Reforms in the Constitutional Reform Bill

Reforms in the Constitutional Reform Bill Will the reforms in the Constitutional Reform Bill achieve the aims set out in Lord Falconer’s statement of 26th January 2004? The Constitutional Reform Bill is the illegitimate progeny of the botched Cabinet reshuffle of June 2003 which led to the hasty removal of Lord Irvine and the appointment of Lord Falconer as Lord Chancellor with a mandate to abolish himself! Its principle limbs are: The abolition of the Judicial Committee of the House of Lords and its replacement by a new Supreme Court (separating Legislature and Executive); The establishment of a Judicial Appointments Commission to assume the functions of the Lord Chancellor in the appointment of judges (separating Judiciary and Executive) The abolition of the post of Lord Chancellor (separating Legislature, Executive and Judiciary). It is highly doubtful whether the proposed reforms will achieve Lord Falconer’s stated aims principally because the intended changes are susceptible to the colloquial criticism, â€Å"If it ain’t broke, don’t fix it!†. It has to be admitted that the current role of the House of Lords in the judicial process is an historical anomaly. The Judicial Committee is the ultimate appellate court in the UK and Commonwealth but it continues to sit in the Palace of Westminster. More controversially, its members remain an integral part of the second legislative chamber. This has led to the apparently plausible criticism that the arrangement represents a breach of the doctrine of separation of powers and gives rise to the populist criticism that the Law Lords are making laws which in their judicial capacity they will then have to interpret and enforce. In reality, their Lordships have proved to be scrupulous in refraining from debate where this is likely to generate a conflict of interest between their judicial and legislative roles. The Government’s stance is that complete separation between politicians and the judiciary is essential in order to maintain public trust and it is sought to emphasise this di vision by the relocation of the ultimate appeal court to a new and doubtless stratospherically expensive building. This is costly window dressing. Nowhere in the current debate is there any compelling evidence of public disquiet at a system that has endured without significant criticism of this type for centuries. Further, Lord Woolf, the most senior judge in England and Wales has condemned the proposal as exchanging a first class final appeals court for a second class supreme court. The Supreme Court of the USA is extolled as a role model but it is conveniently forgotten that the proposed UK Supreme Court would not possess the power of its transatlantic cousin to strike down legislation and will therefore be bereft of much of the influence of the latter. At best a great deal of money will be spent in replicating for all practical purposes the existing set-up. Far from endorsing the independence of the new court, Woolf fears that it will reduce the judiciary to â€Å"a department o f the Home Office† as a result of becoming answerable through the Department of Constitutional Affairs. This reform may be regarded as a product of the political dogma which dictates the dismantling at all costs of the ancient structure and operations of the House of Lords. The proposal to establish a Judicial Appointments Commission while not similarly politically motivated is equally flawed in its present form. Traditionally the Lord Chancellor is the head of the judiciary and responsible for the appointment and supervision of judges. Admittedly there has been criticism by the public and, in particular, members of the legal profession of the process of appointing High Court Judges with allegations of â€Å"secret files† and a lack of transparency in the recruitment process. It cannot be denied that the Lord Chancellor (at the very latest upon appointment) becomes a career politician with a seat in the Cabinet and thus at the very heart of the government of the day. While this is apparently unsatisfactory, criticisms of judicial appointments do not contain allegations that they are driven by party political considerations. This is in stark contrast to the position in the USA where appointments to the Supreme Court are in the gift of the Presiden t and there is intense interest in and scrutiny of the political composition of the court. In a lecture to the UCL Constitution Unit in November 2003, the Chairman of the Bar of England and Wales, Matthias Kelly, QC, expressed concern at the proposed operational structure of the Commission. He argued that it should be â€Å"a non-departmental public body with a supporting agency† accountable to Parliament for its activities but not specifically accountable for the selection of particular individuals. There is a danger that scrutiny of the activities of the Commission may become akin to unseemly American-style confirmation hearings. The DCA Consultation Paper, Constitutional reform: a new way of appointing judges, (July 2003) suggests that â€Å"the Commission should be a recommending Commission, putting up a short-list of candidates for appointment to the Secretary of State†. It is hard to understand how the involvement in this way of the Department of Constitutional A ffairs would assuage the supposed public concern at political involvement in the judicial appointment process. Every discussion of separation of powers in the UK constitution (Legislature, Judiciary and Executive) highlights the anomalous position of the Lord Chancellor who (with remarkable physiological ingenuity!) maintains a foot in all three camps. It has to be conceded that given the strict prohibition of judges holding party political affiliations, the sight of a member of the government of the day dispensing justice in the ultimate appellate court is incongruous. This is a major reason why it was proposed to replace the Lord Chancellor with a Secretary of State for Constitutional affairs and remove him from the House of Lords and, in particular, its judicial function. However, again the necessity for this is questionable. Even Lord Hailsham a thoroughly political animal appeared to manage appropriate detachment from the political imperatives of the day when giving judgment in the House of Lords. It now seems that we are to retain a Lord Chancellor but that he need not be a Law Lord o r even a lawyer. Enter a rehabilitated former Home Secretary perhaps? Bibliography BBC News, Lords Inflict Supreme Court Blow, 9 March 2004, www.news.bbc.co.uk BBC News, Q A: Supreme Court Row, 9 March 2004, www.news.bbc.co.uk Constitutional Reform Bill, www.publications.parliament.uk DCA, Constitutional Reform: a new way of appointing judges, July 2003 Elliott, C. Quinn, F., English Legal System, (4th Ed., 2002) Kelly, M., QC, Where are we heading with Constitutional Reform?, Lecture to UCL Constitution Unit, 18 November 2003 The Guardian, Q A: the constitutional reform bill, 8 March 2004 www.dca.gov.uk www.gnn.gov.uk 1

