Monday, May 25, 2020

Indian constitutional law - Free Essay Example

Sample details Pages: 10 Words: 2975 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Narrative essay Tags: Indian Culture Essay Political Essay Did you like this example? Such commissions are appointed to ensure that administration of the state is carried on in accordance to the provisions of the Constitution. However, the abuse of this power for political purposes cannot be ruled out. In his dissenting judgment in State of Karnataka v Union of India[i], the learned Judge held that such enquiry commission by the Union would impinge on the right of the state to function in its limited sphere allowed to it by the Constitution. Don’t waste time! Our writers will create an original "Indian constitutional law" essay for you Create order Learned judge held that as there is no specific Article in the Constitution enabling the Union Government to cause an enquiry into Governmental function of the state, the power cannot be assumed by ordinary legislation, but resort must be had to a Constitutional Amendment. The learned judge held that the word à ¢Ã¢â€š ¬Ã‹Å"enquiriesà ¢Ã¢â€š ¬Ã¢â€ž ¢ in entry 45 of list III should not be given a wide meaning as conferring on the Union and the state governmental powers to enact a provision to embark on an enquiry as to the misuse of governmental powers by the other. à ¢Ã¢â€š ¬Ã‹Å"Government cannot be carried on in accordance with the provisions of the Constitutionà ¢Ã¢â€š ¬Ã¢â€ž ¢ The expression is used in the same sense in Articles 355-356. It has a very wide scope. It means the failure of a state government to work according to the constitution, in circumstances which have no necessary connection with external aggression, internal disturbance or violence, though this maybe the cause of the failure in particular cases. In fact, Article 356 contemplates cases of constitutional breakdown due to causes other than external or internal aggression (in the form of an armed rebellion), for which provision has an earlier been made in Article 352, and the case of financial breakdown which is dealt in Article 360. Thus, the Constitution itself provides that a Proclamation under Article 356 can be issued on the mere ground that the state has failed to carry out any of the directions issued under any of the relevant provisions of the Constitution.[ii] When compared with cl.(1) of Article 352, it is evident that Article 356(1) does not speak of any emergency of any kind; in fact the word à ¢Ã¢â€š ¬Ã‹Å"emergencyà ¢Ã¢â€š ¬Ã¢â€ž ¢ is not used anywhere in Article 356. It is a proclamation intended either to safeguard against the failure of the constitutional machinery in a state to repair the effects of breakdown. It may be either a preventive or a curative acti on. A court can however interfere with such an action by the President as has no connection with the breakdown of the constitutional machinery, e.g., if a suspension of a state government is ordered only because the Chief Minister belongs to a particular caste or creed. This would be an instance of ultra vires, that is the use of the power for a purpose other than that intended by the Article. Of course, while the marginal note to Article 356 uses the words à ¢Ã¢â€š ¬Ã‹Å"failure of constitutional machinery in statesà ¢Ã¢â€š ¬Ã¢â€ž ¢, cl.(1) of the Article uses the words cannot be carried on in accordance with the provisions of the Constitution. The latter are indeed words of the widest import, and if applied literally, they might mean the failure of the state government to comply with each and every provision of the Constitution, and whatever maybe the extent or degree of such failure. Article 356 produces the chapter headings of Government of India Act, 1935. Machinery o f Government does not ordinarily fail if this or that violation of the Constitution is violated, in the course of the states multifarious activities. The Directive Principles of State Policy which are à ¢Ã¢â€š ¬Ã…“provisions of the Constitutionà ¢Ã¢â€š ¬Ã‚  furnish a clearest instance of this. For example it would be absurd to suggest that if a state government did not carry out the Directive of State policy contained in Article 47 relating to the prohibition of intoxicating liquor that it can be said that there was a failure of constitutional machinery in the state. The state has merely exercised its legislative power in permitting the use of intoxicating liquor under liquor licensing laws and the state must bonafide come to the conclusion that the introduction of prohibition might be attended with greater evils which are undoubtedly produced by the consumption of intoxicating liquor. But the expression à ¢Ã¢â€š ¬Ã…“provisions of the Constitutionà ¢Ã¢â€š ¬Ã‚  should be interpreted not in a narrow literal sense to signify only the formal words in the Constitution, but also comprising convention, usages and the democratic spirit underlying the Constitution. If forms of the Constitution are used to subvert its spirit, then the Constitution can be regarded as having broken down in the states. The exercise of the power under Article 356 is an extraordinary one and need to be used sparingly when the situation contemplated by Article 356 warrants to maintain democratic form of Government and to prevent paralyzing of the political process. Single or individual act or acts of violation of the Constitution, good, bad or indifferent administration does not necessarily constitute failure of the Constitutional machinery or characterizes that a situation that has arisen which the Government of the state cannot be carried on in accordance with the Constitution. The powers given to the President by Article 365 are necessarily sufficient deterrent to State Governments not to defy directions given to them in the lawful exercise of the Union Governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢s authority and power.