriptively designed survey methodology as the program for analyzing the issue on termination of patient-provider relationship. Using the perception-based methodology, the study explores the different insights of the two parties involved – patients and nurses/ providers – in the issue targeted by the study. The proposed program utilizes open-ended questions depicting the different possible perspectives of the samples – approval, opposition, suggestive– towards the issue imposed. The design of the study relates to the patterns illustrated on the conceptual framework. The emphasis of the survey questions is derived from the primary goal of the study – to determine if whether or not the termination of patient-provider breaches the concept of role fidelity and duty of care.   The collated responses obtained from the survey are compared to the ethics analysis condu cted in the literary reviews. f.2. Samples and Sampling Technique Used   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The study aims to achieve the total target population of 100 patients and 100 nurses proportionately divided into two different sample hospital locales. Using a simple random sampling method, selection of patient respondents is guided by the following criteria: (1) 18 and above, (2) patients must be admitted within the hospital premises for at least two days, and (3) must be conscious and coherent. On the other hand, sampling criteria among nurses are as follows: (1) must be licensed professional, (2) must be employed and working within the hospital premises, (3) must have at least 2 years of nursing experience from the surveyed hospital locale or other institution. f.2. Data Gathering Procedure   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Data gathering procedures shall be composed of two different methodologies: (a) ethics analysis conducted in the literary reviews and (2) survey methodology implemented on two groups of samples. Ethics analysis from the literature reviews comprise of the different ideas answering the ethical disputes on termination of patient-provider relationship. In the process of ethics analysis, the principles of role fidelity and duty of care involved in the issue are the emphasis of the analysis. The main objective of this procedure is to answer the ethical standpoints of the issue based on whether the termination violates the principles of role fidelity and duty of care. On the other hand, the second methodology deals with the perceptions answering the issue on breached principles of role fidelity and duty of care through the termination of patient-provider relationship. After gathering the results of the two data sources, the integration of data is conducted aiming to answer the primary goal of then proposed study. f.3. Instrumentation   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Survey questionnaires are the primary instrument used for the gathering of data and responses from the qualified samples. The questions used have been derived from three categories inclined to the different possible responses of the respondents. Categories used include (1) approval, (2) opposition, and (3) suggestive. Using open ended-questions according to the four categories, the respondent must select their preferred side among the four categories. Approval selection depicts their positive response over the termination of patient-provider relationship, opposition is the reverse,   and suggestive implicates the possible changes they want. The results of the survey are collated for the purpose of analysis and implications of data. f.4. Program Implementations   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In the process of implementing the proposed program for evaluation and assessment of the issue, methodologies shall comprise (a) ethics analysis via records review and (b) the qualitatively designed survey of the chosen sample population. Implementation process shall begin with the gathering of records and reviews on issues and bioethical discussions on termination of patient-provider relationship. In the process of analyzing the obtained data, the study shall document (a) the ethical principles associated to the termination issue, (b) the conflicting ethical principles, and (c) the violated ethical principles upon implementation of the issue. After gathering these three components, the data shall be analyzed drawing appropriate implications from the documentation acquired. With the acquired results from ethics analysis, we shall now relate these to the two principles – role fidelity and duty of care that are hypothetically breache d upon terminating patient-provider relationship.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   After the application of the second procedure, the survey methodology shall now begin its pilot study with a smaller sample population of at least 10 qualified respondents from the chosen research locales. During the process of pilot testing, the research processes involving the survey questions, respondent interaction, collation of data, analysis and interpretation of data shall be tested for validation and revision in case necessary. After the pilot study, the actual survey procedure shall commence targeting a population of 100 qualified respondents from each of the two hospitals chosen. Furthermore, 100 target samples from each institution shall be divided into two comprising of 50 qualified nurses and another 50 qualified patient respondents. The total sample population shall therefore be 200 qualified respondents.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   After gathering the survey results using open-ended questions and simple random sampling technique, the results shall be collated according to the three categories of the questions used -(1) approval, (2) opposition, and (3) suggestive. The results shall be analyzed according to the data obtained from the records review. Implications associated to the ethical issue proposed (termination of patient-provider relationship) shall be drawn from the results of the interview. With the implications and analysis of the survey results, the next procedure integrates the study results from the records review and survey results to draw the general relationship between the perceptive study and theoretical ethical discussion on the issue proposed. Finally, the results drawn from the integration should answer the primary goal of the study.