Monday, January 27, 2020

Doctrine of Separation of Power Analysis

Doctrine of Separation of Power Analysis Introduction The doctrine of separation of powers is not a legal principle, but a political theory.[1] The separation of powers concerns the division of State power as between the executive, the legislature and judiciary.[2] Article 16 of the French Declaration of the Rights of man (1789) states, that ‘’a society where rights are not secured or the separation of powers established has no constitution’’.[3] The most important aspect of the separation of powers is the way in which the organs of State act to restrain each other and prevent the other institutions from exceeding their powers. There is a general belief that in all societies that there is a natural tendency for an individual to monopolise power. The doctrine of separation of powers attempts to combat this by providing mechanisms to make it difficult for any single power group to dominate and to ensure that government action requires the cooperation of different groups, each of which helps to keep the others within bounds.[4] One of the functions of government is to protect the rights of individuals, however, historically; governments have been the major violators of these rights that they are meant to protect. The concept of separation of powers is one of a number of measures that have been derived to reduce the likelihood of abuse of power by the government and the violation of individual rights.[5] If power is concentrated in a single group, they would have unlimited power and they would do as it pleases them. The French writer Charles Louis de Secondat, Baron Montesquieu is the person, most often associated with the doctrine of separation of power. Writing in 1748, the French jurist, Montesquieu argued that, there can be no liberty and there would be no end of everything if the legislative, executive and judicial powers of government were to be exercised by the same person or authority.[6] The English political philosopher, John Locke had earlier expressed similar sentiments and he wrote in 1690, ‘’it may be too great a temptation to human frailty†¦for the same person to have the power of making laws, to have also in their hands the power to execute them, whereby they may exempt themselves from the obedience to the laws they make, and suit the law both in its making and execution, to their own private advantage.[7] The scope of the doctrine of separation of power is not caste in iron. The doctrine has generated a lot of debate and is capable of different interpretations. Statements about the existence and importance of separation of powers in the United Kingdom should be treated with caution.[8] This essay will look at the doctrine of separation of power and if the doctrine operates in a satisfactory fashion in the United Kingdom today. I will first look at the origin of the doctrine of separation of powers. I will then look at doctrine of separation of powers in the U.K Origin of separation of powers. The doctrine of separation of powers includes a proposition about the functions of government, and discussions of the forms and functions of government may be traced back to ancient Greece.[9] John Locke recommended that the legislative and executive functions should be placed in separate hand, for the sake of efficiency as well as for the protection of liberty. His classification of functions was in to legislative the executive, and the federative.[10] Collin Munro, professor of constitutional law at University of Edinburgh wrote that , ‘’another related term, which has as long a history in political thought, is the problem of ensuring that the exercise of governmental power, if it is necessary for the promotion of a society’s values, may nonetheless be subject to limits so that it does not itself destroy those values. That is the principle of constitutionalism, which became central to western democratic tradition government’’.[11] Another theory, which was first, developed in ancient Greece and Rome was the theory of mixed governments, which proposed that the major interests in society must be allowed to participate jointly in government, so preventing any one interest from being able to dominate entirely. The doctrine, just like the doctrine of separation of powers was aimed at avoiding absolutism by preventing a monopoly of power.[12] Viscount Bolingbroke presented a clear delineation of the functions of the different arms of government. He wrote, ‘’A king of Great Britain is that supreme magistrate, who has a negative voice in the legislature. He is entrusted with the executive, and several other powers and privileges, which we call prerogative, are annexed to this trust. The two houses of parliament have their rights and privileges, some of which are common to both, others particular to each other†¦the supreme judicature resides in the Lords. The Commons are the grand inquest of the nation; and to them it belongs to judge of national expenses, and to give supplies accordingly’’. [13] Bolingbroke, had the vision to see that, ‘’in a constitution like ours, the safety of the whole depends on the balance of the parts’’.[14] In Bolingbrook’s writings, he proposed that that no arm of government should have monopoly of power, that was the only way, the rights, and liberty of individuals could be protected. Montesquieu took on the constitution that Bolingbroke described as his model and explicitly restated the doctrine of separation of powers. The Separation of Powers in the UK The separation of powers has been endorsed by contemporary UK judges, e.g. Lord Templeman in M v. Home Office (1993) 3 ALL ER 537.[15] Lord Diplock in a case concerning an industrial dispute stated, ‘’At a time when more and more cases involve the application of legislation which gives effect to polices that are the subject of bitter public and parliamentary controversy, it cannot be too strongly emphasised that the British constitution, though largely unwritten, is firmly based on the separation of power: parliament makes the laws, the judiciary interpret them’’.[16] Sir John Donaldson MR once remarked, ‘’Although the United Kingdom has no written constitution, it is †¦one of the highest importance that the legislature and the judicature are separate and independent of one another, subject to certain ultimate rights of Parliament over the judicature which are immaterial present purposes. It therefore behoves the courts to be ever sensitive to the paramount need to refrain from trespassing on the province of Parliament†¦Ã¢â‚¬â„¢Ã¢â‚¬â„¢.[17] Shortly afterwards, Lord Scarman referred to the doctrine in Re: Nottinghamshire, in explaining why the courts should be slow to intervene over the exercise of an executive power which had been subject to the specific approval of the House of Commons.[18] More recently in the case of M v Home-Office, Lord Templeman remarked that , Parliament makes the law, the executive carry the law in to effect and the judiciary enforce the law’’.[19] Other judges have recognised it as applying at least between the legislature and the judiciary, e.g. Lords Nicholas and Hope in Wilson v First County Trust (2003) 4 All ER 97.