[iii] The learned author further says à ¢Ã¢â€š ¬Ã…“the exercise of that (i.e. power under Article 356) must be limited to a à ¢Ã¢â€š ¬Ã…“failure of constitutional machineryà ¢Ã¢â€š ¬Ã‚ , that is, to preserving the parliamentary form of Government from internal subversion, or from carrying on of Government practically impossible. Again, power under Article 356 may be exercised where the Governments of the states have been conducted for a period of time in disregard to the Constitution and the law. In the Rajasthan case,[iv] however, there are some observations which interpret the wider expression in Article 356(1) as equivalent to the expression à ¢Ã¢â€š ¬Ã‹Å"breakdown of the constitutional machineryà ¢Ã¢â€š ¬Ã¢â€ž ¢. At any rate, most of the Judges use the two expressions as interchangeable. It would be conducive to the national interest if both the legal and political world in India adhere to the narrow interpretation[v] for the following reasons: (i) If the history of the provision is to guide its interpretation, the observation of the architect, Dr. Ambedkar, are emphatic on the point that the scope of the Article would be confined to the sense of à ¢Ã¢â€š ¬Ã‹Å"breakdown of constitutional machineryà ¢Ã¢â€š ¬Ã¢â€ž ¢- and that this was an exceptional provision which should be applied only in the last resort. (ii) Even if one seeks to exclude the marginal note of Article 356 and to confine the interpretation to the words (failure to carry on the Government of the state) in accordance with the provisions of the Constitution, but the failure to maintain the à ¢Ã¢â€š ¬Ã‹Å"form of the Constitutionà ¢Ã¢â€š ¬Ã¢â€ž ¢, which in relation to the Provincial part of the Constitution meant the form of à ¢Ã¢â€š ¬Ã‹Å"responsible governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢ as Krishnaswami Ayyar explained. (iii) The foregoing narrow interpretation would also follow that the premises explained by the framers of the Constitution themselves that Article 356 was a corollary or adjunct to the duty of the Union under Article 355 had been drafted on the model of Article IV(4) of the Constitution of the U.S.A. which enjoined the United States to guarantee to every state in the Union à ¢Ã¢â€š ¬Ã…“ a republican form of governmentà ¢Ã¢â€š ¬Ã‚ . Broadly speaking that expression has been formed to mean à ¢Ã¢â€š ¬Ã…“a form that, as distinguished from aristocracy, monarchy or direct democracy rests on the consent of the people and operates through representative institutionsà ¢Ã¢â€š ¬Ã‚ .[vi] If that be so, neither the provisions in Article IV(4) of the American Constitution nor Article 355of the Indian Constitution (can be used to subvert the normal system of Government in a state on the plea of violation) of particular provisions of the Constitution, short of breakdown of the Constitutional machinery or form of r epresentative and responsible government. (iv) This would follow from the interpretation given by the makers of the Constitution to Article 355(draft Article 277A) to which Article 356 was intended as a supplement. It was explained that the draft Article 277A was an amalgation of Article IV (4) of the American Constitution and s.61 of the Australian Constitution Act, which empowered the executive Government of the Common wealth to à ¢Ã¢â€š ¬Ã‹Å"maintainà ¢Ã¢â€š ¬Ã¢â€ž ¢ the Constitution. It does not appear that there is any case in which the expression à ¢Ã¢â€š ¬Ã‹Å"maintenance of the Constitutionà ¢Ã¢â€š ¬Ã¢â€ž ¢ has been interpreted to enforcement of every provision of the Constitution Act, as distinguished from the constitutional system in toto. The expression à ¢Ã¢â€š ¬Ã‹Å"in accordance with the provisions of the Constitutionà ¢Ã¢â€š ¬Ã¢â€ž ¢, in Article 355 is, therefore to be interpreted in the light of the other two serious situations which precede this expression , namely, à ¢Ã¢â€š ¬Ã‹Å"external aggressionà ¢Ã¢â€š ¬Ã¢â€ž ¢ and à ¢Ã¢â€š ¬Ã‹Å"internal disturbanceà ¢Ã¢â€š ¬Ã¢â€ž ¢. Therefore, it is the duty of the Union Government to protect (the states) against external aggression, internal disturbance and domestic chaos and to see that the Constitution is worked in a proper manner both in the states and the Union. If the Constitution is worked in a proper manner, in the States, that if responsible government as contemplated by the Constitution functions properly, th v) Dr. Ambedkar further explained that the federal system and the autonomy of the States within the sphere allotted to them by the Constitution were the foundations of the Constitution and that Articles 355-356 were introduced as exceptions to that normal system only when there was a likelihood of the failure of a state to maintain that system itself, in which case the Union would enforce its obligation to maintain that system: à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦ in view of the fact that we are endowing the provinces with plenary powers and making them sovereign within their own field. It is necessary to provide that if any invasion of the provincial field is done by the Centre it is in virtue of this obligationà ¢Ã¢â€š ¬Ã‚ , Namely the obligation to protect the states from external aggression or internal commotion or to maintain the Constitution in the Provinces i.e. the states. (vi) the very fact that the provision in Article 356 is included in Part XVIII as an à ¢Ã¢â€š ¬Ã‹Å"Emergency Provisionà ¢Ã¢â€š ¬Ã¢â€ž ¢- even though as the Court has said, it has no relation to an emergency of any kind dealt with in Article 352- would lead to the conclusion that the situation contemplated in Article 356 is not one of mere irregularity or difficulty, but one in the nature of an emergency,- a breakdown of the Constitutional machinery, which calls for an abnormal remedy. In the Rajasthan case (para 40)[vii], BEG, C.J., preferred to take the wider interp retation of Article 356(1), to have both a preventive and a curative purpose, viz., (a) à ¢Ã¢â€š ¬Ã‹Å"to safeguard against the constitutional machinery in a stateà ¢Ã¢â€š ¬Ã¢â€ž ¢, as well as to repair the effects of a breakdown. In view of the views expressed by Dr.Ambedkar and other supporters of the provision in the constituent assembly, the proper view would be whether the purpose can be preventive or creative, the power can be used only in extreme cases, viz., when there is an actual or imminent breakdown of the constitutional machinery, as distinguished from a failure to observe particular provisions of the Constitution. The Proclamation dated 21.4.1989 under Article 356 was challenged before the Karnataka High Court and a full bench of the High Court dismissed the Writ Petition. The matter was taken in appeal before the Supreme Court and nine learned judges and considered the scope and power of Article 356.