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   1.5. PICO Analysis Table 1: P.I.C.O Analysis Population The main subjects concerning the research topic are the patients and associated providers, such as nurses and physicians. Program implementations involve similar sample groups as well (patients and nurses). Intervention Ethics analysis on patient-provider relationship utilizes the general overview of nursing and clinical care procedures (e.g. medication administration, wound care, etc.). On the other hand, the program implementation utilizes two interventions, specifically (a) Survey with corresponding questionnaires and (b) records analysis. Comparison Variable comparisons involve (a) patient perception versus (b) nurses perception on whether or not termination of patient-provider relationship violates the principles of duty to care and role fidelity. Outcomes Expected results of the study differentiate among the two parties involved. Nurses perceive the termination an ethical consideration under the basis of noncompliance and breach in the contract of relationship set prior to care delivery. Meanwhile, patients perceive the termination as an ethical breach since the tasks of the nurses must always comply with the duty to care and role fidelity. Conclusion In summary of this research proposal, we aim to determine the ethical standpoint of terminating patient-provider relationship on the grounds of patient incompliance despite the set agreement and principles governing the role of the health care provider. Since termination of patient-provider relationship has already been acknowledged by federal organizations (e.g. AMA, AAN, etc.), we determine if such termination of accounts on the basis of patient’s incompliance breaches the ethical principles of role fidelity and duty of care. In order to strengthen the ethics analysis of the issue, we have incorporated a descriptively designed survey method to obtain the perceptive response of both patients and nurses towards the imposed issue. After collating the results of the survey, the next step is to integrate the results obtained from the records review and from the survey conducted. References Carter, B. S., Levetown, M., Foley, K. M. (2004). Palliative Care for Infants, Children, and Adolescents: A Practical Handbook. London, New York: JHU Press. Earp, J., French, E. A., Gilkey, M. B. (2007). Patient Advocacy for Health Care Quality: Strategies for Achieving Patient-centered Care. New York, U.S.A: Jones Bartlett Publishers. Mason, J. (2004). Concepts in Dental Public Health. New York, U.S.A: Lippincott Williams Wilkin. Mezey, M., Berkman, B. J. (2000). The Encyclopedia of Elder Care: The Comprehensive Resource on Geriatric and Social Care. London, New York: Springer Publishing Company. Rothstein, M. A., Brody, B. A., McCullough et al., L. B. (2001). Medical Ethics: Analysis of the Issues Raised by the Codes, Opinions, and Statements. London, New York: BNA Books. Rubenfield, M., Scheffer, B. K. (2006). Critical Thinking Tactics for Nurses: Tracking, Assessing, and Cultivating Thinking to Improve Competency-based Strategies. New York, U.S.A: Jones Bartlett Publishers. Scott, R. W., Ed, N., Scott, W. (2005). Legal Aspects of Documenting Patient Care for Rehabilitation Professionals. New York, U.S.A: Jones Bartlett Publishers. Servellen, G. (1997). Communication Skills for the Health Care Professional: Concepts and Techniques. New York, U.S.A: Jones Bartlett Publishers. Shamus, E., Stern, D. (2003). Effective Documentation for Physical Therapy Professionals. New York, U.S.A: McGraw-Hill Professional.

Analysis of Home Burial by Robert Frost Essay -- Robert Frost Home Bur

Analysis of Home Burial by Robert Frost Robert Frost wrote the poem Home Burial after he and his wife suffered the tragic loss of their 4-year-old son. Home Burial shows the emotions people feel after such a loss, and how they face those emotions. Through Frost's experience he shows that men and women grieve in different ways. In Home Burial Frost demonstrates, through the husband, that in the grieving process men tend to show strength. Throughout the poem you see the husband proceed to do his everyday tasks. The husband states, 'Three foggy mornings and one rainy day are enough to rot the best birch fence a man could build.'(Robert Frost). Here is just one example of how the husband is trying to move forward through work. Another example of how the husband tries to continue with life is seen in this statement he makes, 'Can't a man speak of his own child he's lost?'(Frost). In addition to work, the husband tries to get past their loss by speaking of his child. He does not want to forget about his child. Through the use of words, the husband can keep the memory of that child alive; while at the same time get adjusted to the fact that his child is dead. We see through the eyes of Frost, that as the strength and breadwinner of the family, the husband tries to heal his wife Amy?s grief, fix her. Speaking to Amy he says, ?There you have said it all and you feel better.?(Frost). Robert Gale, a critic of the poem says, ?He puts too much faith in words.?(Robert Gale). The husband, in trying to fix Amy?s grief, wants her to believe that since she has verbally stated how she feels, she can now move on. He fails to realize that the pain Amy feels runs deeper than just words, or doesn?t want to believe that his pain o... ...e associated this with the rotting corpse of their child. She sees her husband as unfeeling and unemotional about their child. Since she will not communicate with him, she cannot understand how he could just bury their child and not give it a second thought. Home Burial opens the eyes of the reader. It allows one to see the different ways people grieve. It shows that there is no right or wrong way to grieve, and that just because two people don?t show their grief in the same manner it does not mean that one person is in more pain than the other. This poem shows the importance of communication between a husband and wife, and that the best way to get past the pain of losing a loved one just may be to lean on others, who like you, were also left behind Bibliography: 1) Frost, Robert. 'Home Burial.' 2) Gale, Robert L. 'Home Burial.' MagilOnLine.

