Judicial Review Essay Example | Topics and Well Written Essays - 2500 words

Judicial Review - Essay Example Who will then protect the ordinary citizen from suffering from the wrath of the angry Queen of Hearts and give them a chance to have their cases reconsidered and to achieve procedural and substantive justice Our saviour is of course the remedy of Judicial Review which has become more of an eye sore to the Executive in the yester decades as the Judiciary continues to "check and balance" an unruly, highly political executive particularly after the new Constitutional Reform Act 2005 and the not so recent Human Rights Act 1998 which seems to have absorbed in the veins of judicial activism and recent case law with much ease. This Paper explores the process of judicial review of administrative action in the United Kingdom in the context of its constitutional significance. ... migration and Terrorism law post 9/11 and 7/7).Although there have been attempts to circumvent the scope and effect of the doctrine of Judicial Review in the past ( Anisminic Ltd. v. Foreign Compensation Commission2) ,the most recent has been the notorious "ouster" clause in the Asylum and Immigration (Treatment of Claimants) Bill which has provoked an outcry from the human rights lobby and the constitutional law experts. Also significant is the role of the Human Rights Act 1998 which has to some extent resolved the debate whether judicial review should be based on common law or statute.3 Power must be Checked by Power4 The constitutional basis of Judicial review lies in the concept of "checks and balances" where as the actions of the members of the executive will be "checked" by the Judiciary to see whether they have gone beyond their "power" to prevent the arbitrary abuse of power. Traditionally the English approach to a systematisation of judicial review was remedial based and thus similar to the development of the prerogative writs5 which developed as personal requests by an individual to the King for the redressal of a wrong suffered by another individual.6The UK has no separate system of administrative courts (and the concept never found favour with the system either eversince the abolition of infamous prerogative Star Chamber).Thus the present administrative review system of England can be described as a body that combines both a substantive body of law containing grounds of review and a large number of administrative tribunals dealing with statutory appeals from decisions of public bodies. The subject of judicial review of administrative action thus requires a discussion of the role of the courts in devising and applying constraints to the exercise of

Energy Drinks as an Emerging Social Problem Essay Example for Free

Energy Drinks as an Emerging Social Problem Essay It seems like there is a new drink on the markets that I beginning to stir some questionable issues on health issues. It does not contain alcohol, but simply is packed with sugar and caffeine. Energy drinks are â€Å"in† right now thanks to the media advertising and trying to sell their products. Debate has been stirred on whether anyone should be drinking these drinks, especially young adults and children. The stimulants contained within energy drinks can disrupt the hearts rhythm, elevate heart rates, cause hypertension, anxiety, headaches, interrupted sleep patterns and in some rare cases can lead to seizures. All of the combined ingredients in energy drinks and their effect are still not fully researched and unknown of the consequences, but definitely it has been figured out that energy drinks are NOT good for the body. What is now just an issued because â€Å"according to doctors† ; might later turn into laws where there has to be an age limit to be able to buy energy drinks. More than likely they won’t become illegal, but there will be a restriction on them for the safety of the younger population in the United States. As mentioned earlier drinking energy drinks is started to become a problem because doctors played the role of claimsmakers. Right now they are trying to convince the general public that something is wrong and something needs to be done about it. To them, consuming energy drinks is a â€Å"troubling condition†. Because of this discovery that energy drinks are bad for the body, the media began to cover this issue. It is not a big issue right now and cannot be described as a social problem because this emerging social problem has really only gotten to the media coverage stage. Time will still tell what the public reaction is going to be. Right now it seems like there has been no reaction to this issue. There are still 3 stages this emerging social problem need to go through; policy making, social problems work, and policy outcome. The claimsmakers have used typifying examples to try to show that energy drink consumption really is a problem. Natural News. com mentions that a 15 year-old boy with ADHD went to the hospital and was suffering from a seizure after drinking two bottles of Mountain Dew and his pill, but energy drinks have 3 to 5 times the amount of caffeine that sodas do. The claims warrants here are simple; something needs to be done to protect the younger population from troubling and unhealthy choices. In conclusion, claimsmakers want restrictions on energy drinks to make it harder for young adults to consume; thus a healthier America. Energy drink consumption seems to be the cigarette of their generation for a lot of young people. Just how cigarettes ended up with laws being made for them, it is very possible that energy drinks will get some kind of restriction on them. This debate on energy drink consumption has begun to get heated and forecasting a big change in policies for energy drinks are very possible in the near future. http://www. devonbate. com/energy-drinks-that-big-of-a-deal/ http://www. foxnews. com/health/2011/02/15/energy-drinks-harming-kids/ http://www. naturalnews. com/032786_energy_drinks_side_effects. html.