[viii] Similar proclamations were issued in regard to the Governm ent of Rajasthan, Madhya Pradesh, Himachal Pradesh on 15-12-1992. The Government of UP was also dismissed by issuing a Proclamation on 6-12-1992. Meghalaya and Nagaland Governments were also dismissed by Proclamation. All these proclamations were challenged before the Supreme Court and they were disposed by a common judgment in Bommai S.R v Union of India[ix]. In that decision, the Court held that the proclamation under 356 in so far as states of Karnataka, Nagaland and Meghalaya were concerned,was unconstitutional. In S.R.Bommai v Union of India, [x]it was held that a proclamation under Article 356 is justiciable and the Courts could look into the materials or the reasons disclosed for issuing the proclamation to find out whether those materials or reasons were wholly extraneous to the formation of the satisfaction and had no rational nexus at all to the satisfaction reached under Article 356. The Court upheld the proclamation based on the Governorà ¢Ã¢â€š ¬Ã¢â€ž ¢s report o f horse trading among the legislators. The Court rejected the argument that the Governor should have ascertained the support of the Chief Minister on the floor of the House. In so far as the proclamation of emergency in Madhya Pradesh was concerned, it was challenged initially before the High Court reported in Sunderlal Patwa v Union of India.[xi] The full bench of majority of two to one invalidated the Proclamation under Article 356 issued on 15-12-1992. These incidents, the majority did not find adequate to justify an action under Article 356 must be if such magnitude as to satisfy the President that it would be impossible for the Government to carry on the state administration in accordance with the provisions of the Constitution, as stated in Article 355. According to the High Court, no such ground or reason was made out for the invocation of power under Article 356. So far as the state of Nagaland was concerned, the same was also challenged before the High Court. The Divi sion Bench differed on the effective operation of Article 74(2) of the Constitution and hence the matter was referred to a third judge. But before the matter could be heard by the third judge, the Union of India moved the Supreme Court and the proceedings before the High Court was stayed. The Governorà ¢Ã¢â€š ¬Ã¢â€ž ¢s report was in that case was in consequence of split in the ruling Congress Party and on the allegations of horse trading and alleged connection of some members of assembly with insurgency. In regard to Meghalaya, the assembly was dissolved on the ground that the Constitutional functionary has failed to release the binding legal consequences of the orders of the Supreme Court and the Constitutional obligation to give effect to the said order. Article 356 was invoked in the State of Rajasthan, Madhya Pradesh and Himachal Pradesh on the ground that many members of the Assembly had participated in Kar Seva at Ayodhya after the demolition of Babri Masjid at Ayodhya. The proclamation was issued on the ground that à ¢Ã¢â€š ¬Ã…“secularismà ¢Ã¢â€š ¬Ã‚  which is part of basic structure if the Constitution has been violated and the Governments of these states cannot discharge their functions honestly and effectively. The writ petitions challenging the proclamations in state of Rajasthan and Himachal Pradesh were transferred to the Supreme Court on the request of the Union of India. Before considering the judgment in Bommaià ¢Ã¢â€š ¬Ã¢â€ž ¢s case, let us consider what transpired before the constituent assembly and its debates and also the recommendation of Justice Sarkaria Commission. Dr.Ambedkar observed, this drastic power as a penalty for unconstitutional acts done by a state government can be used only after other remedies have failed. In short, the Union cannot supersede a state government simply for the sake of à ¢Ã¢â€š ¬Ã‹Å"good governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢ of the state.[xii] While exercising this power, the Government in power at th e Centre will also remember that its only object as a member of the drafting committee explained was to act as a à ¢Ã¢â€š ¬Ã‹Å"safety valveà ¢Ã¢â€š ¬Ã¢â€ž ¢ to save the Constitution itself and was thus à ¢Ã¢â€š ¬Ã…“to be tolerated as a necessary evilà ¢Ã¢â€š ¬Ã‚ . Its use must therefore to claim that toleration be few and far between. Just as the frequent use of the amending power takes away the sanctity and reverence which is the foundation of every written constitution, similarly a frequent use of the emergency provision in Article 356 lamentably demonstrates that we are neither fit for federalism nor the Parliamentary system of government. Sarkaria,J.,made the following recommendations: à ¢Ã¢â€š ¬Ã…“1. Article 356 should be used sparingly, in extreme cases, as a measure of last resort, when all available alternatives fail to prevent or rectify a breakdown of Constitutional machinery in the state. All attempts should be made to resolve the crisis, its causes and ex igencies of the situation. These alternatives may be dispensed only in cases of extreme emergency where the failure on the part of the Union to take immediate action under Article 356 will lead to disastrous consequences. 2. A warning should be issued to the errant state in specific terms that it is not carrying on the government of the state in accordance with the Constitution. Before taking action under Article 356 any explanation received from the state should be taken into account. However, this may not be possible in a situation when not taking immediate action would lead to disastrous consequences. 3. When an à ¢Ã¢â€š ¬Ã…“external aggressionà ¢Ã¢â€š ¬Ã‚  or à ¢Ã¢â€š ¬Ã…“internal disturbanceà ¢Ã¢â€š ¬Ã‚  paralyses the state administration creating a situation drifting towards a potential breakdown of the constitutional machinery of the state, all alternative causes available to the Union for discharging its paramount responsibility under Article 355 should be ex hausted to contain the situation. [i] State of Karnataka v Union of India, AIR 1978 SC 68 (para 40). [ii] State of Rajasthan v Union of India, AIR 1977 SC 1361 paras 28, 39, 40 (Beg. C.J); 124(Chandrachud, J.); 137(Bhagwati, J.); 209 (Fazl Ali. J). [iii] H.M. Seervai, Constitutional Law of India, 4th Edition, 2007 Reprint, Volume III at pages 3090-91. [iv] State of Rajasthan v Union of India, AIR 1977 SC 1361 paras 28, 39, 40 (Beg. C.J); 124(Chandrachud, J.); 137(Bhagwati, J.); 209 (Fazl Ali. J). [v] Sarkaria Commission has adopted this view [Rep. I, paras 6, 3, 23], p.94. [vi] Corwin Peltason, Understanding the Constitution, (1967). [vii] State of Rajasthan v Union of India, AIR 1977 SC 1361 paras 28, 39, 40 (Beg. C.J); 124(Chandrachud, J.); 137(Bhagwati, J.); 209 (Fazl Ali. J). [viii] S.R.Bommai v Union of India, AIR 1994 SC 1918. [ix] S.R.Bommai v Union of India, AIR 1994 SC 1918 [x] S.R.Bommai v Union of India, AIR 199o Kant 5 (supra). [xi] Sunderlal Patwa v Union of India, 1993 Jab LJ 387 (FB). [xii] T.T.Krishnamachari, IX, C.A.D.,123, 125.