Teen Dating Violence

Teen dating violence Teen dating violence is becoming a huge issue among schools across the nation. In fact most teens don’t even think their relationships are abusive or they know but they are too scared to do anything about it. Teen dating violence is on the rise. This violence spans across all socioeconomic levels and knows no race. Even famous people can be victims of dating violence. Dating violence is a real issue and needs to be addressed in all schools and workplaces across the nation. Teen dating violence is on the rise and is ultimately one of the biggest issues among teens and adolescents today.Teen dating violence can be defined in many ways it can be anything from a pinch to telling your girlfriend/boyfriend they’re worthless. There are many types of teen dating violence here are 4 †¢Physical- is when the partner is being pinched, hit, shoved, tripped etc. †¢Emotional-this means threatening a partner or harming his or her sense of self worth †¢Sexual- this is forcing a partner to engage in a sex act when she or he does not or cannot consent. †¢Stalking- this referrers to a pattern of harassing or threating tactics used by a perpetrator that is both unwanted and causes fear in the victim. 0% of teens have reported being physically hurt by a boyfriend or girlfriend in the past 12 months. Nearly one-half of adult sex offenders report committing their first sexual offences prior to the age of 18. Between 1993 and 1999, 22% of all homicides against females ages 16-19 were committed by an intimate partner these are real numbers and facts the violence hides from no one. Teen dating violence is a public health issue. A lot of teens who experience dating violence often stop making school their number one priority and grades start to slip as they get depressed.They also might experience high anxiety levels because of what there abuser might say to them or do to them. Many teens do not feel as if they can tell someone about w hat is going on because they are afraid of the outcome if their abuser finds out. No teen is insusceptible to teen dating violence, but the ones that run more of a risk are teens who have †¢Trauma symptoms †¢Alcohol use †¢Having a friend involved in teen dating violence †¢Having problem behaviors in other areas †¢Belief that dating violence is acceptable †¢Exposure to harsh parenting †¢Exposure to inconsistent discipline Lack of parental supervision, monitoring, and warmth So if you have been exposed to something above statically you have more of a chance harming your partner. A lot of teens think that it will never happen to them even though 40% of teenage girls (14 to 17) know someone their age that has suffered from dating violence. And 80% of all girls who have been physically abused in their relationship continue to date their partner. There are a few different reasons for this one is there abuser won’t let them leave the relationship a nd mentally destroys the victims mind and makes them think that they cannot do any better.Also some victims are deeply in love with their partner and have high hopes on the situation getting better which usually progressively gets worse. The media plays huge roles in the ongoing issue magazines newspapers television all make teen dating violence and dating violence seem justifiable when its not. All the time you will see or hear about some famous star that was a victim of dating violence like Chris brown when he allegedly beat up Rihanna, or when Charlie sheen beat and abused his wife he was all over the news for weeks and still is today.What the media need to do is try to get a message out to the youth that teen violence is not a joke and it is not something to be taken lightly. One of my friends was a victim of teen dating violence, he was driving in his car and he had said something that made his girlfriend mad and she started punching him in the face repeatedly and did not stop until his face was beat red and bleeding he had black and blue marks all over his face. Its really sad to hear story’s of some teen that don’t care what happens my friend was driving on a highway je could have turned the wheel and both of them could have died.That’s why teens need to learn that its not healthy and some need to get help. I know another friend that almost got arrested and went to jail because his ex-girlfriend put a TRO (temporary restraining order) and the accusations that were made in the TRO were that he stalked her hit her mentally abused her and raped her all of the allegations she had made were false. Its sad that teens are more and more like adults and have to deal with stuff like this now.Teens should be worrying about their studies and other teenage things not if their boyfriend is going to hurt them or girlfriend is going to get jealous if they’re talking to another girl. Teen violence is one of the biggest issues among teens and it is most defiantly getting worse, young teens are scared to talk to adults so if you see any signs of a distressed teen ask them and maybe make a bonded friendship with them because you could save that child’s life by getting them away from a potentially dangerous situation. This is something that parents need to be educated on as well because they should have the ability to see them first.

Road to Civil War

Road to the Civil War Joshua Douglas Axia College University of Phoenix It seems the United States is always at war. Our founding fathers fought the British for freedom and the Indians for land. Colonist fought each other for rights to land to grow their crops. Slaves fought for freedom and independence in this new country they were forced to live in. Slave owners fought for the right to keep their slaves so they could profit from their work. Women fought for their rights to be equal, to work outside the home and to vote.The North and the South fought each other in a Civil War for their rights to own slaves and to outlaw slaves. Why are wars important? The impact of war may seem negative at time. The loss of life and resources is tragic but many times the outcome of the war moved the United States forward shaping her into the country she is today. Tobacco was the crop to grow. It grew successfully and was in demand. In 1620, the demand for tobacco reached an all time high and the pri ces of products in Europe rose. Many people from Europe were out of jobs and unable to afford the things they needed to survive and take care of their families.Many left Europe and traveled across the continent to the United States where they thought they would be able to survive. Many of the immigrants arrived in Chesapeake looking for work. They were called indentured slaves and were required to work a certain number of years. Most indentured slaves did not live their entire term due to hunger, disease and the general conditions and abuse they were put under. This was the starting point of slavery. The boom in tobacco was sure to end at some point. During these times, the economy rose and fell on a whim.Indeed, in the1630’s and 1640’s the tobacco boom