[20] A strict separation of powers in the United Kingdom is impossible, because in strict constitutional theory the three functions of government are derived from the Crown.[21] The Crown has always been an element in the exercise of all three kinds of powers, namely the executive, legislature and judiciary.[22] There is not, and never has been, a strict separation of powers in the English constitution in the sense that the legislative, executive and judicial powers are assigned respectively to different organs, nor have checks and balances between them been devised as a result of theoretical analysis.[23] There is clear overlap between the three organs of government in the United Kingdom both in terms of personnel and between functions. The principal overlaps in personnel are that the majority of government ministers will be members of the House of Commons, while other ministers will have seat in the House of Lords. The Lord Chancellor presided over the House of Lords prior to the Constitutional Reform Act 2005 in its legislative capacity. He was also the head of the judiciary and a cabinet minister. However, by virtue of Part 2 of the Act, the Lord Chancellor ceases to be a member of the judiciary and loses the judicial functions traditionally associated with the office. Future Lord Chancellors may be drawn from either the House of Lords or the House of Commons.[24] The principal overlap in functions are that government ministers direct the activities of central government departments and, as it has been alleged, through their majority in the House of Commons exert a controlling influence over its timetable, business and legislative output.[25] The Law Lords exercise both judicial and legislative functions, although this dual rate will end when the Supreme Court is established. The Lord Chancellor will continue to be involved in the process of judicial appointment, notwithstanding that his judicial functions were removed by the 2005 Act.[26] The Home Secretary exercises the prerogative of mercy, and the Attorney General may enter a nolle prosequi to a prosecution on indictment.[27] In R. v Home Secretary ex. p Fire Brigades Union[28], Lord Mustill referred to the ‘peculiarly British conception of the separation of powers that Parliament, the executive and the courts each have their distinct and largely exclusive domain.’[29] Most writers on constitutional law unanimously agree that separation of powers is not a feature of the British Constitution. W.A Robson, likened Montesquieu’s doctrine to ‘a rickety chariot’ and claimed that, ‘’ †¦the division of powers enunciated in this theory, and their allocation to separate branches of the government has at no period of history borne a close relation to the actual grouping of authority under the system of government obtaining in England’’.[30] In Halsbury’s Laws of England, Sir William Holdsworth denied that the doctrine of separation of powers had ever ‘to any great extent corresponded with the facts of England’.[31] S.A de Smith equa lly towed the line of other writers, arguing that the doctrine has no place in the British constitution. In his textbook on Constitutional and Administration law, he wrote, ‘’No writer of repute would claim that it is a central feature of the modern British constitution’’.[32] The doctrine of separation of power is susceptible to a variety of meanings. There appears to be a consensus amongst academics that , the doctrine is not a central feature of British constitution and that a strict separation of powers is impossible in the United Kingdom, however some leading judges seem to have an opposite view. What the judges seem to have in mind is a version of the doctrine, which would require that the persons who exercise one kind of governmental function should not also exercise another.[33] Conclusion There is no absolute separation of powers in the United Kingdom. The Crown has always been a part in the exercise of all three kinds of powers, namely the executive, legislature and judiciary. There has never has been, a strict separation of powers in the English constitution in the sense that the legislative, executive and judicial powers are assigned respectively to different organs. There is clear overlap between the three organs of government in the United Kingdom both in terms of personnel and their functions. There are substantial and not merely trivial links between the legislature and the executive, however, this does not mean that the separation of powers doctrine has been without effect.[34] The doctrine of separation of powers, no doubt has shaped our constitutional arrangements and thinking, and continues to do so.[35] The doctrine is not absolute in the United Kingdom; nevertheless, it should not be dismissed lightly. Bibliography Alder, J (2005) Constitutional and Administrative Law, 5th Edition, Palgrave Macmillan, London Barnett, H (2006) Constitutional and Administrative Law, 6th Edition, Routledge-Cavendish, Oxon Bradley, A.W Ewing, K.D (2007) Constitutional and Administrative Law, 14th Edition, Pearson, Harlow. Carroll, A (2007) Constitutional and Administrative Law, 4th Edition, Pearson, Harlow Marston, J Ward, R (1997) Cases Commentary on Constitutional and Administrative Law, 4h Edition, Pitman, London Munro, C.R (2005) Studies in Constitutional Law, 2nd Edition, Oxford University Press, Oxford Parpworth, N (2006) Constitutional and Administrative Law, 4th Edition, Oxford University Press, Oxford Phillips, O.H Jackson (2001) Constitutional and Administrative Law, 8th Edition, Sweet Maxwell, London Pollard, D, Parpworth N, Hughes, D (2001) Constitutional and Administrative Law, 3rd Edition, Butterworths, London Thompson, B (1997) Constitutional and Administrative Law, 3rd Edition, Blackstone, London. 1 Footnotes [1] Munro, C. R (2005) p.295 [2] Martson, J Ward, R (1997) p.219 [3] Alder, J (2005)p.145 [4] Alder, J (2005)p.145 [5] Landauer, J Rowlands, J (2001) [6] L’Espirit des Lois, 1748 citied in Carroll (2007) p.37 [7] Second Treatise of Civil Government, 1690, citied in Carroll (2007) p.37 [8] Marstson, J Ward, R (ibid) p.219 [9] Munro, C. R (2005) p.295artso [10]Munro, C.R (ibid) p.298 [11] Munro, C. R (ibid) p.296 [12] Munro, C. R (ibid) p.296 [13] Remarks on the History of England (1743) p.84 cited in Munro, C. R (ibid) p.299 [14] the Craftsman 27 June 1730 cited in Munro, C. R (ibid) p.298 [15] Alder, J (2005)p.150 [16] Duport Steels Ltd v Sirs (1980) 1 ALL ER 529 at p.541 [17] R v HM Treasury, ex p Smedley (1985) QB 657 at p.666 quoted in Munro, C. R (ibid) p.306 [18] (1986) AC 240 citied in Munro, C. R (ibid) p.307 [19] (1994)1AC 377 at 396 [20] Alder, J (2005)p.150 [21] Marstson, J Ward, R (ibid) p.219 [22] Jackson Leopold (2001)p.26 [23] Jackson Leopold (2001)p.26 [24] Carroll (ibid) p.38-43 [25] Carroll (ibid) p.39 [26] Carroll (ibid) p.39 [27] Jackson Leopold (2001)p.26 [28] (1995) 2 AC 513 [29] (1995) 2 AC 513 at p.567 [30] W.A Robson (1951) p.16 cited in Munro, C. R (ibid) p.304 [31] Halsbury’s Law of England (1932) p.385 Munro, C. R (ibid) p.304 [32] SA de Smith R Brazier (1998)p.18 citied in Munro, C. R (ibid) p.305 [33] Munro, C. R (ibid) p.307 [34] Munro, C. R (ibid) p.329 [35] Munro, C. R (ibid) p.332