Friday, May 15, 2020

The Social Life Of Megan Meier - 1533 Words

CHAPTER I Introduction Megan Meier was a regular teenager who enjoyed all types of leisure activities, such as fishing with her father, playing volleyball, watching horror films, including helping her friends out and playing with her dog. Unfortunately, society has pressured woman regarding body standards and their desperation of trying to look â€Å"less fat†. Thus, Megan had weight issues and this slowly caused her depression and her self-esteem dropped drastically. Her parents relocated her to a private school when she was in eighth grade, which was a significant good decision for them as she started to feel more confident in her skin. At the age of fourteen, Megan requested to her parents a MySpace account. Her parents granted her request, along with several restrictions for her such as approving her page content, letting them know her password, being present in her room while she was online, and setting her profile to private. Moreover, Megan slowly started to develop an online social life. This was very common in the teenage era. In September 2006, Megan received an unusual request from a stranger. His name was Josh Evans. By looking at his profile, it seemed that he was an attractive, decent-looking, young boy with no intended harm. Her mom, Tina, wasn’t sure about this, but following with some unwillingness uncertainty, she granted Megan permission to accept Josh’s request. Furthermore, Megan’s relationship with Josh made her attitude change from dull and grey toShow MoreRelatedTelevisions Effect On Society1475 Words   |  6 Pagesconsider to be fundamental. Voters and officials alike must pay attention to the media. Television has significant effect on our general public. It has changed the ways of life of the general population and has turned into a noteworthy impact in our way of life. Not at all like printing, which took many years to impact the way of life, TV s effect was practically quick. Television has involved an imperative position in homes and therefore, it is certain to have an effect on the people and the generalRead MoreCyber Bullying Essay example1112 Words   |  5 PagesSocial Networking has taken bullying to the extreme. Before advanced technology, children and teenagers were troubled by school bullies. Today, they are targeted by bullies via internet. Most people undergo some form of bullying in life. Growing up, I experienced the typical name calling and spiteful comments. I also dealt with minor cases of virtual bullies. These bullies are known as cyber bullies. I find this topic compelling because it’s a matter that has spiraled out of control. â€Å"Cyber bullyingRead MoreArgumentative Essay932 Words   |  4 Pagesï » ¿Argumentative Essay Braden Rawson Social Networking or the use of specific websites or applications to interact with other users is one of the many key and driving factors today in our world. We find ourselves lost for many minutes or possibly hours at a time on any particular app or website. Looking deeper into the issue of social networking and its impact on our life, I highly doubt we have accomplished anything at all. A very smart man once said, â€Å"Time is money.† If that quote is true do weRead MoreNegative Effects Of Cyber Bullying1528 Words   |  7 PagesBullying in America Today|NoBullying|, 2015). What do you think a preteen is going to do when there is no supervision while online? They are going to test their limits, go on sites they shouldn’t and that leads to going to chats, Facebook or any other social media sites, and maybe one day a particular student got into an argument with a classmate, see that they are also online and gets angry and starts saying mean things, then it escalates, and who knows where it ends, above all parents need to monitorRead MoreBullying Awareness Programs Should Be Beneficial1148 Words   |  5 Pagesfacing the ordeal of bullying. For example, a girl named Megan Taylor Meier who was an American teenager from Dardenne Prairie, Missouri committed suicide by hanging herself three weeks before her 14th birthday on October 17, 2006. One year after her death, Megan’s parents started an investigation and learned that their daughters’ suicide attributed due to cyber bullying through the social networking site MySpace. Megan had been under the care of a psychiatrist since the third grade, andRead MoreEssay on The Growing Epidemic of Cyberbullying1121 Words   |  5 Pageshas gotten so dangerous that children have killed each other and/or committed suicide after having been involved in a cyber bullying incident. Little attention and support from school authorities, more access to computers, and the latest cool thing (social networks) are all factors that have contributed to the rising of cyber-bullying practices. Cyber bullying is when a preteen or teen is harassed, threatened, humiliated, embarrassed or otherwise molested by another child with the useRead MoreTaking a Look at Bullying676 Words   |  3 Pagessomeone raise their confidence, the victim is helpless and insecure so this problem needs to be stopped as a result, the possible victims can feel safe and protected out in the public. Bullies can come in all different sizes and shapes, having a hard life at home can be a reason why bullies bully other reasons can be because they just like to pick on people. A bully can result from being raised in a family that does not have any morals or any structures. Spanking, hitting, shoving and other forms ofRead MoreBullies Need a Harsher Punishment1538 Words   |  7 Pageswere ignored. Teen Suicide Cases Phoebe Prince was not just an immigrant girl; she was a beautiful 15-year-old girl who moved to South Hadley, M.A. from a small village in western Ireland. Like many teenage girls driven by a technological social life, Phoebe created a profile on a popular networking site. Unbeknownst to her, trying to fit in would ultimately rear its ugly head. As a freshman, she dated Sean Mulveyhill, but after their breakup, he and four other persons began to harass PhoebeRead MoreCyberbullying: an Issue Beyond Adolescence Essay4085 Words   |  17 Pagesas describe several case studies that reflect the results of being victimized. These studies are represented by research conducted by accredited sources. Within this research paper, we will talk about the life of four young adolescents who were taunted, bullied, humiliated, and harassed via social media and the decisions they made. This research paper discusses that cyberbullying is a problem beyond childhood and adolescence and will provide possible solutions taking into account that although thereRead MoreTaking a Look at Cyberbullying1105 Words   |  4 PagesIn May 2013, Gabrielle Molina, a 12 year old excellent and outwardly positive student, took her life after being called a â€Å"slut† and a â€Å"whore† online. Throughout the use of social media, teens are potentially susceptible to become victims of cyber-bullying, and the drama that rises from it could work as a catalyst in the development of psychological traumas. To help the prevention of bullying, parents and schools must work hand in hand in this issue by incorporating anti-bullying education in their