settled down. Virginia became a more social and political state. Wealthy settlers rose to political offices. They formed militias and defenses to govern their parishes. Since tobacco had become less profitable, the slav es were not worked as hard. This allowed many slaves to survive long enough to finish their indentures. Once they had done this, many slaves started working as hired hands on the plantations. Many saved their money and eventually they were able to buy their own land and become independent planters making their own profits.The economy swung back up in the years following the War of 1812. A domestic market emerged cutting off complete dependence on world trade. Many inventors also emerged with products that would make Americans more efficient and would help produce more products. Eli Whitney was one such inventor. He invented the cotton gin which removed sticky seeds from the lint. This was a huge success. Slaves were now able to clean more cotton per day which caused the cotton production to grow in the lower south. By 1840 the South produced a large portion of the world’s cotton supply.The rise in industries also helped the transportation circuit to grow by creating railroads to transport goods quickly. The economy was great but there were still issues regarding slavery and human rights. Women started speaking out about their rights such as working outside the home. Abolitionist emerged and started also speaking out about slavery. Many Southern colonists like their slaves. They were able to produce large quantities of crops quicker because they had so many people working the fields. They profited and were wealthy. Slaves allowed them to live the lifestyle of the wealthy.Many Northern colonists did not agree with slavery. Slavery was wrong and went against the very grain of what this country was founded on. The country was clearly starting to divide over these issues. The Dred Scott decision in 1857 was a major turning point on the road to the Civil War. Dred Scott was a slave that lived in Missouri. His master had taken him to live in Illinois which was a free state. Eventually the owner returned to Missouri which was not a free state. Dred Scott sued f or his freedom stating he went to live in a free state thus making him free and he should remain free.The case went to the Supreme Court. The court was made up of two northern judges and five southern judges. In the end, the ruling was 7 to 2 that Scott should remain a slave. Roger Taney of Maryland was a member of the Supreme Court. He was one of the judges that voted in favor of Dred Scott remaining a slave. He felt that African Americans were not and would never be a citizen of the United States and he made his opinion known. Around the country, the reaction to the decision varied. Many Southern colonists were happy with the decision.They wanted to keep their slaves and continue to profit off them and live the life of a wealthy man. While many Northern colonist felt this was unconstitutional. The Constitution of the United States was founded on the idea of freedom for all, not just a selected few. The result of this decision had a huge impact on the South. The decision spurred th em to action. In 1861, South Carolina seceded from the Union and the rest of the South followed splitting the North from the South. The Civil War now loomed on the horizon. The Civil War was a significant part of the United States history.Our founding fathers traveled across the continent from Europe to the Americas. They were looking for a new life, freedom from an opposing ruler and oppression from the social classes. Many early colonists had died in this pursuit of freedom. The survivors kept soldiering on, continuing to explore this new land and bargain with the Indians and other countries that had laid siege to different territories. Many wars were fought in this pursuit of freedom. These events, however unfortunate they might be, started shaping our country into what it is today.Had the men and the women in this country just set back and did nothing, where would we be today? What would this country be like? The Civil War and the result of the outcome of the Civil War turned ou t to be one of the most instrumental parts of our history. Many men and women died in the pursuit of freedom and equality that allows us to enjoy the freedoms and rights we have today. References: Davidson, J. , Gienapp, W. , Heyrman, C. , Lytle, M. , & Stoff, M. (2006). Nation of nations: A concise narrative of the American Republic (4th ed. ). Boston: McGraw Hill.

The HRA 1998 has had little impact upon protecting the basic liberties of british subjects and could be repealed without any consequence. The WritePass Journal

The HRA 1998 has had little impact upon protecting the basic liberties of british subjects and could be repealed without any consequence. Introduction The HRA 1998 has had little impact upon protecting the basic liberties of british subjects and could be repealed without any consequence. Introduction‘Nonsense upon stilts’ – Bentham Human rights violation that went to the StrasbourgIncorporation of the HRACritic of the HRASolutions of HRAConclusionBibliographyRelated Introduction In this essay I have examined the overall impact of the introduction of the Human Rights Act 1998 (â€Å"HRA†), after its long campaign to infiltrate UK law. First this paper will begin by discussing the traditional British approach to protecting human rights before the HRA. Second this paper will examine the UK case law on human rights violation that went to the Strasbourg. Third this paper will examine what impact the HRA has had on human rights protection. Fourth this study will examine the problem with the current system of protection such as no horizontal protection between private persons and lack of entrenchment. Fourth this paper will advocate better protection can be achieved through a Bill of Rights. Lastly this paper will conclude its findings. ‘Nonsense upon stilts’ – Bentham Professor A V Dicey (1835-1922), a constitutional theorist argued that individual liberties were more effectively protected by parliamentary sovereignty, an unwritten constitution and common law, than by a continental system with their constitutional codes and catalogue of rights[1].   His argument was that because rights were not written down, but endorsed by judicial rulings, it would be more difficult for government to take away liberties of people.   On the contrary, many of the rights, which have been included in the written constitution of other countries, such as the USA, were rights, which, at common law, existed in the UK through the form of freedoms.   Jeremy Bentham referred to the ideology of human rights as being sheer nonsensical. With no law there are no rights, you are on your own. If we want to have rights we need to create them. Rights are created by law and are manmade and synthetic. Bentham stated: â€Å"Natural rights is simple nonsense: natural and impres criptible rights, rhetorical nonsense - nonsense upon stilts.