Heroism in Shooter and Water Margin Essay Example For Students

Valor in Shooter and Water Margin Essay In the exposition, A Comparative Study on Heroism in Shooter and Water Margin, by Xiahong Wei and Jian Xu, distributed by Theory and Practice in Language Studies, Wei and Xu look at how social foundation can influence the two kinds of chivalry appeared in the movies Shooter and Water Margin. Wei presents the paper by clarifying how motion pictures are so emphatically attached to each conscious culture and that they are even more a portrayal of a culture rather than a method of amusement. Wei and Xu address seeing movies that reflect one’s nation can assist individuals with grasping differentiating societies and advance intercultural correspondence. Wei analyzes the two societies by first depicting the American film Shooter. It is about a man that is a specialist expert sharpshooter and secures the leader of the United States yet is pursued down subsequent to being encircled of murdering the Ethiopian diocese supervisor. Bounce Lee then at that point is pursued somewhere around the FBI and attempts to discover reality of what truly occurred. Wei and Xu addresses that Shooter is an average American legend film since it contains a fighter who is solid and doesn't connect himself with any gatherings; which is normal in singular chivalry. Wei demonstrates that singular gallantry appeared in American movies isn't just there for diversion yet additionally a portrayal of American culture. Saints, for example, in Shooter are solid, daring, fearless, and shrewd. Through these qualities is Bob effective in accomplishing the outlandish. Wei investigates the individual valor by clarifying that it bigly affects how Americans dress, teach, and carry on a regular premise. He demonstrates that American individuals accept to be an uncommon gathering of individuals favored by God and that they reserve the privilege to would anything they like to do in light of the fact that human rights and opportunity are pivotal. The individuals of America are totally founded on an individualistic mentality and even in their occupations they attempt to build their system for childish individual purposes. They show an existence of freedom in every day life that they don’t consider other (Wei and Xu 2). In the Chinese film, Water Margin, Wei clarifies that the well known film contained one hundred and eight individuals all with unmistakable societies and classes. In spite of the fact that the individuals living along the water edge had various characters, they were all living as one society under a barbarous authority. Despite the fact that they were all from various degree of social class, they met up as one and defied the pitiless position. Wei declares that this development by the individuals in the water edge is aggregate bravery. Not at all like American legends who have extraordinary powers and battle the terrible without anyone else, Chinese saints are conventional individuals and met up as a gathering to battle the uncalled for. Wei depicts that the meaning of a genuine legend used to take care of business who penances himself for the individuals, yet after the film Water Margin, saints can be an aggregate gathering of individuals that don’t battle alone. Wei calls attention to that aggregate bravery is available in Chinese culture and the general public is governed by it. The devotion appeared in Water Margin is likewise ever present in the Chinese society (Wei and Xu 5) Wei and Xu finish up by referencing that in America, the films, for example, shooter gives support to individual improvement and independence. While in China, community despite everything flourishes in the public eye. These sorts of motion pictures permit individuals from various culture to depict a picture of themselves and it permits nations to share their way of life in this way improving universal correspondence.

Area Based Regeneration Programmes | Evaluation

Region Based Regeneration Programs | Evaluation Region based recovery programs add to overseeing social prohibition yet they don't resolve the issue. Fundamentally talk about this announcement. Coming up next is a basic conversation of the explanation that region based recovery programs add to overseeing social avoidance yet neglect to determine the issue. Zone based recovery programs were created for different reasons, for example, handling neediness, financial recovery, decreasing joblessness, and overseeing social rejection. That the last was not the sole or selective goal of the zone based recovery projects may clarify whether these projects have or have not settled the issue of social prohibition. There are additionally contentions that social prohibition isn't a difficult that could be totally settled by any single political, monetary, and social arrangement working without anyone else. Social rejection could be comprehended in various manners with the goal that a few associations or people might be accept that overseeing it or settling it would be more earnestly or simpler than others would anticipate. The administration of social avoidance without settling the issue all in all could possibly be an estimable accomplishment inside its own right, regardless of whether it despite everything leaves the issue of social rejection in presence, this to will be fundamentally talked about. Territory based recovery programs appeared to balance the harming monetary and social results of modern decrease in Britain’s downtowns like Liverpool, London, or Birmingham; and in a portion of the country’s most intensely industrialized regions, for example, North Eastern England, the Clyde, and South Wales from the1970s onwards. These mechanical zones were areas were the Conservatives discretionary help had regularly been powerless in spite of the fact that until the Thatcher government the gathering had been substance to finance enterprises in these territories. Beforehand, government arrangements didn't explicitly endeavor region based recovery projects to handle social avoidance. Rather governments intended to utilize Keynesian financial strategies to keep up full work, and when essential would keep industrial facilities, coalmines, and shipyards open in run down regions with government appropriations. Where any recovery had occurred it had as a rule been the supp lanting of ghetto lodging with new lodging domains and tower squares (Fisher, Denver, Benyon, 2003 p. 12). Government arrangements were intended to diminish, oversee, or resolve social rejection by helping individuals upon an individual premise by focusing on standardized savings, wellbeing, training, and lodging strategies to those that required that help the most. People as opposed to topographical territories, or nearby networks were the focal point of help from the legislature. To handle social avoidance governments had additionally acquainted enactment with decrease social and financial segregation, for example, race relations and equivalent compensation enactment (Coxall, Robbins, Leach, 2003 p. 397). Amusingly enough the stimulus for the improvement of zone based recovery projects would happen under the Conservative governments after 1979, which were not at first keen on overseeing social avoidance or executing region based recovery programs. Running these recovery programs was in opposition to the Thatcherite ethos of decreasing state inclusion in social and financial strategies. Thatcherite financial strategies finished appropriations to the nationalized businesses prompting processing plants, coalmines, and shipyards shutting down. Those terminations and the breakdown of uncompetitive private segment organizations lead to high joblessness in previous industrialized zones and the downtowns, that thusly expanded degrees of social rejection (Moran, 2005 p. 14). The Thatcher government just started region based recovery programs as a reaction to the downtown uproars of 1981, which, featured the issues that social rejection and monetary rot could cause (Taylor et al, 2000 p.331). N ow the social avoidance and monetary hardships in the previous mechanical regions and the downtowns arrived at levels that had not been seen since the hard hitting melancholy of the 1930s (Jones, 1999 p. 8). From the outset the Thatcher government appeared to be not able to hinder the expanding levels of social rejection not to mention oversee or diminish that issue, which it considered less significant than bringing down swelling, debilitating the worker's organizations, and moving back the state. Obviously expanding degrees of joblessness really implied that use on government managed savings benefits expanded as opposed to diminished. Presumably the Thatcher government was caused in its choice to begin territory based recovery programs by the accessibility of European Union territorial advancement reserves, that were designated to the most financially denied and socially rejected areas inside the part states. This implied the legislature had the option to get additional subsidizin g to recover the territories most seriously influenced by the downturn of the mid 1980s, and were by-passed any monetary recuperation or moves to oversee social prohibition (Moran, 2005 p. 100). Territory based recovery programs were fundamentally focused on financial recovery to lessen joblessness, and its connected social results, for example, rising wrongdoing levels and expanded rate of social prohibition. It was accepted that lessening joblessness would oversee and maybe inevitably evacuate social prohibition, while government disability benefits should help those that didn't or couldn't work. The Conservatives set up provincial advancement partnerships to do recovery programs in the downtowns and previous mechanical territories, for example recovering pieces of London, Birmingham, and Liverpool. Anyway under the Conservatives the primary endeavors to oversee social avoidance were kept to helping people through government preparing plans, for example, Training for Work and the Youth Training Scheme (Fisher, Denver, Benyon, 2003 p. 16). New Labor was quick to stretch out territory based recovery projects to proactively oversee, and maybe inevitably resolve social avoidance, and increment measures to lessen joblessness. New Labor stretched out its New Deal activity to cover denied regions inside the New Deal for Communities program (Seldon Kavanagh, 2005 p. 175). The New Deal for Communities program was intended to be in a somewhat unique structure to past territory based recovery programs as neighborhood local gatherings should have a more prominent impact over the ventures chose to recover their nearby networks (Fisher, Denver, Benyon, 2003 p. 216). By and large local gatherings have invited having the option to have an impact over the tasks chose to recover their networks. Local gatherings before New Deal for Communities regularly felt barred from the dynamic procedures identifying with the regions wherein they lived in (Seldon Kavanagh, 2005 p. 175). Few out of every odd New Deal for Communities program has worke d out in a good way, most quite the Aston Pride Project which flopped because of a poor connection between the local gatherings, the neighborhood authority, and different government offices. The undertaking was shut down ahead of schedule in the midst of charges of defilement inside the local gatherings and counter claims of prejudice inside the neighborhood authority and government organizations (Dale, May 28 2004). While region based recovery programs have been to a great extent compelling at overseeing social prohibition, there are cutoff points to clarify why these projects are probably not going to determine the issue of social avoidance inside and out. At the point when zone based recovery programs have been finished there possibly new organizations that have moved to that area and in some cases the standard of lodging has been improved, unquestionably positive accomplishments, yet not liable to determine social rejection without anyone else (Seldon Kavanagh, 2005, p. 175). Both Conservative and New Labor governments have found through experience that territory based recovery programs are bound to prevail with regards to overseeing and in the long run settling the issue of social prohibition when utilized related to different activities, for example, handling segregation, poor lodging, wellbeing and instruction administrations. Social prohibition will likewise require diminished wrongdoing levels to have a possibility of being overseen (Jones et al, 2004, p. 619). Plans, for example, Training for Work New Deal can bring down joblessness, yet there are confines on what they can accomplish. Finishing those plans has made individuals progressively employable, in spite of the fact that they may pick up work outside of the denied or recovered zones that they live in. New Deal is likely digging in for the long haul as a component of New Labour’s government assistance to work methodology. New Deal itself targets additional assistance to those gatherings that have thought that it was more diligently to secure or keep positions, for example, solitary guardians and the handicapped (Seldon Kavanagh, 2005 p. 316). These gatherings are progressively helpless against experiencing social prohibition without living in territories that are monetarily or socially denied. These gatherings are not just aided by New Deal, they are likewise helped by charge credits and kid charge cr edits. The administration wished to improve the open door for all kids with better training arrangement and the Sure-start program for kids from denied regions or families with low salaries. New Labor has likewise endeavored to handle social rejection among retired people with the presentation of annuity credit (Seldon Kavanagh, 2005 p.315). Hence it very well may be presumed that zone based recovery programs have assisted with overseeing social prohibition without having the option to evacuate the difficult itself. Territory based recovery programs were basically set up to bring down joblessness and lessen social rejection that was higher in the downtowns, and previous modern zones, for example, North East England, and South Wales. The Thatcher government in numerous regards made the issue of social avoidance more awful as opposed to better as it sought after monetary and social approaches that expanded joblessness,

The Gay Rights Movement And Freedom

The Gay Rights Movement And Freedom Gay rights development helped many individuals don't hesitate to be them-selves. Despite the fact that gay individuals are frequently disapproved of, gay individuals are much the same as every other person. They are individuals needing to be cherished and thought about by another. As indicated by Stacy, It is likewise essential to characterize the gay rights development all in all. Research shows that The gay rights development includes an assortment of inexactly adjusted social equality gatherings, human rights gatherings, bolster gatherings and political activists looking for acknowledgment, resilience and balance for (gay, promiscuous), and transgender individuals, and related causes (Shaneyfelt, 2009). In spite of the fact that it is commonly alluded to as the gay rights development, individuals additionally advance the privileges of gatherings of people who don't really recognize as being gay (http://www.aboutsociology.com/humanism/Gay_rights_movement). As a matter of first importance, as you follow the historical backdrop of this crucial development and devise a course of events, you may credit that the cutting edge gay rights development is considered by numerous pundits to have started with the Stonewall revolts in New York City in 1969 (http://www.pbs.org/niot/get_involved/Guide2/study_guide_II_final_23.html). If you don't mind note how the Stonewall riots denoted the most sensational occasion throughout the entire existence of American homosexuality The uproars offered a significant expression as far as law requirement. Since