The Crossman Diaries case Essay Example

The Crossman Diaries case Essay The power of conventions to aid constitutional change may therefore be acknowledged from a political standpoint. The case of Attorney General v Jonathan Cape10 suggests that conventions wield little recognition from a legal perspective. In practice, the courts general attitude towards conventions does in fact reflect badly upon the legal power of conventions. The Crossman Diaries case provides a perfect illustration of the courts unwillingness to apply conventions. The case was regarding the publication of the diaries of Richard Crossman, a minister in the Labour governments from 1964 to 1970. The Attorney General sought to prevent publication on the grounds of a breach of convention. The convention relied upon was of collective ministerial responsibility, the preservation of cabinet secrecy. Lord Widgery CJ stated that a true convention is.. an obligation founded in conscience only11 and subsequently the Attorney General was unable to rely upon a conventional rule. This case is a demonstration of the courts lack of acceptance of conventions as a reason for case redress. Similarly, the case of Manuel v Attorney General12 illustrates the treatment of conventions as an entirely different species from law, which is a nice reflection of the argument of Sir Ivor Jennings that laws and conventions are in substance the same13 to be somewhat flawed. The issue arising from the case of Manuel v Attorney General involved the possible crystallisation of convention into law. It was suggested that the convention that the United Kingdom Parliament should not legislate for Canada except with its permission, might have evolved into a law through long term recognition. We will write a custom essay sample on The Crossman Diaries case specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The Crossman Diaries case specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The Crossman Diaries case specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Slade LJ, who issued the Court of Appeal judgement, stated that the argument was quite unsustainable in the courts of this country14 and it was concluded that conventions do not possess the power to evolve from political practices to actual laws. However, occasionally the breach of a conventional rule can result in a change in law and I believe this demonstrates that conventions do exert a certain degree of power in legal fields as well as in areas of a purely political nature. The convention that the House of Lords should not obstruct the policy of an elected government when a majority in the House of Commons exists, was thought to have been breached in 1909, with a refusal from the House of Lords to accept budget proposals formulated by the Liberal government. The House of Lords was subsequently denied the power to prevent enactment of a measure accepted as a money bill15. Although it is rare for courts to apply conventions, they often use conventions as a tool for interpretation. In a privy council appeal case regarding the accession of Canada to independence, the convention of equity of status referred to in the preamble, was one of the main grounds for interpreting an otherwise ambiguous section of the Canadian constitution in such a way as to empower Federal Parliament to reject appeals to the privy council from all Canadian courts in civil cases16. Similarly when English courts have objected to review the grounds on which executive discretionary powers have been exercised, they have relied upon the convention that a minister is responsible to parliament for the exercise of power. Although it is not necessary for courts to enforce conventions, it is clear that these non-legal rules impose significant weight of obligation. Conventions play an important role in the operation of constitutions, yet there is still uncertainty surrounding their definition, implications, and scope. There is uncertainty with regard to their position in relation to laws and whether their obligatory nature makes them more than mere habits. The late Professor J D B Mitchell17 held that conventions were no less important than laws stating that: Many conventions are capable of being expressed with the precision of a rule of law, or of being incorporated into law. Precedent is as operative in the formulation of convention as it is in law. It cannot be said that a rule of law is necessarily more certain than a convention. Although this statement is not wholly acceptable, it illustrates the high regard in which conventions are held. The statement about precision must be questioned as only a small number of conventions exist whose precise formulation can be agreed. The issue relating to whether the importance of conventions equates to that of laws can be argued from both directions. In 1930s America the convention that a president should not stand for re-election more than once was considered more important than the law, as the law imposed no restriction. However, Franklin Roosevelt was elected for a third and fourth term which contradicts the argument that conventions are always of equal importance18. I would tend to refrain from drawing the conclusion that laws are always as important if not more important than laws as there is no sanction if a convention is broken and the convention that judges must abstain from party politics is more honoured in breach than in observance. However, what distinguishes these non-legal rules from mere habits is Diceys statement that if certain conventions are broken, legal problems would eventually arise19. The example he gives is that if parliament did not meet every year, legal requirements such as the authorisation of the budget would not be dealt with. The political and legal implications of conventions, as previously discussed, and their main purpose of adapting an otherwise archaic constitution to fit modern political values certainly distinguishes them from mere habits. A constitution without conventions would ultimately fail as they are sufficiently flexible to alter what cannot otherwise be altered; modified with changing social value, recast by those they control, expunged when they become inconvenient, and ignored when they become embarrassing. Ultimately they are a reactive tool whose scope and purpose cannot be attributed to mere habits.