† Human rights violation that went to the Strasbourg Several eminent peers, Lord Wade (in 1976), Lord Scarman, the former Law Lord (in 1988), and Lord Lester(in 1995) have attempted to introduce a Bill of Rights.   Each attempt was based on the European Convention on Human Rights and Fundamental Freedoms 1950 (â€Å"ECHR†), an international agreement to which the UK has been a signatory for over 60 years.   Many cases were brought against the United Kingdom for breach of its obligations in regards to the convention, resulting in UK law sometimes having to be changed by Parliament so as to comply with our human rights obligations, a case was brought by prisoners in 2005 who were denied the right to vote. Although it is acknowledged that a ‘margin of appreciation’ is allowed to individual member states when applying constitutional requirements, to keep within their individual traditions, on this occasion the margin was too wide and therefore ‘disproportionate’. This kind of de facto Bill of Rights offered through European courts has proved to be a lengthy, inaccessible, expensive and unreliable form of remedy. It was not good for the UK’s image abroad to be frequently found in error by a ‘foreign’ court, as it has been many times this is also supposed by Lord Irvin of Lairg The Lord Chancellor in a key role addresses to the conference on a bill of rights for the United Kingdom 4th July 1992. â€Å"This Government’s position is that we should be leading in the development of human rights in Europe, not grudgly driven to swallow the medicine prescribed for us by the court in Strasbourg, when we are found in breach of the convention†. An example of this is Malone v Metropolitan Police Commissioner.   Mr Malone’s telephone had been tapped, there was no law forbidding them to do so as English law gives no general right to privacy. Other cases that elaborate the point of mishandling of power by the state are in Abdulazizi v UK (1985).   The case alleged that British immigration rules discriminated against women, because men settled in the U.K were allowed to bring their wives and fiancà ©s to live with them here, but women in the same position could not bring their husbands and fiancà ©s into the country.   Instead of amending the mistake of allowing husbands to live in the U.K they restricted both men and women bringing partners from abroad, ending the sexual discrimination but breaching human rights. Moreover, in Jordon v UK it was found Article 2 ECHR (right to life) had been breached, the investigation was flawed in the circumstances surrounding the death of the claimant’s son who had been k illed by police. Such decisions have led to changes in UK law to prevent further infringement of Convention rights and amendments to legal procedures. For example the issuing of new prison rules in 1999, updating their management from the rules of 1964. Incorporation of the HRA The Human Rights Act 1998 received Royal Assent on 9 November 1998, and coming into force November 2000. This Act has incorporated the ECHR into UK law. The ECHR is based on the Universal Declaration of Human Rights, which was drafted after World War II, to prohibit further atrocities associated with war, and is a statement of values and standards of rights and responsibilities. The act only covers civil and political rights and freedoms such as the right to a fair trial (s6) and the right to respect for privacy and family life (s8). Arguably a Bill of Rights would be more comprehensive. It would in addition cover social and economic rights, things such as housing or employment. Despite this, the HRA is regarded by many as a good first step towards a Bill of Rights. The Human Rights Act 1998 has adopted this ‘affirmative resolution procedure’ Lord Irvine talks about and it is exercised when human rights are infringed by incomplete British legislation, or even the absence of legislation. These kinds of cases have been restricted to the higher courts. A citizen whom has had their Human Rights breached can now get redress from domestic courts; the aim of the HRA as quoted by Lord Irvine is to‘Bring the rights home’   avoiding the lengthy road to Strasbourg.   The incorporation of ECHR is to weave human rights into the existing fabric of legislative, executive and judicial responsibility. The establishment of a Human rights commission in October 2007 has helped to scrutinise legislation and bring individual test cases to court, they have produced papers and undertaken an educational role. Critic of the HRA Critic’s say the HRA has been exploited by lawyers promoting a ‘compensation culture’ with ‘no win, no fee’ promises. Citizens are more prepared to fight for their rights since the Access to Justice Act 1999 was introduced making it easier for them to take action to court. Jack Straw, the then Secretary of State for Justice Lord Chancellor, has called these lawyers ‘unscrupulous ambulance chasers’. Travellers and squatters use the HRA when faced with expulsion, you could say demanding privileged treatment at the expense of others. The same is the case when you look at criminals and prisoners demanding their rights ahead of the victims. Although the UK legislator has every right to amend the HRA it seems from this that it would most definitely cause much legal protests. This has now allowed the European Convention on Human Rights and fundamental Freedoms (â€Å"ECHR†) 1950 to be enforced in the UK. In particular I will discuss whether the HRA has had a satisfactory impact on protecting human rights and whether it is vulnerable to repeal. HRA and ECHR only deal with political and civil rights of a person or public body, such as freedom of expression, with no governmental expenditure unlike social/economical rights, which include welfare and social security and education at a cost to the state. Has the Human Rights Act bettered the condition of liberty in Britain? Before the Human Rights Act, liberty was described by Dworkin as â€Å"ill in Britain†. The GCHQ case is a good example of where the government wrongly infringed individual rights even though it believed that such an infringement would protect security of the nation. The Government had banned the civil servants from being members of trade unions. Following this decision senior judges supported the incorporation of the ECHR into UK law in the belief that minorities groups would gain protection from the â€Å"tyranny† of elected majorities by better protecting civil liberties. Although having the power of Judicial Review, courts largely looked the other way rather than trying to balance liberty against security. The paradox here is that while in theory the principle of the rule of law protects individual rights, in practice these rights are vulnerable to erosion by the judiciary, executive and legislature. ‘Liberty is ill in Britain’ YET this is the land of the free. Judges are being given more power YET they failed to use their existing powers to stop the decay of liberty. The HRA is said to be a weak sedative to a terminal condition. Although the act exists, the courts