Like Water For Chocolate Character Descriptions :: essays research papers fc

Tita - The protagonist of the novel, Tita is the youngest daughter of Mama Elena, prohibited by family tradition from marrying so that she will be free to take care of her mother later in life. The novel follows Tita's life from birth to death, focusing mostly on her tortured relationship with Pedro and her struggle and eventual triumph in pursuit of love and individuality. Mama Elena - The tyrannical, widowed matriarch of the De La Garza clan. Mama Elena is the prime source of Tita's suffering. Her fierce temperament inspires fear in all three of her daughters. She keeps Tita from her true love, Pedro, and it is later revealed that Mama Elena herself once suffered from a lost love, embittering her for the rest of her life. Pedro - Tita's true love, and the eventual father of Roberto and Esperanza. Denied marriage to Tita by Mama Elena, he agrees to marry Rosaura, breaking Tita's heart. Nevertheless, he asserts his continued love for Tita throughout the novel and pursues her secretly. Pedro dies after he and Tita are finally blissfully united while making love at the novel's end. Rosaura - The second daughter of Mama Elena, Rosaura marries Pedro, much to the despair of Tita. Rosaura leaves the ranch when Mama Elena sends her and Pedro to San Antonio to keep Pedro and Tita apart. Her first child, Roberto, dies as an infant; her second, Esperanza, prohibited like Tita from ever marrying, weds Alex after Rosaura dies. Gertrudis - The eldest daughter of Mama Elena. Gertrudis escapes the ranch after reacting mysteriouslly to one of Tita's recipes. She runs away with a rebel soldier, works in a brothel at the Mexico-Texas border, and eventually returns to the ranch as a general in the revolutionary army. It is eventually revealed that Gertrudis is the offspring of a hidden, extramarital affair between Mama Elena and her true love, a mulatto man. Dr. John Brown - An American doctor who cares for Tita when she experiences a breakdown, and the father of Alex. John eventually falls in love with Tita and helps rehabilitate her soul, revealing to her the nature of the fire that resides in each individual. Tita becomes engaged to him, but eventually denies him marriage to pursue Pedro. Nacha - The ranch cook, of unspecified indigenous background. Nacha is the prime caretaker for Tita throughout her childhood, and provides her with the love and support that Mama Elena fails to give. She is also the source for most of the recipes in the novel. Nacha dies on the day of Rosaura's wedding but returns throughout the narrative as a spiritual guide

China one child policy

China One Child Policy State philosophy of the 1950s was that a large population gave a strong nation, so high birth rate was encouraged, as well as this during that time death rate fell due to better supply of food and medicine. In 1959, all attention was paid to improving industry leaving no attention on farming and as a result killing 20 million in a famine. After the famine, during the 1960s population was seen to be a problem with 55 million born every year. The result of this was the policy ‘later, longer, fewer' encouraging people to decrease birth rate by later marriages, longer gap between hildren and fewer children.This did bring natural increase down from 2. 1% to 1. 2% however this was not enough. This led to the Introduction of the One Child Policy: Limiting the children families could have. Putting pressure to use contraception. Family planning workers in every workplace. ‘Granny police making sure contraception was used, reported on pregnancies and If neces sary enforced abortions and sterilisation. In urban areas it was easier to enforce with rewards of good provision of education and health care however in rural areas people did not keep to the policy as strictly.It was necessary to have the permission of council for a child, but in remote areas it was far harder to check up and therefore more unreported births. Especially In rural areas, where much of the economy is subsistence farming, baby boys were more desirable resulting in female infanticide and baby girls ‘disappearing. The male dominance gave the only child little emperor syndrome' being the only child getting the attention. In rural areas because of the poor provision of education and much of the Income coming from farming, the government had to offer opportunltles to generate Income should they dhere to the restrictions.However the penalties for not respecting the policy included: Cash fine or taking away livestock. No benefits that you can gain from having one child to those with two or more. However In some cases councils encouraged peasants to have more children as It would get them more money and in any case many people are prepared to pay the fine for another child. Benefits of keeping to policy: Better lifestyles are promised for the families. Later marriages In life. Better retirement pensions. The mother is granted a longer maternity leave than in other countries.Salary rise for the parents Free education for their children. The child gets priority for a job in the future. Since 1990 there have been relaxations to the policy because it was so difficult to enforce and the government worrying about the impacts of an ageing population on economy. If husband and wife are from one child families they can have two children. Couples can have another child If first one is disabled or dies. In the western regions, ethnic minorities able to have as many children as they like. 1 OF2 However even In 2 aoortlons were ora erea In one city alone. succ esses: 00 million births prevented.