police assaults on gay bars were standard, the uproars fought these particular activities, made it into national features and propelled protection from such police attacks in different urban areas This opposition made more activism mix (Shaneyfelt, 2009). As indicated by Stacy, As you likewise see why Stonewall was so essential for gay rights, if it's not too much trouble note how it additionally denoted the first between generational hole in the gay network and the start of the break between gay society and lesbian culture. Past ages of gay men were all the more explicitly preservationist and wanted to remain quiet about their sexuality, the new age was indiscriminate and vocal. Lesbian culture, as more seasoned gay male society, wanted to be all the more explicitly traditionalist and private, so a hole started to develop between the two gatherings (Shaneyfelt, 2009). As you at that point analyze different ramifications on life right now in the 21st century, you may guarantee how changes include dissident gatherings that are advocates for gays, lesbians, bisexuals, trans-gendered individuals, and so forth. Research shows that organizations and teams, for example, the National Gay and Lesbian Task Force (NGLTF), established in 1973, which has attempted to battle against gay brutality and to improve the lawful status of gay men and lesbians in the United States (The National Gay and Lesbian Task Force). Other than backing gatherings, the gay rights development of the 60s additionally impacts at present life in the legitimate domain. For instance, significant advances in gay rights have been made since the 1960s in term of enactment. Research shows how Several states have canceled laws that made gay acts illicit, in spite of the way that in 1986 the United States Supreme Court maintained the defendability of such laws. A few states have additionally passed laws precluding segregation dependent on sexual direction in business, lodging, and different territories (The National Gay and Lesbian Task Force). As you further relate how the sexual upheaval during the 1960s in America assumed a job in engaging gay rights, you may take a gander at how an adjustment in the brain research of gay society had become gay militancy by 1969, much as the women's activist and dark developments had changed (Shaneyfelt, 2009). Once more, as you look generally and move past this occasion, you may propose how In 1970, the gay force development had arrived at such extents that marches were held to honor the principal commemoration of the Stonewall riots. Meanwhile, the Mattachine Society had supported gay freedom gatherings and the Gay Liberation Front had been framed. The point of the new association was not to quietly show that gay people were adequate subsequently, gay people turned out to be progressively sorted out and gathered in urban communities, for example, New York and San Francisco (Shaneyfelt, 2009). Correspondingly, investigate in human science likewise states that A Gay Liberation Front was dynamic in New York in the mid 1970s. In the liberal political standard, gays and lesbians sorted out the Alice B. Toklas Memorial Democratic Club in San Francisco in 1971 (Walls, 2008). Similarly as there are numerous impacts today from the authentic development, for example, pride days and marches, the 1970s likewise observed these sorts of occasions. Research uncovers that San Franciscos Gay Freedom Day marches attracted huge numbers the late 1970s, and the main National March on Washington for Lesbian and Gay Rights was held in October 1979 (Research in humanism additionally declares that A Gay Liberation Front was dynamic in New York in the mid 1970s. In the liberal political standard, gays and lesbians sorted out the Alice B. Toklas Memorial Democratic Club in San Francisco in 1971 (Walls, 2008). Other sociological impacts are still felt in campaigning endeavors today. It would be ideal if you note how the 1970s additionally was the point at which a lot of national campaigning and lawful guard bunches just as a political activity panel (http://www.sonoma.edu/clients/w/wallsd/glbt-movement.shtml) happened. A significant objective was getting homosexuality laws canceled in about a large portion of the states (Walls, 2008). A significant advancement in the development additionally happened during the 1980s. By 1980, most enormous urban areas had in any event one prevalently gay neighborhood (Shaneyfelt, 2009). These subtleties above could legitimize your sociological methodology. In any case, since you need a mental point of view, you may likewise add how The second most emotional occasion in gay American history is the AIDS plague which started authoritatively in 1981 (Shaneyfelt, 2009). Albeit physical in nature, mental repercussions likewise interweave on the grounds that numerous gays needed to change their philately upon sexuality. They at first passionately fought proposals that they should control their sexuality or use condoms until well into 1988. At that point, their lives and political position were in outrageous peril (Shaneyfelt, 2009). When taking a gander at other verifiable and mental impacts, explore shows how AIDS turned into an image of mistreatment to gays, similarly as homosexuality laws had been. To them, society needed to place enormous measures of cash into the ailment or it was not sufficiently perceiving the necessities of the gay network (Shaneyfelt, 2009). By 1990, the subject of what caused homosexuality surfaced by and by. The principal hypothesis is that it is cause either by a spot of hereditary qualities, a birth deformity, or a hormonal variation from the norm; at the end of the day, it is natural. The subsequent hypothesis is that t something about a people socialization drives them to pick a gay way of life (Shaneyfelt, 2009). Different ramifications of this occasion for life in the 21st century additionally incorporate different viewpoints. Lawfully, the development has been fruitful to revoke numerous homosexuality laws were canceled in most American states, and those that despite everything remained were managed illegal in the June 2003 decision in Lawrence v. Texas. Numerous organizations and nearby governments have statements in their nondiscrimination strategies that preclude segregation based on sexual direction. In certain locales in the U.S., gay slamming is viewed as a loathe wrongdoing and given a harsher punishment (About Sociology, 2010). Other sociological improvements may likewise incorporate same-sex relationships. It would be ideal if you note how The U.S. territory of Massachusetts permits same-sex marriage, and the conditions of Connecticut, Hawaii and Vermont give the common association as an option in contrast to marriage. Be that as it may, in numerous states, laws and established alterations have been passed precluding any acknowledgment of same-sex marriage. Virginia law, the most extensive, prohibits acknowledgment of any advantages like those of marriage between individuals of a similar sex (About Sociology, 2010). Gay reception builds denotes another region where you can apply mental and sociological ramifications on present day life. The development of the 1960s made these rights conceivable. Research shows that Recognizing that lesbians and gay men can be acceptable guardians, most by far of states no longer deny authority or appearance to an individual dependent on sexual direction. State offices and courts presently apply a wellbeing of the kid standard to choose these cases. Under this methodology, a people sexual direction can't be the reason for cutting off or constraining guardian kid associations except if it is exhibited that it makes hurt a youngster a case that has been routinely invalidated by sociology inquire about. Utilizing this norm, in excess of 22 states to date have permitted lesbians and gay men to receive kids either through state-run or private appropriation organizations (Overview of Lesbian and Gay Parenting, Adoption and Foster Care , 1999).