are limiting its application in a number of ways. Courts can interpret legislation with effect to the convention rights (s3) but they are using this interpretative obligation too narrowly. They have the power to make declarations of incompatibility (s4)but they are reluctant to use this power. Although these judicial failures are acknowledged, they are not addressed. Despite the incorporation of convention rights, the domestic courts continue to follow their previous approach in times of crisis. As a result Convention rights cannot stop the unstoppable state powers, including police stop and search warrants. In times of emergency the courts do not and will not protect the individual from the state. It will take more than the incorporation of convention rights to change the judicial role Solutions of HRA The HRA is a piece of legislation and not entrenched like the Bill of Rights (â€Å"BOR†) in USA therefore, as with any act of Parliament, could be repealed. Although in reality ramification could be an issue as rights under the signed Convention have now been greatly highlighted to citizens. After nearly two hundred years of debate over the UK having an ‘entrenched’ BOR the HRA was introduced, in lieu of Labour’s ‘second stage BOR commitment’ receding.   The then Home Secretary, Jack Straw, described it as â€Å"the first BOR this country has seen for three centuries†. The New York Times heralded the Act’s arrival with the headline â€Å"Britain Quietly Says it’s Time to Adopt a Bill of Rights† commenting that, finally, â€Å"ordinary Britons† will have a set of fundamental rights â€Å"similar to those guaranteed by the [US] Bill of Rights†. Conservative belief was that an entrenched BOR would be lethal for the doctrine of ‘parliamentary sovereignty’ as one Parliament will be able to bind its successor, traditionally not practiced. Contradictorily, the original English BOR of 1689 established the concept of parliamentary sovereignty by curbing the powers of the Crown. However, David Cameron, also conservative, has for many years been campaigning for the introduction of a British BOR. It had been brushed under the carpet for 18yrs until the Labour Party came into power. Labour were in favour of constitutional reform resulting in the Constitutional Reform Act 2005. The late Labour leader, John Smith, had committed his Party to support a British BOR in February 1993 as part of proposals to â€Å"restore democracy to our people – for what we have in this country at the moment is not real democracy; it is elective dictatorship†. Smith stated that â€Å"the quickest and simplest way† of introducing â€Å"a substantial package of human rights† would be to pass a Human Rights Act â€Å"incorporating into British law the European Convention on Human Rights,†. Our government, but not our courts, were bound by the ECHR since the post-war Atlee government ratified the ECHR in 1951. In 2008 Cameron spoke out saying that the HRA has become a ‘villains charter’ and should be scraped as criminals and terror suspects were using it as a shield, claiming   their rights were being violated whilst in custody. The Police also showed reluctance to publish pictures of wanted criminals for fear of breaching right of privacy. This notion was backed by the then Justice Secretary Jack Straw, a key architect in the creation of the HRA during the height of Labours Constitutional reform period. Both have criticised ‘nervous’ judges for failing to interpret the HRA adequately, for example not deporting terror suspects despite having the backing of ministers saying it was of national interest to do so. Home Secretary at the time Jacqui Smith also reinforced the notion that the HRA had made it difficult for their removal. Cameron’s call for a British BOR envisaged judges to ‘operate on principles of proportionality’.   Straw wants to keep the HRA but wants a rebalance of the rights set out, citizens to ‘obey law and be loyal to the country’. Cameron’s viewpoint was that an entrenched BOR, giving citizens broad outlines to entitlements and values, would insure that citizen’s rights would be guarded and not be subjected to repealed or changed with ease, as is the case with any act of Parliament. He believed it would also restore supremacy of Westminster over laws that seemed to have been imposed by Europe. Conclusion In reality Dicey’s view, which promotes the common laws central role in protecting ‘liberties’, and Parliament Acts both run parallel in the protection of human rights. In conclusion the Human Rights Act 1998 is a definite good first step towards a Bill of Rights, a possible second step in adopting a Bill of Rights would be to partly entrench ECHR so that it can be treated in the same way as EU law is today. Bibliography The Politics of the Common Law Perspectives, Rights, Processes, Institutions Adam Geary, Wayne Morrison and Robert Jago. Routledge-Cavendish ISBN 13: 978-0-415-48153-3 (pbk) Learning Legal Rules Sixth Edition James Holland and Julian Webb Oxford University Press ISBN 978-0-19-928250-0 Daily Mail 8 December 2008 Cameron will scrap Human Rights Act in campaign for UK Bill of Right dailymail.co.uk/news/article-1092716 Daily Mail 17 April 2011 Cameron was right: We need a Bill of Right By Geoffrey Robertson dailymail.co.uk/debate/article-1377729 Civil Liberties Law: The Human Rights Act Era. Noel Whitty, Therese Murphy and Stephen Livingstone. Butterworths ISBN 0-406-55511-7 INTRODUCTION TO THE STUDY OF THE †¨LAW OF THE CONSTITUTION Eight Edition A. V. Dicey Oxford, 1914 constitution.org/cmt/avd/law_con.htm Westlaw UK THE STUDY OF PARLIAMENT GROUP Paper No. 1 Alexander Horne Home Affairs Research Section, House of Commons The Changing Constitution: A Case for Judicial Confirmation Hearings? With a foreword by Sir Ross Cranston FBA spg.org.uk/spg-paper-1.pdf Lexis Library UK Research and Library Services Northern Ireland Assembly Research Paper 05/02 Revised February 2002 NORTHERN IRELAND BILL OF RIGHTS CONSULTATION: BACKGROUND AND COMPARATIVE INFORMATION niassembly.gov.uk/io/research/0502.pdf Civil Liberties and Human Rights Third Edition Helen Fenwick ISBN 1-85941-493-1 House of Lords House of Commons. Joint Committee on Human Rights. A Bill of Rights for the UK? Twenty–ninth Report of Session 2007–08 Published on 10 August 2008 by authority of the House of Commons London: The Stationery Office Limited publications.parliament.uk/pa/jt200708/jtselect/jtrights/165/165i.pdf Constitutional Administrative Law Seventh Edition Hilary Barnet Routledge-Cavendish ISBN10: 0-415-47312-8 (pbk) House of Commons Library. European Court of Human Rights rulings: are there options for governments? Standard Note: Last updated: Author: Section SN/IA/5941 18 April 2011 Vaughne Miller International Affairs and Defence Section parliament.uk/briefingpapers/commons/lib/research/briefings/snia-05941.pdf THE LAW COMMISSION (LAW COM No 323) ANNUAL REPORT 2009–10 The Forty-Fourth Annual Report of the Law Commission Laid before Parliament pursuant to section 3(3) of the Law Commissions Act 1965 Ordered by