Amys bread case study Essay

Case Study Questions 1. Who are the main players (name and position)? The main Player in this is Amy Scherber and she is the manager and owner. Another main character is Toy Kim Dupree and he is Amy’s assistant manager. 2. In what business or businesses and industry or industries is the company operating? Amy’s bread is in the business of selling bread products both wholesale and retail. They sell primarily to high quality restaurants, hotels and food shops. 3. What are the issues and problems facing the company? (Sort them by importance and urgency.) It is hard to make a large profit because Amy pays her employees a higher amount then the other business in her field. She also has to employee about four times as many employees to complete the same job due to the intensiveness provided on each batch of bread. The company is also struggling with the idea of wither to expand or stand pat with their business. 4. What is the primary problem for the company/organization in this case? The primary problem in this case is the idea of expansion. The problem is that they do not know if they should expand or stand pat. If they do expand how are they going to centralize their business. Are they going to do strictly wholesale or wholesale and retail. 5. Why have the problem (s) you cite emerged? Identify the causal chain (the events or circumstances that caused the problem-Some will be Internal Weaknesses, others EXTERNAL Threats). This main problem has occurred because they are currently located in a storefront that is not adequate to provide the needs of all their potential customers. The main weakness here is that they are in a bad location for advancement. In their current location they are completing all of the orders that they possibly can. 6. What are the characteristics of the industry that the company is in and how is the industry changing over time? When Amy’s Bread first open bread baking was a growth industry. The U.S Department of Commerce reported there was a 12 percent increase in the consumption of specialty breads per capita. This industry is also very tough to get into there are a great deal of company’s that already have been working with restaurants for a long time. The other problem with the industry is that because it was a growth period many new bakers were trying to enter it and earn a name for them. So the computation for customers is high in the industry and only growing more competitive. 7. What is the firm’s strategy for differentiation, enabling them to compete within the context of their industry? Amy had a clear goal she wanted to be famous for making a great product and for creating a good place to work. Amy’s product itself was different because she set the highest standards on her quality. They also do not use any machines in the shaping of their bread. Every load of bread was hand crafted and shaped which was why her payroll was so high but it set her breads apart from the average shop. 8. What are possible solutions to the problems you have identified? Possible solutions to her crisis on where to go or wither to move at all are one she could not move and be satisfied where she is. The second option is she could move to a building that she would be able to produce large amounts of wholesale goods at and not concentrate on retail goods. The third option is she could move to an even bigger place where she could sell retail product and still meet her needs for wholesale. 9. What are the advantages and possible disadvantages of your solution(s)? If she stays pat then she will be able to turn a marginal profit and meet the needs of her current customers. The disadvantages would be that she would then miss out on opportunity to sell to all the customers that she has on her waiting list and her retail business would not be any bigger. In second option they would be able to meet all her wholesale needs. The disadvantages would be that she could not sell retail customers any more and she would be paying more for the property. In the third option she would be able to sell both retail and wholesale. She would be in a newly developing retail market with access to foot traffic. She would also be able to meet all her whole sale needs. To top it off she would be able to design the layout of the building to fit her exact needs. The disadvantages of this are that it is very expensive. She would get everything that she is looking for but at a substantially higher price then the other two options. 10. Are there any possible problems with your suggested recommendations? What contingencies need to be accommodated? My recommendation would be to choose the third option. It is the most expensive but Amy has already demonstrated that she has a sharp business minded and is able to build business and promote it. The retail space will help spread the word of how good her bread actually is and word of mouth is the best advertisement they could have. The biggest problem that they could have is if they start to loose customers. A second problem would be if the market begins to shift away from the cravings of bread. Or another problem could be that they simply do not add enough customers to be able to afford the new space. Case Study Analysis Narrative Format Case title: Amy’s Bread Student: Nicholas Mustico Date: 3-18-2013 Course: Management Principles Firm Overview and Introduction to the Case (Use this and all headings in your narrative) In this first section of the narrative, you will provide a brief description of the case subject firm and circumstances for your reader. YOU are the expert. Your analysis is reliant on the fact that you’ve read the case at least three In the case study of Amy’s bread you get a complete overview of the company. It discusses where they started how they started and the experience that the owner Amy Scherber has. Amy Scherber is the centerpiece of the company she is the founder, owner, manager, and lead baker/chef for Amy’s bread. Amy is also the main person in charge of the company’s finances and business discussions. Amy is now facing the problem of wither or not she is going to expand her company. She has been able to entrench her business in the