Wednesday, May 6, 2020

Response to The Futile Pursuit of Happiness, by Jon...

The Futile Pursuit of Happiness by Jon Gertner was published in September of 2003. It is an essay that discusses the difference between how happy we believe we will be with a particular outcome or decision, and how happy we actually are with the outcome. The essay is based on experiments done by two professors: Daniel Gilbert and George Loewenstein. The experiments show that humans are never as happy as we think we will be with an outcome because affective forecasting and miswanting cause false excitement and disappointment in our search for true happiness. Gertner jumps right into his essay with examples. He repeatedly states that we are wrong to think that nice things will make us happy. His language starts out blunt and†¦show more content†¦Gertner claims that these mistakes in expectations can lead to making bad choices in what we think will make us happy. This is called miswanting. Gertners explanation of miswanting is filled with more examples and experiments. The experiments are credible; they are done by professors at prestigious colleges. The examples are also believable. They are very helpful because they make the reader think back to a time when they really wanted something that they couldnt have, which is what miswanting is. People think that the key to being happy is getting the future they want. Gertner says that the real problem is figuring out which of those futures is going to have the higher payoff and is really going to make us happy. But, sometimes we make alarming choices depending on what type of mental state we are in. In the next few paragraphs, Gertner discusses hot and cold states. He uses, yet again, examples and experiments to get his point across. The example he gives about Loewenstein is very effective. He also gives the reader a little comic relief with his Superfreak example. Hot and cold states can affect the way we think when making decisions. A hot state is brought about by anxiety, fear, courage, drug craving, sexual excitation, or something else which tends to make us think a little irrationally. A cold state is when we are mentally calm. The studies show that while

Tuesday, May 5, 2020

Management Accounting of Control Practices Free Samples to Students

Question: Discuss about the Management Accounting of Control Practices. Answer: Introduction: The company uses to add the markup on the various cost items to determine the product costs. It distributes the costs between its two types of delivered items in accordance to the numbers of carton ordered. Such overhead allocation system is stated as traditional cost allocation method, which considers any single cost driver to allocate the total overhead costs. Though, traditional cost allocation method is a very popular method, it has certain limitations. It has been observed that it does not provide appropriate outcome for multiple product trading or manufacturing units. The company delivers the products either via commercial freight or under drop-ship delivery system. The costs for the two delivery systems are different from each other. For instance, it has to pay freight for commercial freight system and for drop-ship delivery system; it has to bear delivery van expenses. Hence, it would be inappropriate to distribute the freight cost to the orders, delivered under drop-ship delivery system or delivery van expenses to orders, shipped via commercial freight (Hglund et al. 2016). It is not necessary that the data entry department would provide same time for all the orders. Moreover, the company operates at various data entry levels, which require different labor hours. All the queries, attended by the data entry department, is not converted into sales at all the time. Therefore, the number of orders, booked, cannot be the appropriate cost driver for allocating the costs for this activity (Shu et al. 2014). As per the discussions, it is clear that the number of orders does not relate with these activities. Therefore, allocation of these expenses, under traditional method, cannot ascertain the proper product cost, which results in improper pricing of products. References: DRURY, C.M., 2013.Management and cost accounting. Springer. Groot, T. and Selto, F., 2013.Advanced management accounting. Pearson Higher Ed Hglund, L., Holmgren Caicedo, M., Mrtensson, M. and Svrdsten, F., 2016. Management accounting of control practices: a matter of and for strategy. Inthe 9TH INTERNATIONAL EIASM PUBLIC SECTOR CONFERENCE, held in LISBON, PORTUGAL, SEPTEMBER 6-8, 2016. Kaplan, R. and Anderson, S.R., 2013.Time-driven activity-based costing: a simpler and more powerful path to higher profits. Harvard business press Shu, F., Weidong, Z., Zhuo, L.Z., Haibin, C. and Yaohui, Z., 2014. The application of time driven activity-based costing in fine cost management of the hospital.Jiangsu Healthcare Administration,6, p.063