The House of Commons to be printed 29 June 2010 official-documents.gov.uk/document/hc1011/hc01/0127/0127.pdf Human Rights Act 1998 ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nisec2gensec/humanrights?view=Binary United Nations website un.org/en/documents/udhr/index.shtml The Equality and Human Rights Commission 2009 ISBN 978-1-84206-223-4. A Bill of Rights: Do we need one or do we already have one? Professorial Research Fellow Francesca Klug 2 March 2007 Irvine Human Rights Lecture 2007, University of Durham, Human Rights Centre (To be published in Public Law, Winter 2007) www2.lse.ac.uk/humanRights/articlesAndTranscripts/Durham07_Klug.pdf ALBA SUMMER CONFERENCE 2010 THE HUMAN RIGHTS ACT: THE GOOD, THE BAD AND THE UGLY Richard Clayton QC adminlaw.org.uk/docs/SC%202010%20by%20Richard%20Clayton.pdf The Guardian Newspaper Liberty’s response to the Joint Committee on Human Rights: â€Å"A British Bill of Rights† August 2007 liberty-human-rights.org.uk/pdfs/policy07/response-to-jchr-re-british-bill-of-rights.pdf Telegraph, â€Å"David Cameron: Scrap the Human Rights Act†, 24th August 2007 Human Rights Bill [H.L.] HL Deb 25 January 1995 vol 560 cc1136-74 http://hansard.millbanksystems.com/lords/1995/jan/25/human-rights-bill-hl The HRA 1998 has had little impact upon protecting the basic liberties of British subjects and could be repealed without any consequence. Introduction The HRA 1998 has had little impact upon protecting the basic liberties of British subjects and could be repealed without any consequence. IntroductionBibliography:Related Introduction The protection of rights and freedom of citizens and others within their jurisdiction is a basic duty of the state. In a majority of democratic states, fundamental rights are defined and protected through a written constitution. Under the United Kingdom’s, uncodified constitution, rights and freedoms have traditionally been protected either by Acts of Parliament often passed to meet particular needs or propagated by sudden needs of society or by the judges in developing the common law. One response to the ravages of the Second World War was the formation of the Council of Europe.Europe was one of the principal theatres of the Second World War, following which there was felt to be a great need for European political, social and economic unity. These objectives were perceived to be promoted, in part, by the adoption of a uniform convention designed to protect human rights and fundamental freedom. In 1949, the Council of Europe was established and the convention on human rights ratified by signatory states in 1951, coming in to force in 1953. Despite having been instrumental in the drafting of the text of the convention, the British government had strong reservation about the Convention and its impact on British constitutional law. As a result of this reservation, the British government remained reluctant, until 1997, to make the Convention rights directly enforceable before the domestic courts. Accordingly, until the Human Rights Act 1998, the Convention rights could only be enforced before the court of Human Rights in Strasbourg. It came into effect in England and Wales in 2000 but Convention rights were enforceable in Scotland from 1998 under the Scotland Act 1998 and in Northern Ireland under the Northern Ireland Act 1998 The incorporation of Convention rights into domestic law under the 1998 Act put an end, finally to the debate of transposition of these rights which had endured for decades. That long running debate focused on 3 principal concerns, namely the criticism that the convention is outdated and not tailored specifically to British conditions, that the Judiciary was ill equipped to assume the mantle of guardian of the Individual rights in the face of Executive power and the concept of Parliamentary Sovereignty and concerns over manner in which incorporation would effect the conventional balance of power between judges and Parliament. There was also the argument that the House of Commons, the democratically elected representative body of the people, was best equipped to respond to the better protection of rights. The effect of the Act is such that three avenues for challenging public bodies arise; first, a failure to comply with Convention rights now forms the basis for legal action. Secondly, a new ground for judicial review has been introduced namely the alleged breach of human rights. Third, convention rights may in some circumstances be used as a defence to actions brought by public bodies. The Act provides a charter of rights now enforceable before the domestic courts. theist effectiveness however rests on the course of action on which the judiciary embarks upon.   The judges have to have a willingness to defend Convention rights to protect individuals preventing the government’s encroachment to the greatest extent possible. Moreover the judges need to ensure compliance with declarations of compatibility with Convention rights   to ensure compliance with declarations of compatibility with Convention rights and the energy with which individual citizens are prepared to assert their rights in courts of Law. The Act, in the government’s view, was intended to provide a new basis for judicial interpretation of all legislation; not a basis for striking down any part of it. However, notwithstanding the careful drafting of the HRA in order to preserve sovereignty the judges appear to be developing the concept of the constitutional statute; one constitutional statute, one consequence of which is that the doctrine of implied repeal does not operate and only express intention to amend or repeal the Act will have effect. Section 2 of the HRA requires that the domestic courts to take into the account, interalia judgments of the court of Human Rights. This does not however mean that the courts are bound to follow slavishly such judgments. The issue was central to the case of Kay v Lambeth. The primary focus of the convention rights is on public authorities. HRA 1998, S.6 (1) states: â€Å"It is unlawful for a public authority to act in a way which is incompatible with a convention right.† S.6 (3) states: â€Å"Any person certain of whose functions are functions of a public nature.