Your Work Adds Value †Start Pricing It That Way

Your Work Adds Value – Start Pricing It That Way When I began to inquire about a cleaning service – you know, someone to clean my house so I could have two hours of my life back – I was floored with the going rate. The going rate for cleaning toilets (in my area) is $80 per hour. You want clean laundry? Much more. This made me reflect on how experts not only price their services, but whether they believe they offer something of value. This isnt to say cleaning for a living doesnt deserve to be paid. It sure does. But writing for a living is worth at least that, dont you think? If you search online for the going rate of freelance writers, youll be disappointed. Those rates are false. If you accept that $30 an hour for a writing project is fair, youd be better off cleaning toilets for a living. How do you counteract the low fees as a professional writer? Quality clients First, realize you should only accept the clients who will agree to your rates. Clients have to have a substantial marketing budget. Theres a reason why cleaning services are typically used Charge per project Second, drop the hourly rate. When your plumber is working on a task, are you watching the clock and seeing $100 fly out the window every hour? Dont do that to clients. Give them a set project fee, which corporate clients prefer. Dont cheapen your skill Appreciate your value Third, develop confidence in your rates. Dont leave room for negotiation Say no Finally, say no more often. The more work you accept at insulting rates, thats additional work you could lose at better rates. Weed through the undesirable, cheap paying clients. Set yourself up as an expert. Produce quality work and enhance your portfolio. The more quality clients you choose to work with, the more youll believe youre worth every penny. Realize that you will always be surrounded

Connector Words Every Italian Student Should Learn

Connector Words Every Italian Student Should Learn â€Å"I like to go to the beach. I like to read. The books I like to read are mystery novels. The other books I like to read are romance novels.† While you are sure to get your message across using a variation of the sentences above, you’ll also feel stilted, uncomfortable in what you’re saying because it doesn’t feel like something you would say normally. This is why students in the beginning stages of learning hesitate to speak to natives. They feel incompetent like they’ve regressed 35 years and that makes it harder for them to enjoy having conversations. While there are a variety of techniques you can use to make your conversations more fluid, and therefore increase your confidence, one of them is to learn connector words or words that connect two separate sentences together. These could be conjunctions, like â€Å"and† or â€Å"but†, or they could be adverbs, like â€Å"also† or â€Å"then†. Below are eight of those words that are critical for every beginner student to know in order to have conversations that feel less awkward and more natural. 1. E - And Mi piace andare in spiaggia e leggere. - I like to go to the beach and read.Vorrei andare quest’estate in Toscana e in Puglia. - I would like to go to Tuscany and Puglia this summer.Mi serve un po’ di zucchero, del pane e della frutta. - I need a bit of sugar, some bread, and some fruit.Vuoi guardare un film e poi prendere un caffà ¨? - Do you want to watch a movie and then grab a coffee? TIP: â€Å"Poi† is also a great word that gives a sequence to phrases, like â€Å"E poi dovremmo andare al cinema. - And then we should go to the movies†. 2. Perà ²/ma - But Vorrei venire in centro con voi, ma oggi ho troppe cose da fare. - I want to go downtown with you all, but I have too many things to do today.Mi piace andare in spiaggia, perà ² non mi piace prendere il sole. - I like to go the beach, but I don’t like to suntan.Volevo venire a trovarti, ma ho perso il treno! - I wanted to come and visit you, but I missed the train.Ho provato a leggere questo libro, perà ² à ¨ troppo noioso. - I tried to read this book, but it’s too boring. 3. O/Oppure - Or Preferisci mangiare il pesce o la carne? - Do you prefer to eat fish or meat?Ti piace leggere romanzi oppure gialli? - Do you like to read romance novels or mystery novels?Vuoi andare a Roma o a Tivoli? - Do you want to go to Rome or Tivoli? 4. Anche - Also Mi piace anche leggere. - I also like to read. Note that the placement of â€Å"anche† can only be before the verb â€Å"leggere†. Ho comprato anche un libro di grammatica. - I also bought a grammar book. Here you could place â€Å"anche† between â€Å"ho† and â€Å"comprato†, and its placement serves to highlight different parts of the sentence. Vorrei anche un contorno. - I would also like a side.Anche io. - Me too. 5. Che - That Preferisco che andiamo al mare invece che in piscina. - I prefer that we go to the sea instead of the pool.Non pensi che faccia troppo caldo? - You don’t think it’s too hot?Silvia à ¨ un’insegnante che si aspetta molto dagli studenti. - Silvia is a teacher that expects a lot from her students. 6. Quindi – So/Then Oggi ho molto da fare, quindi non posso uscire con voi. - Today I have a lot to do, so I can’t go out with you all.Non mi piace la neve, quindi mi trasferisco alle Hawaii. - I don’t like the snow, so I’m moving to Hawaii.Amo la cultura italiana, quindi imparo l’italiano. – I love Italian culture, so I’m learning Italian. 7. Allora – So, Then, Well Allora, ti racconto cos’à ¨ successo. – So let me tell you what happened.Ci vediamo allora! – We’ll see each other then!Allora, che facciamo? – Well, what are we doing? 8. Cioà ¨ – That is Faccio la scrittrice, cioà ¨ scrivo articoli su come s’imparano le lingue straniere. - I’m a writer, that is I write about how to learn foreign languages.La mia auto appartiene alla classe Euro 6, cioà ¨ quella delle auto meno inquinanti. – My car belongs to the Euro 6 class, thats the one more environment friendly.Vado in Italia fra due mesi, cioà ¨ a giugno. – I’m going to Italy in two months, in June actually.