Sunday, January 19, 2020

The Rivalry Between Boeing and Airbus Essay -- Economics Airlines Airc

The Rivalry Between Boeing and Airbus The rivalry between Boeing and Airbus goes back a long way, when Boeing was by far the dominant supplier of commercial airplanes. Up until 1997, Boeing was the clear market leader on the passenger airplane market. Now the situation is less certain, as Airbus has overtaken its American competitor[1] not only in the domestic market but also in the world market, with its introduction of new models of passenger aircrafts. The main issue addressed in this article is that a 1992 U.S.-EU civilian aircraft pact allows too much European government support for Airbus, helping it sell more jetliners than Boeing, which had an 80% share in the market a decade ago. Thus the U.S. government wants the E.U. to put an end to any new subsidies provided by their government, which are aimed at protecting their aerospace industry. The market structure for the aerospace sector is oligopolistic i.e. there are few enough firms to enable barriers to entry to new firms because of various reasons such as huge capital investments and high technology. Hence, Boeing and Airbus, which are the two giants in the aerospace industry, have virtually split the market. When Airbus was first set up, it faced a lot of competition from Boeing. This civilian aircraft pact allowed the European government to take protectionist measures by providing various government subsidies to its developing high –technology industry (i.e. Airbus) so that it could compete with Boeing in the international market. The diagram below illustrates the impact of the subsidies on the quantity supplied by Airbus in the domestic market. In the diagram we assume that the world supply is perfectly elastic at Pw. Under conditions o... ... disputes and worsen trade realtionships between the U.S. and the E.U. The E.U. government was justified in providing subsidies to Airbus earlier. This is because Boeing were the clear market leaders and had established a monopoly power (i.e. Boeing was the only major industry in the aerospace sector) not only in the world market, but also in the local European market. Hence, this posed as a big threat to Airbus, since they were not able to compete in the world and local market and this could have lead to the decline of the aerospace industry of Airbus. But now, since Airbus has established itself as one of the main producers in the aerospace sector, future subsidies are not desirable for free trade. References: Essential of Economics – John Sloman http://news.bbc.co.uk/1/hi/business/125726.stm [1] http://news.bbc.co.uk/1/hi/business/125726.stm