The Emergency Provisions in India - Free Essay Example

Chapter 1 Introduction- An Analysis of the Emergency Provisions in the India. It is the President who can proclaim an emergency when he receives in writing a decision of the Union Cabinet to that effect. Ours being a parliamentary system, the President could proclaim emergency only when advised by the Council of Ministers through the Prime Minister. This provision was said to have been misused by the Prime Minister, in 1975 when the President was advised to make a proclamation of emergency on the ground of disturbance. In order to minimize the chances of abuse of power to declare emergency and to ensure that a proclamation of emergency is issued only after due consideration, Article 352 was amended by the Constitution (44th Amendment) Act 1978. After the 44th Amendment, it is provided that the President can make a proclamation declaring emergency only when he receives in writing the decision of the Union to this effect. Grounds for Proclamation of an emergency. A proclamation to emergency maybe made on the ground of war, external aggression or internal disturbance. The expression à ¢Ã¢â€š ¬Ã…“internal disturbanceà ¢Ã¢â€š ¬Ã‚  is too vague and wide. It may cover a minor disturbance of law and order or even a political agitation. With the view to exclude the possibility of an emergency being proclaimed on the ground of internal disturbance of any nature, minor or grave, the 44th Amendment has substituted the expression à ¢Ã¢â€š ¬Ã…“internal disturbanceà ¢Ã¢â€š ¬Ã‚  by the expression a rmed rebellion. Thus, after the 44th Amendment, a proclamation of emergency maybe issued on any of the following grounds: (a) war (b) external aggression or (c) armed rebellion. However actual occurrence of war, external aggression or armed rebellion is not a condition precedent. Such a proclamation maybe made by the President even before the actual occurrence of the above events, when the President is satisfied that there is current danger of war, external aggression or armed rebellion.[i] War: The term war may mean the existence of violent struggle between two countries through the application of armed forces. When there is a formal declaration of an attacker from one country against another there exists à ¢Ã¢â€š ¬Ã…“warà ¢Ã¢â€š ¬Ã‚  between the two countries and the winning country dictates according to its whim. External Aggression: The expression external aggression has many definitions such as unilateral attacks with force by any one state against another s tate without formal declaration of war. Such unilateral acts of force so long as they are not answered by similar hostile acts by the other side, constitute external aggression. Publication of a Proclamation: Article 352 does not prescribe any particular mode in which a proclamation should be published in order to come into operation. According to Article 352(1) the President may make a proclamation of emergency only when he is satisfied as the existence of a threat to the security of India, or a part thereof. Thus, the question whether security of India is threatened or not lies on the subjective satisfaction of the President acting on the advice of the Cabinet. The question has arisen from time to time whether the satisfaction of the President is justifiable or not. In Bhutnath v State of West Bengal[ii] the Supreme Court refusing to hold the continuance of the emergency under Article 352 is à ¢Ã¢â€š ¬Ã‹Å"voidà ¢Ã¢â€š ¬Ã¢â€ž ¢. To put the matter beyond the shadow of any doubt, the Constitution (38th Amendment) Act, 1975 amended the Constitution by adding Clause 1 to Article 352 which declared that the à ¢Ã¢â€š ¬Ã…“satisfactionà ¢Ã¢â€š ¬Ã‚  of the President mentioned in Article 352 shall be final conclusive and cannot be challenged in any court on any grounds. Also, it was stated that the Supreme Court will not be entertaining any question on any ground when an Emergency is declared in the state as stated in Clause (1) or the continued operation of such proclamation. The satisfaction of the President in declaring the emergency under Article 352 were thus sought to be placed beyond the ken of judicial scrutiny.[iii] In Bhut Nath[iv] that was the view taken by the Supreme Court when it was said that the proclamation of emergency was not a justiciable issue but was a political matter in substance. The amendment sought to put this judicial view in the form of a constitutional provision list the Courts might change its opinion at some future dat e. Now the 44th Amendment of the Constitution has repealed Article 352(5). The position has this restored to what it was before the 38th Amendment Act. It is therefore for the Supreme Court to decide whether it will treat the satisfaction for the President to issue a proclamation of emergency or to vary it or to conceive it as final and non judiciable or as being subject to judicial review on some grounds. Since the passage of the 44th Amendment Act of the Constitution, the question of judicial review of the President to declare or not to declare an emergency has not arisen as no emergency has been declared after 1975. In Minerva Mills[v], however Bhagwati, J., did express the view that whether the President in proclaiming the emergency under Article 352 has applied his mind, or acted outside his powers or acted malafide in proclaiming the emergency could not b excluded from the scope of judicial review. Bhagwati, J., also observed that the 38th Amendment which barred from being called into question in a court could be declared unconstitutional as being violative of the basic structure of the Constitution. Further after the Supreme Court decision in Bommai[vi] by Bhagwati, J., in Minerva Mills. [vii]held that the Constitution seeks to control the exercise of the power of proclamation of an emergency in two ways: (a) The President must act on the advice of the Central Cabinet and not in his own subjective satisfaction and not on the advice of the Prime Minister alone. Thus the effective way to declare an emergency lies in the Cabinet. (b) the democratic control over the executive power in respect of proclaiming an emergency has been strengthened in so far as parliamentary approval is necessary for the proclamation immediately after it is made and then after every 6 months.