† The definition of the public body was considered by the Court of Appeal in R v Leonard   Cheshire Foundation (2002). Although some bodies are clearly public authorities such as government departments, local authorities, the police, the Inland Revenue and others who have no private function, the Act does not define ‘public authority’ The restrictive approach of the Courts, illustrated most starkly by the Leonard Cheshire case and the YL case has been subjected to strong criticism by the Joint Committee on HR in the meaning of Public Authority under the HRA. The Committee highlights the implications of the narrow interpretation of public bodies for a range of particularly vulnerable people in society. The Committee endorsed the view that the key test for whether a body exercised a public function should be whether the relevant function is one for which the government has assumed responsibility in the public interest. It should not depend on whether the body is acting under statutory authority or under contract. The Committee considered that the current position is unsatisfactory and unfair and continues to frustrate the intention of Parliament. S.3 HRA requires the courts to interpret primary and subordinate legislation in a way which is compatible with the Convention, so far as it is possible to do so. The House of Lords in R v A 2002 laid down the basis for the reinterpretation of a statutory provision to make it compatible with convention rights which was followed in Ghaidan v Godin Mendoza   2004. Declarations of incompatibility are regulated by s.4, which provides that if a court is satisfied that a provision of primary or subordinate legislation is incompatible with one or more convention rights, it may make a declaration of incompatibility and s.5 of HRA 1998 confers on a minister the right to be heard. The purpose of s.5(2) is to ensure that the appropriate minister has an opportunity to address the court on the objects and purposes of the legislature in question and any other matters which might be relevant. Article 13 of the Convention which provides that everyone shall have an effective remedy before a national authority has deliberately not been incorporated. Instead, s.8 provides that, where a court finds that a public authority has acted unlawfully, it may grant â€Å"such relief or remedy, or make such order within its jurisdiction as it considers just and appropriate. Accordingly, courts and tribunals may only award as remedy which is within their statutory powers. Damages may only be awarded by a court which has power to award damages or to order the payment of compensation in civil proceedings and no award of damages is to be made unless, taking in to account all the circumstances of the case and any other relief or remedy available, the court is satisfied that the award is necessary to afford just satisfaction to the complainant. The HRA introduced a disturbance or a perturbation in the judicial practice of precedent is testified by the case of R v Lambert and R v Kansal .   However this dilemma was put to rest in these cases when it was suggested that the interpretative powers given to the judiciary should not be exercised retrospectively. Lately an escalating debate has been witnessed against the HRA. These controversies provide an important backdrop to the legal developments in this field. The Prime Minister has frequently challenged the value of the European Court of Human Rights and the HRA criticizing the Act. Deportation of terrorists and the threat they pose to national security has been a prevalent practice which has been a flagrant breach of the rights granted under the Convention. The Conservative Party in the UK has even proposed to scrape off the Act and replace it with a complete UK Act which shall preserve public interest and national security policies more than any regional or international pacts. In July 2006 the Department of Constitutional Affairs (DCA) published its review of the Implementation of the HRA. It considered the development of substantive law and decided that HRA had no significant impact on criminal law and that the HRA’s impact on counter terrorism legislation arose from the decision of the ECtHR rather than the HRA itself. The review opined that in other areas the HRA had had a beneficial impact and had not significantly altered the conational balance between Parliament, the Executive and the Judiciary. The Review also concluded that the HRA had not affected the outcome of the cases largely as the Convention rights might not be directly related to the facts of the case or interference with the Convention rights might be justified or a similar right might already be recognized by common law. The Review canvassed various options for the future. The Government had ruled out with drawing from the European Convention on Human Rights or repealing the HRA. It would be possible, however, to amend the HRA using the margin of appreciation to require the courts to give particular respect to public safety in a similar way to ss.12 and 13 in relation to freedom of expression and freedom of thought. The Government also proposed to take a more proactive, strategic and coordinated approach to HRA litigation. By studying HRA, all law subjects are now open to a human rights analysis and the next few years will see the application of those principles tested to the fullest. Many cases to date have received widely spread publicity, not surprisingly given that many of the big human rights case raise issues that are politically or morally contentious and often emotionally charged: for example the Art 8 rights to privacy of Venables and Thompson, the convicted murders of toddler Jamie Bulger. The Art 5 rights of those alleged to be supporters of terrorism. A and others v Secretary of State for Home Department and the rights and wrongs of assisted suicide in cases of terminal illness or life threatening disability, R v DPP, exparte pretty 2001. the rages of cases is ever increasing as these new principles are tested. After the non binding Universal Declaration of the HRA, many global and regional human rights treaties have been concluded. Critics argue that these are unlikely to have made any actual difference in reality. Others contend that international regimes can improve respect for HR in state parties, particularly in more democratic countries or countries with a strong civil society devoted to Human Rights and with transnational links. The finding suggest that rarely does treaty ratification have unconditional efforts on HR. instead, improvement in human rights is typically more likely the more democratic the country or the more international nongovernmental organizations its citizens particular in. Conversely, in very autocratic regimes with weak civil society, ratification can be expected to have no effect and is sometimes even associated with more rights violation. Bibliography: A. Barnett, H., M. Diamantides, Public law (Guide), (London: University of London Press, 2007) A. Edward, Richard, Judicial Defence under the Human Rights Act, The Modern Law Review, Vol. 65. No. 6, (Blackwell Publishing, 2000). Barnett, Hilaire, Constitutional Administrative Law,(London: Routledge. Cavenish taylor Francis Group, 2009). Clayton, Richard, Eurpion Human Right Law Review (2007). De Beats, Antoon, The impact of the Universal Declaration of the Human Right on the study of History, History and theory, Vol. 48, No. 1 (Blackwell Publishing, 2009). Gearey, Adam, Wayne and Robert Jago, the Politics of the Common Law,(London:   Routledge. Cavenish Taylor Francis Group, 2009) Holland, James, Julian Webb,Learning Legal Rules, Sixth Edition, (London: Oxford University Press, 2006). Kavanagh, Aileen, The Role of Parliament Intention in Adjudication under the Human Right Act 1998, Oxford Journal of Legal Studies, Vol. 26, No. 1,(London: Oxford University Press, 2006).