Tuesday, March 10, 2020

Effects of World Hunger

Effects of World Hunger Introduction According to the World Food Programme (WFP), approximately 925 million people in the world are undernourished today. That means that one out of seven people is not able to get sufficient food to lead a healthy and active life. This makes hunger be on the top of the list of risks to good health globally.Advertising We will write a custom research paper sample on Effects of World Hunger specifically for you for only $16.05 $11/page Learn More Effects of hunger as risks to health are much higher than those of â€Å"AIDS, malaria and tuberculosis all combined† (World Food Programme p. 1). Hunger refers to unavailability of food (World Hunger Education Service p. 1), but it is also taken to mean vulnerability to disease due to micronutrient deficiencies. Effects of hunger are adverse, crippling not only the individual but also becoming a burden to a developing world. Food security is not a concern for the developing and the underdeveloped coun tries alone but it for the developed states, such as the United States. Statistics released in September 2011 indicate that in the year 2010, 14.5% of all households were food-insecure (that is one out of every seven households) with 5.4% of all the United States households having very low food security (World Hunger Education Service p. 1). There are arguments that the United States shoulders the blame for world hunger as regards to its spending so much on defense purposes and military operations. For example, in Afghanistan and Iraq, such tactics caused extreme poverty in these countries. America should not be blamed alone for world hunger, but it is logical to argue that it takes some of the blame; many factors contribute to hunger. Poverty being the principal cause calls for measures to be taken to address its eradication as an initiative to reduce world hunger. America being a superpower has a major role to play in world hunger level reduction as it has an edge on global econom ic matters and in how financial aid is allocated by financial bodies like the World Bank and International Monetary Fund to poor countries. This paper considers America’s role in world hunger, how the country has increased it through poverty caused by its military operations, sanctions due to political interests and its influence in allocation of funds to political allies and â€Å"friendly states† rather than to poverty stricken countries. World hunger is a result of many interrelated factors. America does play a major role in, but there are also a lot of factors that cannot be simply ignored when it comes to issues of world poverty. This paper argues America’s influence on world hunger, the roles it has played and other factors that have led to the current facts and figures as well as the place food aid takes in eradicating hunger.Advertising Looking for research paper on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Losses that are incurred due to food wastage result in gaps in the food supply chains and inadequate food storage facilities. The paper also examines that current food production is sufficient enough to feed the current world population and shows that this participation in export commodities is opposed to food producing agriculture. Undemocratic economic and political policies conflicts because of poverty of stricken nations, and our attitude towards hunger are among other factors that maintain the status quo when it comes to addressing world hunger. Activities of the United States indicate a tendency to increase world hunger; it seems to give the perception that it is fond to bask in the glory of the world’s dependency on foreign aid, so that it can use the same as a manipulation to the realization of its foreign policies (Maddocks p. 23). It is established that world hunger, as a risk to health, ranks greater than AIDS, malaria and tuberculosi s all combined, and statistics indicate that 800 million people in the world sleep on an empty stomach every day that is approximately one of nine people (Swanson para 1). As such, measures to deal with hunger should be put in place. In the book â€Å"World hunger: 12 myths,† a story is told about a woman, Amanda Espinoza, who had six stillbirths and witnessed the death of five of her children before the age of one. This gives a whole new meaning to the word hungry; it means looking helplessly at those who are dear to you, but doom to die and having no choices and opportunities to help them (Lappe, Collins Rosset pg 3). World hunger can never be addressed through food aid. Poverty being the principal cause of world hunger should be treated adequately. If efforts at reducing the level of world hunger involve providing food aid, then the principal cause of hunger, which is poverty, would still remain. In most cases, foreign aid causes harm instead of helping to manage with thi s problem (Lappe, Collins Rosset p 1). While providing food aid as a temporary measure of elimination hunger, a long term solution of eradicating poverty should be embraced (Shah para 2). In the global economic system, there are two main measures that can be adopted by poor people to increase their income level. For example, due to trade, wages in rich economies tend to reduce because of availability of machinery, but in poor countries, they increase. Immigration to countries with labor deficit economies is also a response of people affected by poverty. The structure of the United States economic system is based on the â€Å"free enterprise economy† approach where there is competition for employment, with most jobs being offered to the best qualified employee, thus joblessness affects mainly those who are under qualified.Advertising We will write a custom research paper sample on Effects of World Hunger specifically for you for only $16.05 $11/page Learn Mo re Revolutions are attempts to transform the political and economic structures so as to conform to the needs of the poor. Thus, to understand the dynamics behind these revolutions, attention needs to be paid to the inequities between the rich and the poor that lead to anti-western ideologies, dealing with world hunger constructively (Nessan Beckmann p 12). The structure of the United States political system focuses more on concerns that are not fundamental to the people. For instance, the expenditure on military operations takes up half of the â€Å"US federal government discretionary expenditures† with expenses allocated to poverty alleviation (World Hunger Education Service p. 1). Joblessness and administration, to a greater extent, turning a blind eye to the issues of the poor play a major role at increasing poverty and growth of the level of world hunger. The structures of political and economic systems are the underlying causes of poverty and hunger since contro l over resources is based on economic, political or military power. This power, in most cases, is possessed by the minority which may not have the interests of the poor at heart. The US economic crisis had a great impact on world poverty; many countries have participated in international markets making themselves more vulnerable to recessions in big economies. It is noted that hunger also results from conflicts. Nevertheless, the UNHCR shows clearly that poverty is all the same the greatest cause. This is because the 2008 report showed that chronic hunger affected approximately 1 billion people compared to a smaller figure of 36 million who felt the effects of conflicts through displacement. Democracy, as we know it, is accountability of the majority. Well structured democratic states are those in which the majority of the population contributes on the decisions that affect their interests. When leadership is accountable to the majority, then the state is said to be democratic. With the absence of democracy in the economic lives of the people, the majority will be made powerless on the issues that affect them most (Lappe, Collins Rosset pg 4). It is sad to say that the United States plays a major role in the institution of undemocratic systems of governments. After it seized Puerto Rico in 1898, sugar companies from the United States put up vast sugar plantations consequently engaging in the eviction of farmers. By the year 1925, 80% of the whole land was owned by 2% of the population, rendering a shocking 70% of the population landless. With 70% being landless, many individuals were â€Å"out of work†, so cheap