[viii] But the safeguards may prove tenuous in practice because the government enjoys the support of the majority party and the Cabinet functions on the principle of Collective res ponsibility. A strong willed Prime Minister may dominate his cabinet as well as the party and thus mobilize support for the emergency even though in effect there may be no need for the same. It appears essential that a limited judicial review of the exercise of the power to proclaim emergency remains available. This extra parliamentary check is extremely important for safeguarding democracy in the country.[ix] When a Proclamation of emergency under Article 352(1) is declared the following drastic consequences follow: (a) there is a transformation in the behavior of the Indian federalism. The normal fabric of the Centre-State relations undergoes a fundamental change. Parliament makes laws with respect to any matter in the state list and such a law operates till six months after the proclamation ceases to operate [Article 250]. It thus means that the normal peace time distribution of legislative powers is practically suspended so far as Parliament is concerned. The State legisla tures continue to function as usual and may make any law in their assigned areas viz the List II and III but Parliament becomes empowered to legislate even in the exclusive state sphere as a result of the Proclamation of emergency. Parliament can meet the emergency by any passing any law that it may regard necessary without being trammeled by the scheme of distribution of powers.[Article 250(1)] and a Central law would override a State law even with respect to a matter in the State List [Article 251]. Article 359 states during emergencies, the enforcement of the rights under Article 20 and 21 cannot be suspended. The life of a law enacted by Parliament during the proclamation of emergency ceases to operate on the expiry of six months and the normal scheme of distribution legislative powers is fully restored. [x] (b) Further the Centre becomes entitled to give directions to a state as to the manner in which it is to exercise its executive power [Article 353(a)]. Since Parliamen t can make a law even in the exclusive state field it means that the Centre can give directions even in the area normally allotted to the State. Parliament may confer powers and impose duties upon the Centre or its officers and authorities even though the law pertains to a matter not in the Union List [Article 353(b)]. a) When an emergency is declared not in the whole of India but only in a part of India, the executive power of the Centre to give directions and the power of the Parliament to make laws as mentioned above, extent not only to the State in which the territory under emergency lies, but also to any other state if and so far as the security or any part of the territory thereof is threatened by activities or in relation to the part of the territory of India in which the proclamation of Emergency is in operation[Proviso to Article 352]. This provision means that in such a case, directions may be issued by the Center to the States which are not included in the Proclamat ion of Emergency. This provision has been inserted in the Constitution in order to make emergency effective in the area where it has been imposed by restricting undesirable activities in the adjoining areas. Miscreants could not be allowed to take advantage of the fact that the Proclamation does not relate to a particular spot where such activities are for the time being, being carried on. b) While the Proclamation of emergency is in operation, the President may direct that any provision (Articles 268 to 279) relating to the distribution of revenue between the Centre and the states, subject to any changes which he thinks fit. This provision frees the Centre from its obligations to transfer revenue to the States so that its own financial capacity remains unimpaired to deal with the emergency. An order suspending distribution of revenue is to be laid in the two Houses of Parliament and it would remain in force beyond the end of the financial year whereby the proclamation of emergen cy comes to an end. c) During an emergency, Parliament can also levy any tax which ordinarily falls in the State list [Article 250]. Thus, although the State Governments continues to operate the Central Government becomes omnipotent and the normal distribution of legislatives, executive and taxing powers and the scheme of distribution of revenue between the Centre and the States are all undone so far as the Centre is concerned. The reason is that during an emergency the Centreà ¢Ã¢â€š ¬Ã¢â€ž ¢s financial need becomes greater than its peace time commitments and therefore the normal financial arrangements between the Centre and the States cannot continue to function. d) As has already been pointed out, during the proclamation of an emergency the life of the Lok Sabha comes to an end, this provision enables the same to be extended for the period of emergency. e) Parliament may by law extend the life of State legislature by one year each while an emergency persist in a state , subject to a maximum period of six months after the emergency ceases to operate [Proviso to Article 172]. f)The proclamation of an emergency also effects the Fundamental Rights. Article 358 states that during an Emergency of the six freedoms guaranteed to the citizens of India by Article 19 of the Constitution would be suspended and the State can make any law or to take any executive action abridging or taking away the rights guaranteed by Article 19 of the Constitution. The first imposition of the Presidentà ¢Ã¢â€š ¬Ã¢â€ž ¢s rule under Article 356 came in June 1951 when the Punjab Government was superseded despite its enjoying majority support in the Assembly. The real motivation was said to have been the need to resolve internal Congress Party differences. Again, in July, 1959 the Communist Government in Kerala faced the axe even though it had the full confidence of the State Assembly. The step was necessitated to protect the democratic principles of the Constitution wh ich were believed to be violated by the Communist Government.