Saturday, January 11, 2020

Regulating Violence Portrayed in the Media

Two themes have emerged as dominant in recent media broadcasts: sex and violence. These two themes have proven to garner high ratings from viewers and they further ensure the success of television programs and cinema movies. Viewers themselves rank programs which feature either or both of these themes as favorites. Of greater impact it seems is the evolution of violence as depicted in the media.With the aid of modern technology, especially as employed in animation and special effects, the depiction of violence has been further facilitated and enhanced. Furthermore, the proliferation of violent programs provides easy access to the same by viewers of all backgrounds, young and old as well as impressionable and guarded alike.This reflects that regulatory boards and associations are no longer able to keep up with the numerous programs deployed containing violent content. On the other hand, the ease with which violent content may be accessed might be attributed to a slackening in standard s. This is reflected in the programs which depict violent and gory images aired for children. Sometimes, as is the case with a lot of Japanese animation, the violence portrayed for the youth surpasses even that depicted for mature viewing.Scope and Nature of the ResearchThis research intends to study the role of violence as portrayed on the screen on aggressive behavior of viewers. It is the goal of this paper to assess whether or not there is a need to regulate the extent of depicted violence on screen. Should it be shown that such a need exists, then the reasonableness of the regulation to be made will be broached.No distinction will be made between programs aired on television and those shown in movie theaters. Neither will distinction be made between programs with purely violent content and programs which only dedicate a portion of the airtime to violence. Included in the programs and movies to be analyzed will be news programs, fictional stories, and even animation. It will be borne in mind that what is of importance in this study is not so much the manner in which the violence is depicted but more on the effect that portrayals of violence has on the viewing public.What will be taken into account will be the effect that violence has on the individual behavior as well as on the society at large bearing witness to it. Given the response of persons, whether implicit or explicit, to portrayals of violence, a close look will be taken as to the effect of regulating the violent content of movies and programs in the cinema and on television.A brief analysis will be made regarding the effect such a regulation might have on viewer ratings and on the process of regulation itself. It is only as regards this aspect of regulation that an analysis of acceptable levels of violence will be made. Therefore, it is only in outlining a rational process of regulation wherein the manner of depicting violence will be assessed. These are the research goals and delimitations withi n which this paper will be made.Research IssuesSuch goals have been borne out of an observation that the increase in violent programs shown on screen have resulted in a related increase in crime and violence in the community. Several empirical research data have been obtained which support this observation. Although there has been contradictory evidence obtained which also tend to refute supporting evidence, the fact remains that in some populations and studies, a positive correlation has been drawn between television violence and violence in the individual and in the community.Furthermore, actual cases have been observed wherein felonies have been committed mimicking behavior aired on television or shown in a movie. This reflects the danger of giving free license to creativity in violent films. This is particularly so in programs wherein the characters are permitted to accomplish their criminal objectives without resulting in action by legal or police authorities.Not only as regard s criminal behavior, but even in programs reflecting suicide behavior, there has been shown a duplication effect in the acts of viewers. Thus it is shown that concepts shown by the media give ideas to the audience regarding behavior that they themselves might engage in. Taking into consideration the extent of violent acts that can possibly be depicted in films today and the variety of programs accessible to different viewers, we are faced with the problem of having to control for an infinite number of different atrocities in any given community.Given these facts, the emerging issue is undeniably whether or not regulation may effect a means of control for aggressive and violent behavior in societies exposed to violence in films. Given that violent programs have already been introduced into the regular broadcast of media, would its belated regulation result in a discernable change? Furthermore, up to what extent should regulation be made in order that an observable decline is found in violent behavior of the public?Theoretical FrameworkThe focus and issues of this paper is based on several theoretical foundations. These theories serve to ground the rationalizations and argumentations made regarding the relationship of media portrayed violence and actual violent behavior. An understanding of the theoretical framework of such a relationship will support the importance of regulation and provide a background for determining the level of regulation required.The first underlying theory bases the relationship on cognitive priming. Cognitive priming focuses on the ability of a stimulus to activate similar stimuli causing a chain of reactions as a result of the initial stimulus presented. This type of inference from one stimulus to another is largely dependent on built-in associations established in the memory pathways of the individual.Applying this approach to violence, it is theorized that the violence in films stimulates previously held aggressive thoughts or tendenc ies in an individual. In fact, the individual need not necessarily have entertained such aggressiveness nor is there a need that the individual be attracted to violence. The only aspect required on the part of the individual when considering the cognitive priming approach is that there is a natural link made between the violent scene or act viewed with other