labor became available. Women were considered docile and subject to â€Å"loss- due to pregnancy†. This resulted in an extensive sterilization campaign funded by the United States government (Lappe, Collins Rosset p. 37).Advertising Looking for research paper on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Globally, the food grown is enough to â€Å"provide over 2800 calories per day to every man, woman and child† (The Rational Radical para 4) .This is sufficient to make us all obese, but in most countries, especially, in the third world countries, small scale farmers are forced to be hungry as most of the fertile lands are used to grow export crops by multinational corporations. The United States, by creating a demand for these export crops, becomes a player in this injustice to the poor (The Rational Radical para 5-7). Hunger related issues are many and inter-related to economics and other poverty causing factors. These include among others diversion of the usage of land from food productive agriculture to export oriented use (Shah para 3). It is unbearable to note that a nation in the sub-Saharan Africa that has 213 million severely malnourished people still exports food (Lappe, Collins Rosset p. 10). In dealing with world hunger, we perceive that it has an effect on the ki nd of solutions presented to solve it. If the problem is considered in terms of numbers, then it implies that data should be also used as a part of the solution. A great amount of people die because of hunger annually or go to bed without food every night. Hunger makes it clear that coping with human emotions is the most painful task. Hunger means powerlessness at its extreme (Lappe, Collins Rosset p 3). World hunger is not a result of failure in food production, but ineffective supply of food to starve stricken populations. People do not go hungry because food is scarce but rather because of insufficient income to afford it. World hunger is seen as a result of global trade together with economic policies that cause extreme poverty. For many years, food production is still connected with the growing populations. Thus, in some cases, hunger will be witnessed in economies producing food surpluses because people cannot afford food. Hunger is caused by poverty. Though it may be pointed that this problem is an economic issue as well as political one which in the long run becomes an economic issue (Shah para 3). 40% of the food produced is wasted in post-harvest losses in India. This is more pronounced in vegetables. These wastages can be reduced by improved food processing industries, proper infrastructure and reducing or eliminating gaps in supply. Food wastage technically happens when retailers and mostly consumers throw edible foodstuffs as trash. Food losses are realized as a result of underdeveloped infrastructure, poor food production mechanisms and underdeveloped technological advancement (Jasmuheen p. 3). The Food and Agricultural Organization report on â€Å"global food losses and food waste† released on May 11, 2011 indicated that in Rome alone, approximately a third of food produced worldwide annually is lost or wasted i.e. that is 1.3 billion tones (FAO para 1). This is quite alarming considering the millions who die yearly due to starvation. It is also clear that up to 220m tons of food is wasted in rich economies. This is in contrast to 230m tons that the sub-Saharan Africa manages to produce. The quantity of food lost and wasted annually was approximately equal to half of the global cereals crop (2.3 billion ton in 2009/2010) (FAO para 3). With these statistics, it is quiet illogical to shift blame on a single factor. Reduction of food wastages and losses, if implemented, can reduce world hunger adversely. Even though the United States takes some credit for world hunger, it has made recognizable attempts at ending world starvation through financial aids. Establishment of the â€Å"Fighting world hunger: U.S food aid policy and the food for peace program† has helped in the disbursement of millions of dollars as financial aid and tons of food are provided as an aid annually. Wealthy nations are quite selfish in development assistance, and, moreover, the extremely poor are seldom the sole beneficiaries when they off er foreign aid. In the year 2004, â€Å"the ratio of development assistance to gross national income was 0.17% far below the united nations target of 0.7%† (Bassett Nelson pg 168) in order to witness the realization of the millennium development goals by 2015, rich nations have to be more committed to offering aid programs as means of improving long term developments like health and infrastructure. This financial aid in the form of â€Å"foreign assistance programs† is, however, with ill motives as they are used as tools to the realization of foreign policies. It is argued that American foreign aid is used to maintain the United States leadership in the international scene. Anyway, this foreign economic assistance is not geared towards ending world hunger as it is realized that 15 countries received over half of the total U.S financial support in the 1990s. Israel and Egypt alone took home more than a third of this financial aid. The 10 poorest countries in the world took only 5% of the total U.S financial foreign assistance in the year 1994. Food aid, with the exception of emergency relief, can encourage over-reliance of a country on food and financial aid, and thus more hunger and poverty. Free or cheap food encourages laziness, as a result, the hardworking local farmers will not be able to market their produce, and thus they are driven into unemployment and poverty in the long run. This was the case in Somalia when the civil war of 1991 broke out. Disruption of the transportation network threatened 4.5 million people with malnutrition disease. The U.S delayed relief until December 1992 when the people had witnessed the worst and were on their road to recovery. Death rate was seen a drop from 300 to 70 a day. Harvesting had already started in the regions of Shebell river valley and Afgoye. Sorghum, corn and rice were available, but the U.S in its cunning nature poured into the foreign aid, dropping the prices of the harvests by 75%. Even with the fall in prices, it became quite difficult to sell the products. Not even the United States could buy something, so it claimed that the mandate it was offered dictated that they could buy only from the U.S governments. This forced the farmers to abandon the farms and queue for handouts of foreign food aid (Lappe, Collins Rosset p. 136). This type of food aid is usually termed as ‘tied aid’. The United Nations Food and Agricultural Organization encourages cash based food aid as opposed to â€Å"tied aid†. Cash based food aid is advantageous as it allows developing countries to buy from local farmers with food surpluses, thus eliminating shipping costs and also encouraging hard work as well as reducing poverty rates. Thus, it becomes a development solution in the long run (Bassett Nelson p 170). Poverty eradication can be viewed as the best solution for ending world hunger. Dependency on foreign aid is destructive to a nation, and due to issues related to poli cy implementation, it may take too long for foreign aid to be received. Minimizing food losses and wastages and encouraging cash based food help are also other factors that are vital in the eradication of world hunger. Foreign aid should be given through an independent body like the United Nations. Bassett, Thomas J. Winter-Nelson, Alex E. The atlas of world hunger. Chicago, IL: University of Chicago Press, 2010. Print. Jasmuheen. Ambassadors of Light: World Health World Hunger Project. New York, NY: Lulu.com, 2007. Print. Lappe, Frances M., Collins Joseph and Rosset Peter. World hunger: 12 myths. Oxford, UK: Earthscan, 1998. Print. Maddocks. Steven World Hunger. New Jersey: Gareth Stevens Publishing, 2004 Print. Nessan, Craig L. Beckmann David. Give us this day: a Lutheran proposal for ending world hunger. Minneapolis MN: Augsburg Books, 2003. Print. Shah, Anup. â€Å"World hunger and poverty†. Global Issues. 22 Aug 2010. Web. Swanson, Ryan. â€Å"Fighting world hunger: U.S. food aid policy and the food for peace program.† ResourceLibrary, Oct 2004. Web. The Rational Radical. World hunger, economic injustice the U.S. n.d. Web. World Food Programme. World hunger. n.d. Web. World Hunger Education Service. 2011 world hunger and poverty facts and statistics. n.d. Web.