[xi] In 1967, without losing the confidence of the Assembly, the then Haryana Government was dismissed and Presidentà ¢Ã¢â€š ¬Ã¢â€ž ¢s rule imposed. Large scale defections, instability of government, political corruption etc were mentioned as the grounds. The most bizarre use of Article 356 was when on a single day, on 30 April, 1977 following results of general election to Lok Sabha, as many as nine State Governments ruled by the congress were taken over by the Jananta Government in New Delhi. Similarly, following the results of mid-term elections to Lok Sabha in January, 1980, proclamations under Article 356 were again issued on 17 February in respect of nine Non-Congress ruled States. Following the demolition of Babri Masjid on 6 December, 1992, Presidentà ¢Ã¢â€š ¬Ã¢â€ž ¢s rule was imposed on four BJP ruled States. In Bommai [xii], the Supreme Court held the exercise of power under Article 356 was subject to jud icial review, if the Court found the imposition of Presidentà ¢Ã¢â€š ¬Ã¢â€ž ¢s rule unconstitutional, it could order restoration of the dismissed State Ministry and revival of the dissolved Assembly. However, in the case of Karnataka and some other States where fresh elections had taken place and new governments formed, the Court did not order restoration of the old Assembly and Government, even though the proclamation was found to be unconstitutional. In the case of BJP states, proclamation was held to be unconstitutional on the ground that secularism was a basic feature of the Constitution and any government that acts against principal of secularism violates the Constitution and Article 356 can be invoked against it. In 1999, Presidentà ¢Ã¢â€š ¬Ã¢â€ž ¢s rule was imposed in Bihar under Article 356 on the grounds of serious failure of law and order. The BJP led Union government could get the proclamation approved by the Lok Sabha but failed in the Congress majority Rajya Sabha. The proclamation had to be revoked and Bihar government restored.[xiii] In the years 1997 and 1998, the Union Government headed by Gujral and Vajpayee respectively, advised the President to take over the administration of U.P. and Bihar on grounds like corruption, bad government, failure of law and order, spread of violence, defections and crime even though both the State Governments enjoyed the confidence of the their respective houses. The Union Cabinet reiterated its advice and the President accepted it. Presidentà ¢Ã¢â€š ¬Ã¢â€ž ¢s rule under Article 356 was proclaimed in U.P. on 9 March, 2002 on the ground that the public verdict in the general election was fragmented and no party was able to satisfy the governor of a stable majority. The most recent controversies were the developments in the three States of Goa, Jharkhand and Bihar, 2005. The Supreme Court had declared the unconstitutionality of the dissolution of the Bihar Assembly while simultaneously allowing the election process for a new Assembly to continue.[xiv] Also on 28 February, 2014 an Emergency was declared in Andhra Pradesh, when the Indian Parliament passed the Andhra Pradesh Reorganisation Bill, which was meant to carve out a separate Telangana state. Also on 14 February, 2014 in Delhi Presidentà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rule was imposed when Arvind Kejiriwal resigned as Chief Minister after failing to table the Jan Lokpal Bill in the Delhi Assembly. Article 355 imposes a twofold duty on the Centre to protect every state against external aggression and internal disturbance and to ensure that the Government of every state is carried on in accordance with the provisions of the Constitution. Article 360 states that when the President is satisfied that situation has arisen whereby the financial stability or credit of India or part of the territory thereof is threatened, he may make a declaration to that effect. The 44th Amendment makes Article 360 self contained. Such a Proclamation can be revoked or varied by the President by a subsequent Proclamation. But if the Lok Sabha is dissolved during that period of two months and resolution is approved by the Rajya Sabha, but not approved by the Lok Sabha the Proclamation shall cease to operate at the expiry of the thirty days a resolution approved by the Lok Sabha is passed by the Lok Sabha.[xv] During the period when such a proclamation is in operation, the executive power of the Central government shall extend to giving directions to any State specified in the direction and deemed necessary by the President for maintaining financial stability and the credit of the state. Such direction may include reduction of salaries and allowances including the judges of the Supreme Court and High Courts. The period of financial emergency will be in operation for two months and unless approved by President, it shall end at the expiry of the two months period. The Constitution of India is unique in respect that it contains a complete scheme for speedy readjustment of the peace time governmental machinery in movements of natural peril. The provisions may appear to be particularly in a Constitution which professes to be built upon an edifice of fundamental rights and democracy. But the provisions must be must be studied in the light of Indiaà ¢Ã¢â€š ¬Ã¢â€ž ¢s past history. India had her past glorious days whenever the Central power grew weak. It is far well that the Constitution guards against the forces of disintegration. Events may take place threatening the very existence of the State and if there are no safeguards against such eventualities, the State together with all that is desired to remain basic and innumerable will be swept away. ENDNOTES [i] Professor Narendra Kumar, Eight Edition, 2011, Constitutional a Law of India, Pages 972-973. [ii] Bhutnath v State of West Bengal, 1974 AIR 806, 1974 SCR (3) 315. [iii] Professor Narendra Kumar, Eight Edition, 2011, Constitutional a Law of India, Pages 975. [iv] Minerva Mills v Union of India Ors, 1980 AIR 1789, 1981 SCR(1)226. [v] S.R.Bommai v Union of India, 1994 AIR 1918. [vi] S.R.Bommai v Union of India, 1994 AIR 1918. [vii]Minerva Mills v Union of India Ors, 1980 AIR 1789, 1981 SCR(1)226. [viii] T.K.Tope , Constitutional Law of India, Third Edition, p. 1028. [ix] T.K.Tope , Constitutional Law of India, Third Edition, p. 1029. [x] T.K.Tope , Constitutional Law of India, Third Edition, p. 1029. [xi] S.R.Bommai v Union of India, 1994 AIR 1918. [xii] S.R.Bommai v Union of India, 1994 AIR 1918. [xiii] Dr.Subhash C. Kashyap, Constitutional Law of India, Article 226A-End, Evaluation, Review and Reforms. Volume 2, p.2228. [xiv] Dr.Subhash C. Kashyap, Constitutional Law of India, Article 226A-End, Evaluation, Review and Reforms. Volume 2, p.2229. [xv] Dr.J.N.Pandey, The Constitutional Law of India, 49th Edition, 2012, p775-778.

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Understanding the Background of Meeting at an Airport by...