tough industry of baking breads. This is a business that is very completive and hard to establish yourself in. Now that she has become  establish she has to decide wither she would like to expand to meet consumer’s demands or stay where she is and be happy with what she has accomplished. Internal perspectives (Use this and all headings in your narrative) This section of your narrative is used to explain to your reader the internal, factual information about the case subject organization and the problems you’ve identified. Additionally, in this section you need to describe the causal chain. How did the problem arise? What caused it? The problem in this case would not be a problem if the company had not become as successful as it has. If the company had not become so popular then the small storefront that she had originally solicited would never have become a problem. They did become popular though and now they have to adjust to what they would like to become. No one knows if she had selected a larger site if she would have ever been able to get herself going but if she had then this problem may never have occurred. Her company now is at a point where they cannot satisfy one additional customer due to space constrictions. Amy’s problem is a hard one to decide on but for a company it is a good spot to be in if you have too much potential business. It is always better to have too much opportunity then too little. * External perspectives (Use this and all headings in your narrative) In this section you will describe the characteristics of the industry in which the subject organization operates. Identify any changes over time, which you believe contribute to the problems you’ve identified. Has the Firm’s Strategy for differentiation within their industry caused, Added to or exacerbated the problems you’ve identified? Amy’s bread is in a very complex and difficult industry to work in. She is in a field that has been â€Å"well farmed.† What I mean by that is that there have already been people there doing what she is trying to do. The business she is trying to sell to unless they are newer then her have all already put someone in place to fulfill their need. She then would have to show these businesses that she is that much better then her computation that they have already employed.  Amy’s strategy for differentiation is basically being better then the computation. She is striving to have the highest quality, freshest, and most innovative bread selection. She had made it a point that she will not sacrifice quality for anything else including profit. Amy was lucky, or smart enough to enter the backing industry when it was on the rise. Consumption of grains had just begun to rise when Amy entered the industry. The U.S Department of Commerce reported there was a 12 percent increase in the consumption of specialty breads per capita. This industry is also very tough to get into there are a great deal of company’s that already have been working with restaurants for a long time. The other problem with the industry is that because it was a growth period many new bakers were trying to enter it and earn a name for them. So the computation for customers is high in the industry and only growing more competitive. This main problem has occurred because they are currently located in a storefront that is not adequate to provide the needs of all their potential customers. The main weakness here is that they are in a bad location for advancement. In their current location they are completing all of the orders that they possibly can. Then again this is not a problem that most business would not want. Solutions (Use this and all headings in your narrative) In this section you will provide a proposed solution to the primary problem/ secondary problems you’ve identified. Possible solutions to her crisis on where to go or wither to move at all are one she could not move and be satisfied where she is. The second option is she could move to a building that she would be able to produce large amounts of wholesale goods at and not concentrate on retail goods. The third option is she could move to an even bigger place where she could sell retail product and still meet her needs for wholesale. If she stays pat then she will be able to turn a marginal profit and meet the needs of her current customers. The disadvantages would be that she would then miss out on opportunity to sell to all the customers that she has on her waiting list and her retail business would not be any bigger. In second option they would be able to meet all her wholesale needs. The disadvantages would be that she could not sell retail customers any more and she would be paying more for the  property. In the third option she would be able to sell both retail and wholesale. She would be in a newly developing retail market with access to foot traffic. She would also be able to meet all her whole sale needs. To top it off she would be able to design the layout of the building to fit her exact needs. The disadvantages of this are that it is very expensive. She would get everything that she is looking for but at a substantially higher price then the other two options. My recommendation would be to choose the third option. It is the most expensive but Amy has already demonstrated that she has a sharp business minded and is able to build business and promote it. The retail space will help spread the word of how good her bread actually is and word of mouth is the best advertisement they could have. The biggest problem that they could have is if they start to loose customers. A second problem would be if the market begins to shift away from the cravings of bread. Or another problem could be that they simply do not add enough customers to be able to afford the new space. Case Model Insert a copy of your case model at the end of your narrative. Model the problem and solution by drawing a diagram. Identify the problem, what is causing it, what is making the problem worse (or potentially hiding the problem), and what can be done to mitigate or eliminate it. Use the strategy models to help you think through the steps that must be taken to intervene and solve this problem. Case model