Buzzard LTD Essay Example | Topics and Well Written Essays - 2500 words

Buzzard LTD - Essay Example Accordingly, the SWOT will not be a comprehensive treatment of strategic position, but will speak to a few of the known specifics. We can use the financial information provided to offer some accurate shareholder analysis. It has been noted that the purpose of preparing "financial reports on a regular basis..." is to "influence the decisions of users of the information produced" (Atrill and McLaney, 1997: 2); and through the use of standard ratio analysis, we will be able to evaluate the provided statements to come to a reasonable understanding of the company's financial strength. That analysis will permit us to report the current financial condition to shareholders and evaluate Buzzard LTD's operational efficiencies in light of its quality and customer satisfaction achievements. Any company that wishes to remain successfully in business must engage in strategic thinking. This concept is particularly true in the modern marketplace, where information technologies and other manufacturing efficiencies have increased the need for competitive intelligence. Fleisher and Bensoussan make a compelling case for this when they state: Strategic thinking is necessary today because our organizations compete in an increasingly global, postindustrial, knowledge- and information-based competitive environment as opposed to the slower paced, domestic, industrial competitive environment of only a few decades ago. The hierarchical, linear models that dominated management thinking, and in some cases still do, have given way to newer, more flexible, perpetually self-reorganizing, network-based arrangements. No senior executive can reasonably be expected to know the entire competitive terrain well enough to correctly strategize in the same was as the great industrial and military leaders of the past. This pressing need for strategic thinking is why organizations need to improve and enhance their competitive intelligence. (2002: 5) The primary component used for informing the competitive intelligence process is predicated upon analyzing the strengths, weaknesses, opportunities, and threats (SWOT) facing the organization. The limited information provided does not permit a comprehensive analysis of these elements, but we will be able to focus on key parts of each segment and derive some competitive intelligence regarding the market position of the company. SWOT TABLE FOR BUZZARD LTD. Strengths Weaknesses Opportunities Threats Reputation for Innovation R & D Efforts New Facilities High Cost Structure Firefly Reputation New Market Expansion New Technology New Plant Competitor Emergence Regulatory Changes Buzzard LTD has some important strengths. Their reputation for innovation is the most important of these as they have achieved high levels of pleased customers and are regarded as "one of the world's leaders in design, manufacture and supply of innovative automotive

How did the hurricane Katarina impact the reservation price on the Term Paper

How did the hurricane Katarina impact the reservation price on the housing market in New Orleans, before and after the catastrop - Term Paper Example Almost 80% of New Orleans city was covered with floods. About 1800 people lost their lives to the hurricane; property of $80 billion worth belonging to the Orleanais was damaged, and in August 2005, after the floods swept in, millions of civilians were left with no homes. Hurricane Katrina was graded the sixth among the strongest storms that had ever been experienced and was the costliest. The strength of this storm waved to over 30 deep sea miles and when it was at its extreme, the winds from the hurricane covered more that 75 deep sea miles from the central point moving on to the east side. Over 400,000 employees lost their jobs following hurricane Katrina and this led to the financial crisis suffered by the Gulf Coast. This paper will discuss the effects and impacts on the reservation price on the housing market in New Orleans before and after the catastrophe (Bergal, 2007). Katrina engendered storm outpours and deluges, which in turn led to a 75% area flooding in the metropolitan of New Orleans. More than half of the embankment and failures in the floodwalls were brought into being by overlapping in that, as the storm outpours aggravated farther up the acmes of either or both the embankments and their floodwalls, the subsequent erosions fructified than expected and gave rise to breaches/failures. The most articulate and coherent missteps included the failures that took place on the banks adjacent to the 17th street and London avenue estuaries. These three failures could have resulted from the implosion and inadequacy in part of the basal foundation soil concealing the levees, conjointly with sand boils and sinkholes. According to analysts, Hurricane Katrina caused the death of more than 1,100 Louisiana residents. One third of the incidences of death took place in hospitals and shelters in flooded areas. The drowned victims made up to two thirds and the most of the casualties were elderly people because 60% of the reported cases were those of people aged 65 and over. The number of deaths was higher in areas with large water depths. Hurricane Katrina and the Social Contract Game theory Arguably, if the destruction that New Orleans went through resulted from terrorist attacks, it would have been ranked highest historically (Miller, 2006). This is not as a result of the many innocent lives that were lost or the valuable property that went into destruction, but because of the evident social order destruction in the region. A terrorist envision would bring nothing better than planting seed of hatred and watering them with the blood of innocent citizens, and increasing the mistrust among the government and the citizens in fulfilling their respective duties in the â€Å"social contract†. Socrates arguments gives a clear trace of the social contract concept though scholars like Thomas Hobbes, John Locke and the likes of Rousseau later modernized the concept (Binmore, 1998). To analyses the concept, late 20th century scholars used game-t heoretic reasoning. In this, they concentrated on thee 2*2 matrix games. The most accurate 2*2 game is the â€Å"Stag Hunt†. Taking after Rousseau, it gives a description of developing cooperative effort ideas among human generations. Player 2 Hunt Stag (Cooperate) Hunt Hare (Defect) Player 1 Hunt Stag (Cooperate) 4,4 1,3 Hunt Hare (Defect) 3,1 2,2 What the above Table on Stag Hunt elaborates is the fact that with cooperation, it is easier to realize excellent results that