It is possible to understand certain pieces of literature outside its historical context; however, it is more beneficial if the reader has background knowledge. Taha Muhammad Ali was a Palestinian poet that was born in 1931. He grew up in Saffuriya, Galilee which is located in the Middle East. Ali was self-taught through his readings of classical Arabic literature, American fiction, and English poetry. Ali then began to write poems in the 1970s. He wrote a poem entitled â€Å"Meeting at an Airport† which is based on his personal experiences. Without knowing his background information and history, it is unclear about what exactly is meant by this poem. This piece of literature elicits the sense of reconnection and the exact same feelings for each other just like the first time they met. In the poem, â€Å"Meeting at an Airport† written by Taha Muhammad Ali, historical context is needed to understand this piece because it emphasizes the theme, the purpose of the poem, an d establishes credibility (â€Å"Poetry Foundation†). When a reader grasps a theme throughout any piece of literature, he or she never clearly understands the intent without knowing where the theme came from. The theme that is portrayed in the poem is, often times reconnecting with a loved one cannot only bring happiness, but it can also bring sorrow. This theme was emphasized throughout the poem and without knowing the historical context of the poem, one could not necessarily understand where it came from. In the text it

Breach of Ethics for Home Department & Anor- myassignmenthelp

Question: Discuss about theBreach of Ethics for Home Department Anor. Answer: The relevant Act, regulation, common law principle and case law: Rules of Professional Conduct of the UK are the code of conduct for ethics that has been governing the rules of professional conduct. In B Anor V Secretary Of State For The Home Department Anor [2012] Ewhc 3770[1]it was held by the Court that an advocate is at the authority to carry on various ethical responsibilities in relation to practical law. It is essential on the part of the legal practitioner to divide the concerned ethical responsibilities that he is ought to provide to the Court and to his client. In case of breach of ethical obligations on the part of the advocate the client is at the authority to bring civil proceedings against him. For instance, an action for negligence can be bought against the legal practitioner for breach of ethics. In Orchard v S E Electricity Bd[1987] QB 565, 571[2] it was held that the there has been conflict of interests between the client and the legal practitioner. The legal practitioner is at the obligation to act in good faith by disclosing his interests associated with the matter. Therefore in the present scenario, it can be observed that Mr. Smith was negligent on his part as he did not attend the court proceedings on time and did not produce the relevant documents required for the purpose of the case. Mr. Smith even failed to attend the extensions. Therefore, it is obvious that the order was passed on the favor of Mr. Dan due to negligence on the part of Mr. Smith. Therefore, it can be advised to Mr. Smith that he should present an application to the High Court of FSM for further appeal. However, it can also be seen that there has been conflict of interests between Mr. Smith and his legal practitioner. Therefore, in such cases the legal practitioners are liable for breach of ethics on the part of their client. Therefore, in the present case study it can be stated that due to negligence on the part of Mr. Smith his solicitor Mr. Steele is also equally liable. Contravention of Legal Ethics: A professional code of legal ethics is written and is purely based on the nature of the profession. In this regard it is important on the part of the professionals to adhere of the specific requirements of such written professional code of legal ethics. The code of legal ethics can be breached in different ways however; the most important among them are as a result of conflict of interests, pressure of clients and confidentiality[3]. However, in the given case study it can be observed that a breach of legal ethics has taken place on the ground of conflict of interest. It is evident that a lawyer is bound to provide fiduciary duties to his client along with all the relevant responsibilities[4]. In this regard, the advocate should avoid conflict of interests which may arise between him and his client in the course of business. However, conflicts of interests usually arise when legal and disciplinary actions occur. In breach of ethics, conflict of interests can be resolved when both the client and the advocate works accordingly[5]. It is important on the part of both the client and the advocate to balance two different public interests. In this regard, the client must have confidence upon his lawyer and at the same time the advocate must have the freedom to give instructions to his client regarding the case. Role of the legal practitioner in order to avoid ethical contravention: It can be noted here that legal practitioners are at the responsibility to maintain the license in order to act according to the Rules of Professional Conduct of the UK. Since time immemorial, the Rules of Professional Conduct has been establishing appropriate standards of legal ethics in order to develop professional responsibility of the legal practitioners[6]. According to the Rules of Professional Conduct the solicitors are at the duty to avoid the most common breaches of legal ethics[7]. In this regard, it is worth noting that the legal practitioners should avoid negligence to the highest priority. However, in this regard it is important on the part of the attorneys to involve themselves in effective communication. It is essential that lawyers should bound themselves to reasonable contract and therefore is liable to keep their clients updated and well informed about the case involved by explaining each and every detail of the matter which would prove to be beneficial for the pur pose of their case. Secondly, it is crucial that advocates should maintain trust accounts of their clients in such a way so that they are distinct from their regular personal accounts. In case of violation on this part, the legal practitioners shall be equally liable. Thirdly, it is important that legal practitioners should act keeping in mind the principles of their profession. Solicitors should not mislead their clients and should not act fraudulently. Fourthly, legal practitioners are not acquainted with the power of malpractice. However, in some cases, such claims are often difficult to prove and the legal practitioners are at the risk to get sued on this ground if reasonable care is not taken in this regard. Therefore, it is worth mentioning that the person in dispute has an opportunity to bring a claim against the legal authority if there has been breach of legal ethics on the part of such authority. In this regard, it is noteworthy to mention here that in case of negligence, the immunity is an important exception where the liability is the rule as stated in Aib Group (Uk) Plc (Appellant) V Mark Redler Co Solicitors (Respondent) [2014] Uksc 58 - 05/11/14[8]. Therefore in the present scenario it can be stated that Mr. Steele could have avoided the contravention of legal ethics on