violent behaviors – both those personally experienced and those simply associated on basis of logic.Emotional arousal is different from cognitive priming in this sense because in emotional arousal, the natural tendency is key in bringing forth aggressive behavior as a result of witnessing a violent program. It should be noted that arousal merely energizes dominant behavior in a particular situation. Therefore, arousal produced by watching violent programs merely facilitates or intensifies a predisposition for violence. However, if there is no prior propensity for aggression, then there is no object to be energized by the arousal resulting from violent films.Another reason why individuals are encouraged to act on their aggression after viewing violent behavior is a probable sponsor effect which operates on the mind of the viewer. This effect results from a perspective regarding the person of the sponsor endorsing the violent program.This effect is said to have relevance when certain socialization norms dominate the understanding of the viewer causing him or her to gain respect for certain authority figures – such as the ones who have permitted the airing of the violent program. Given that the acts in the program were encouraged and not prohibited, then certainly the imitation of the same in actual life should warrant the same encouragement or at least a degree of tolerance.It can thus be seen from the above theories that repeated exposure to violence on films causes an increase in permissiveness for deviant behavior. Furthermore, the lack of portrayal of punishment of violence causes viewers t o rationalize that they themselves are capable of escaping reprimand should they perform the same acts.As regards sensationalized victims of violence, individuals may even bring home the message that should they themselves receive the violence witnessed, they too should receive attention and momentary fame. All these signals represent misinformed ideologies about the role and effect of violence in society thus resulting in socially maladaptive and harmful behavior.The Research ProcessConsidering the nature of the study to be made, several resources should be tapped in order to gain a holistic view as to the present standing of matters. Adequate research would also reflect the rational future steps to be made in terms of regulation. First, relevant material pertaining to present regulatory guidelines pertaining to violence should be obtained. Given, the guidelines, an assessment should be made whether or not the same are applied.Next, an actual study should be made gathering data fro m a chosen population regarding the effect on aggression in viewers of the permitted level of violence in films. Should it be found that there is a significant relationship, then research must be made as to what level of viewed violence would not result in such violent viewer behavior.The results should then display the effect such a regulation would have on viewer behavior by reviewing the data collected from the population organized. Furthermore, television viewer ratings of violent programs should be noted in order that a determination may be made as to the effect regulation will have on the ratings of networks and movie houses. From the above it can thus be seen that legislative acts, experimental data, and media network data sheets will be utilized in order to solidify a firm resource base for the results of the study.In obtaining such resources, several research methods will need to be used, first of such will be the interview method. Members of movie regulatory bodies will ha ve to be interviewed regarding the process of review and the standard of violence permitted in movies. Also, officers of media networks or their representatives should be interviewed in order to gain an accurate estimation of the quantifiable effect of violence in shows on viewer ratings.Apart from interviews however, a field study should be conducted regarding the effect of particular levels of violence on viewers. In order to facilitate data collection, certain levels of violence will already be categorized and the viewers of such kinds of violence disseminated among the groups. Data will then be collected through a series of questionnaires and self-report tests.It is hypothesized that the study will reveal that there is a lack if media regulation of violence on television programs and movie shows resulting in heightened levels of violence in the community. Increased regulation of media portrayals of violence will however serve to dampen the awareness of the public regarding the v ariety of violent acts. Regulation will also serve to maintain the authority of legal and police figures in controlling violent behavior. Thus, there should be an increase in regulation of violence in the media.Works CitedFelson, Richard. â€Å"Mass Media Effects on Violent Behavior.† Annual Review of Sociology 22 (1996): 103-128.The author effectively synthesizes the large body of work related to the effects of mass media on resulting aggressive behavior in the viewer. The paper is objective and presents data supporting and defeating the relationship of depictions of violence with actual violent behaviors. The presentation sticks to the relevant data in the mass of previous studies conducted regarding the topic. Yet the detail embedded in the paper serves to enhance the reader’s knowledge of past studies. The paper is holistic as it takes into account concepts and theories as well as empirical data gathered.Pirkis, Jane, Burgess, Philip, Blood, R. Warwick, and Francis , Catherine. â€Å"The Newsworthiness of Suicide.† Suicide and Life-Threatening Behavior 37(3) (2007): 278-283.The authors herein take on a very limited perspective on the role of media on suicidal behavior. The theory implemented herein is that of modeling and emulation only. A further limitation of the paper is that it only considers those suicide attempts which were real and covered by news programs.The authors focus on the danger that viewers may imitate the behavior of sensationalized and detailed suicidal acts. Several examples are given as to actual cases wherein media-covered suicides were copied by viewers of the news program. The authors themselves also suggest stricter regulation of suicides which are to be deemed as newsworthy and as to what aspects regarding the suicide should be revealed to the public.