Sunday, February 23, 2020

Report on Religious Field Research Essay Example | Topics and Well Written Essays - 1250 words

Report on Religious Field Research - Essay Example By examining deeply and becoming aware of various religious practices of every religion may contribute to understanding and appreciation of each recognized beliefs and values. This is the purpose of this paper. This will also present a unique experience of attending personally one of the church’s services to actually see what is the strength of a certain religious group that holds each member tightly organized and unified in worship to God. Report on Religious Field Service: St. Athanasius Greek Orthodox Church Regardless of where we live, we can see the conspicuous effects of religion in the lives of millions of people. Since religion is about our relationship with God, our spirituality, what is more expected from us is the influence of our religious teachings in our personality, daily conduct, and with our relationship towards the people around us. However, religion with its various forms, created a society characterized with conflicts, battles and even wars, instead of a pe aceful society. We are all aware of the past, wherein some dominant religions in the world played a role in great wars that devastated mankind and caused untold suffering. This may be one major reason why some people refused to talk or discuss about religion. Or maybe, some may experience a heated argument if they discuss about their differences in their religious practices and beliefs. ... Additionally, interest on knowing about other religious beliefs may correct some misconceptions about them. Among the various groups of religion in the world, the dominant one is Christianity. About one quarter of the world’s population claim to be Christian, yet, divided into various sects. The prominent forms are Roman Catholic, the Orthodox Church, the Reformists or Protestants in its numerous sects such as Episcopalian, Lutheran, Calvinist, Baptist, Methodist and other churches. All of these churches consider themselves to be established respectable religion. I am interested to examine and know more about the St. Athanasius Greek Orthodox Church because on my opinion, as I have observed, its religious beliefs and practices are very similar with the Roman Catholic. So, why does this church has to separate itself and be recognized differently? So, I decided to attend one of its Sunday services to see the actual liturgical ceremony and practices. I believe this is one best wa y to correct any misconception about them. To my surprise, the church or cathedral itself is far different from the Roman Catholic Church. It is very colorful because instead of various relics and icons, the church is surrounded by hand-painted illustrations of various Jesus Christ’s image, his twelve apostles, angels and even images of Mary, all painted in the walls. All the paintings have relevant stories on the life of Jesus. According to one worshiper I asked, artworks in the wall contribute to a feeling of heavenly splendor while observing the liturgical ceremony, which is very solemn and serene. He also commented that the paintings in the walls constantly reminding him of the