his part by maintaining a proper communication with his client. He was at the duty to explain the provisions and the procedures involved in the matter directly to his client however; being a specialist in his field he failed to provide appropriate solution to his client. Duties of a legal practitioner on breach of legal ethics: It can be stated that since time immemorial, the profession of a legal practitioner has been defined as an honorable profession. The conduct of such legal practitioners is regulated by the legal profession by applying a set of binding rules. According to the Model Rules of Professional Conduct UK various rules are depicted in order to safeguard the rights of the legal practitioners in case of breach of legal ethics[9]. According to Rule 1 it is essential on the part of the legal practitioners to represent the cases of the clients with enthusiasm. Rule 2 denotes that lawyers have a social responsibility towards their clients and the court of justice in which the matter is operating. According to Rule 3 lawyers are required to explore their services by ensuring the ideals of justice. In this regard, Rule 4 states that legal practitioners working within firms are at the liability to uphold the integrity of their profession and therefore any misconduct in this regard shall be reported[10 ]. However, the Model Rules of Professional Conduct UK Rule 6 clearly addressed the importance of communication on the part of a legal practitioner regarding his services[11]. In the present case study it can be observed that Mr. Steele from the beginning informed Mr. Smith that he was in expert in dealing with cases regarding negligence. Therefore, it can be stated that Mr. Steele has provided wrong information regarding his services and thereby has committed misconduct on his part. In this regard, it is worth noting that Mr. Steele has violated the conduct of Rule 1 and Rule 7.1 of the Model Rules of Professional Conduct UK. In Harley v McDonald[12] it was held that negligence on the part of the legal practitioner by causing delay can result into professional misconduct. In this case it has held by the Court that negligence and delay can constitute professional misconduct and in some cases the reputation of such profession can be at stake. It was also held that acting with insufficien t knowledge can cause serious disrepute to the profession. According to the Model Code of Professional Conduct, on breach of ethical duties on the part of the legal practitioners it is believed that advocates are adequately knowledgeable and therefore possesses the capability to defend their clients under any circumstances. In this regard, it can be mentioned that the only breach of legal ethics that can occur on the part of the legal practitioners is regarding the overriding duties to the Court. However, such overriding duties have been interpreted by the Courts from time to time in a weak manner and therefore the codes of professional ethics are applied in cases where a legal practitioner acts dishonestly. Penalty imposed by the Courts: The national standards for ethical conduct governing legal practitioners have been first adopted by the American Bar Association in 1908[13]. In this context, Canon banned a number of legal practitioners from practicing law and at the same time cancelled their licenses. However, such provisions updated by the Canons were adopted by the Higher Courts of different states in order to control the professional conduct of legal practitioners. In this regard, it was ruled by the Court in Arthur Hall v Simons [2000] 3 WLR 543 [14] that it is unconstitutional on the part of the States to ban legal practitioners from practicing law and at the same time cancelling their licenses. It was held in this case that the states are not at the authority to impose ban on the advertisement of an advocate. However, few weeks after the decision a new set of rules was adopted by the Model Code of Professional Conduct which was earlier replaced on action of the Canons. It can be emphasized that since time imm emorial, legal practitioners have professionally trained themselves in the art of persuasion in order to provide efficient solution to the clients who need legal assistance[15]. It is worth mentioning that legal practitioners are at the liability to act in the best interests of their clients. The principle of honesty and integrity is followed by the legal professionals of all countries. The MBA Code has been allowing a legal professional to breach the confidentiality of a client for the purpose of collecting required fees[16]. However, in some states such provisions are defined to be illegal and therefore, the national codes states that it is the duty of a lawyer to act honestly and in the best interests of the clients. In the present scenario, it can be observed that Mr. Steel advertised to Mr. Smith that he is expert in his professional field and therefore he can provide him with appropriate solution. In this regard, it can be stated that Mr. Steele has caused misconduct of his profession by wrongly advertising his professional skills to Mr. Smith. Therefore, the Courts of Federal States of Micronesia are at the authority to cancel the license of Mr. Steele however, they cannot impose ban on the advertisement of his professional skills. References: Aib Group (Uk) Plc (Appellant) V Mark Redler Co Solicitors (Respondent) [2014] Uksc 58 - 05/11/14. Arthur Hall v Simons [2000] 3 WLR 543. B Anor V Secretary Of State For The Home Department Anor [2012] Ewhc 3770. Dellinger, Myanna. "Rethinking Force Majeure in Public International Law."Pace L. Rev.37 (2016): 455. Fortney, Susan Saab. "The Role of Ethics Audits in Improving Management Systems and Practices: An Empirical Examination of Management-Based Regulation of Law Firms.". Mary's J. on Legal Malpractice Ethics4 (2014): 112. Harley v McDonald PC 10 APR 2001. Harley V Mcdonald; Glasgow Harley (A Firm) V Mcdonald: Pc 10 Apr 2001. Hazelwood, Kristin J. "Technology and Client Communications: Preparing Law Students and New Lawyers to Make Choices That Comply with the Ethical Duties of Confidentiality, Competence, and Communication."Miss. LJ83 (2014): 245. Hill, Lousie Lark. "The Preclusion of Nonlawyer Ownership of Law Firms: Protecting the Interest of Clients of Protecting the Interest of Lawyers."Cap. UL Rev.42 (2014): 907. Houseman, Alan W. "To Establish Justice for All: The Past and Future of Civil Legal Aid in the United States." (2015): 325. Huang, Peter H. "How improving decision-making and mindfulness can improve legal ethics and professionalism."JL Bus. Ethics21 (2015): 35. Nersessian, David. "Business Lawyers as Worldwide Moral Gatekeepers: Legal Ethics and Human Rights in Global Corporate Practice."Geo. J. Legal Ethics28 (2015): 1135. Orchard v S E Electricity Bd [1987] QB 565, 571. Prentice, Robert A. "Behavioral ethics: Can it help lawyers (and others) be their best selves."Notre Dame JL Ethics Pub. Pol'y29 (2015): 35. Throop, C. Jason. "Moral moods."Ethos42.1 (2014): 65-83. Toohey, Timothy J. "Beyond Technophobia: Lawyers Ethical and Legal Obligations to Monitor Evolving Technology and Security Risks."Richmond Journal of Law Technology21.3 (2015): 9. Tuan, Nien-Tsu, and Corrinne Shaw. "Consideration of ethics in systemic thinking."Systemic Practice and Action Research29.1 (2016): 51-60.