Friday, January 3, 2020

The Movie Exhibition Industry 2011 - 1172 Words

Business Strategy 491BMAL November 10, 2013 The Movie Exhibition Industry: 2011 What can exhibitors do to improve their performance? To reverse the downward trends in attendance? To improve their profitability at a time when the studios, relying on the box office more than ever, are increasingly looking internationally? Let’s start with a SWOT analysis of the local exhibitor: SWOT Analysis Strengths * Offer a product that is still relatively affordable for families and patrons * Product offers an â€Å"escape from reality† for consumers in a recessive economy * The â€Å"big screen† experience still cannot be duplicated at home * High profit margins on concessions and advertising * Lower cost digital versions of movies†¦show more content†¦They could also offer package deals to families that would include tickets and a preset concession value or product. This would grow the adult demographic of parents who have small children that want to see the latest kids release and be guaranteed concession sales for that group of consumers. Another opportunity for theatre owners is to look at alternative uses for their facilities. The overhead costs of the facility are fixed but could be offset by renting spaces during off-peak hours for events such as business conferences or school events. They could also use their screens to show things other than major motion-picture releases. With digital equipment I’m sure there would be a way to contract with major networks and cable providers to show popular television series finales. The audiences of these series are hardcore fans. They could market the allure of a big-screen and the opportunity to experience the show with other fans. For example the audience for shows like The Walking Dead, Homeland, and many other popular shows is a huge market. Often these shows air on nights that theatres have low attendance. They could market it with discounts offered for customers who come in costume. Another product modification could be the ticket pricing set up. 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