War :: essays research papers

"The 20th century has been dominated by the machine gun, the tank, the B-52 bomber, the nuclear bomb and, finally, the missile. It has been distinguished by the bloodiest and most destructive wars than those of any other time." So said History professor Hugh Thomas and he certainly knew what he was talking about. Since the beginning of the century, men have been at war for different reasons that to me do not justify the aftermath of war. Negative effects on soldiers, suffering children and affected countries are part of the aftermath that makes war a horrible and unfair thing. All the soldiers involved actively in any war come home with negative effects. The mental health of these men is affected because of the strains, tensions and the "kill or be killed" mentality of the battlefield. Many of them have physical ailments as a result of the injuries received in battle or the exposure to biological weapons that tamper with the many systems of the body. The quality of their family life suffers because they have been scared mentally, emotionally and physically; therefore their behavior will not be the same and that affects family life significantly. Another aftermath of war is the suffering children. Many of them experience the painful loss of family members such as their parents, grand parents, and brothers, which sometimes leaves them alone in a harsh world. In addition, the physical health of the children is affected because of injuries, lack of food and medical care. All of this leads to emotional problems that can conflict with the children’s development and future well being. Finally, war can leave lasting repercussions on the countries that are involved in it. Due to contamination by biological weapons, insufficiency of food, or the bad administration of it, hunger appears and people become desperate. In addition to this, the economy of the countries involved is affected because of the great quantities of money being used for armaments and defense. The effect of this can be long lasting. With all of this comes an increase in disease as a consequence of the biological weapons, the lack of money for medicines, the destruction of vital buildings such

English Litt

If We Must Die which is written by Claude McKay and To Toussaint L’ouverture which is written by William Wordsworth. The form of If We Must Die is that it is a Shakespeare sonnet it is a fourteen line poem written in Iambic pentameter. The first twelve lines in If We Must Die rhymes and the rhyme scheme of it is ABABCDCDEFEFGG. While To Toussaint L’ouverture is an Italian sonnet it also has fourteen lines but a different rhyme scheme than Shakespeare’s sonnet it is ABBAABBA CDECDE.The tone of If we must die is rebellious because the writer is saying that the persons are tired of what is happening and they want change. And the tone of To Toussaint L’ouverture is depressing the writer is reminiscing of what happened and also giving his opinions on it. The mood of If We Must Die is aggressive it is aggressive because they are fighting for a cause and won’t stop not until they are heard.While in To Toussaint L’ouverture the mood is calm the write r is telling a story of what had happened and how it affected them personally and also society. The literary devices in If We Must Die is simile used in line 1 Claude is comparing something like death to hogs the writer is saying that the people do not want live like animals anymore so they are going to fight for their rights, another literary device is a rhetorical question is used in line 12 with â€Å"What though before us lies the open grave? This reminds the reader that death waits for all of us, so what have they really got to lose. In To Toussaint L’ouverture the literary devices are imagery because we are getting and insight to what happened in the poem and it is also symbolism because it symbolizes what happened and how it affect the persons in this poem.If We Must Die is about The Harlem Renaissance race riot this is where the blacks were against whites and where fighting for racial Inequality. And To Toussaint L’ouverture is about The Haitian Revolution and gives example of how closely To Toussaint L’ouverture actions and later imprisonment and how he died. These two poems are similar because they both deal with rebellion and inequality of people and how persons fought for what they wanted.