Political Philosophy and Major Theme Machiavelli Essay

Machiavelli had a true and abiding love for Florence. He wanted to make Florence great and also find himself a job, as he lost his when the Medici family came into power. He dedicated his book on political science, The Prince, to Lorenzo Medici in the hopes that Lorenzo would be impressed and offer him a job. However, Lorenzo ignored the book and Machiavelli. The Prince is a didactic examination of political power, how to achieve it, maintain it, and expand it. Machiavelli does not take into consideration what is morally right, or amoral, only what is useful and useless. The book is more like a technical manual, and technical manuals only state the facts. The book defines what turns a mere man into a great ruler and what turns a great ruler into a mere man. Machiavelli’s book of politics is unique because it is so realistic. He does not place man in a false utopia where man live in eternal peace and harmony, everyone doing good to one another for the good of the public whole. Rather, he writes a manual where there are political conflicts and tensions. Machiavelli writes how a prince should deal with these conflicts and tensions. He condones cruelty, punishment, religion, rewards, compassion, and integrity to achieve power. Whatever means to achieve the end. QUESTIONS 2. Discuss Machiavelli’s â€Å"heroes†. Select one and discuss the traits that he finds admirable in that person. Be specific. Machiavelli’s heroes are Moses, Cyrus, Romulus and Theseus. They all formed civilizations. When Machiavelli talks about his heroes he is speaking of how to acquire a princedom. As Isiah Berlin says in his essay, Machiavelli admired these heroes because they were high-minded, tough, and tough enough to use brutality against the few, to help the public good of the princedom. He especially admired Moses because he was worthy to talk to God. Moses had the opportunity to create a new civilization with the Israelites because they were being treated badly by the Pharaoh . Therefore, Moses took advantage of their discontent with their new master and led them in a revolt. Eventually creating a new civilization. Machiavelli admired Moses because of his strength of character that carried him through the difficult trouble of gaining power. 3. Discuss Machiavelli’s opinions on the uses of cruelty to accomplish certain goals. The Prince is about the ways to achieve political power, with no preference for the way in which it is achieved. Machiavelli does not advocate unnecessary cruelty. His book is only about how to obtain and keep a princedom. Machiavelli believes that cruelty is sometimes necessary to acquire or/and keep political power. Machiavelli recognized that in the time he lived a political ruler would have to use cruelty, he writes, â€Å"The new prince, above all princes, cannot possibly avoid the name of cruelty†. He also states in Chapter VIII that cruelty may be useful sometimes in achieving certain ends, but it would bring no glory. 1. What does Machiavelli think of â€Å"the people† in the course of human history? Machiavelli refers to â€Å"the people† as â€Å"the masses†, lots of times. He realizes that â€Å"the people† are a dominant force in politics, whether it is a democracy or a republic. When a princedom is added to an already established kingdom, he writes that the customs must be the same between the two and that no new taxes or laws should be enacted. To do so would cause the people to revolt and the recently acquired princedom would be in jeopardy. Machiavelli realizes a prince cannot keep political power if his people hate him. A hostile population may abandon him or turn against him when hostile noble attack, then the prince will lose the kingdom. Machievelli also believed that a prince may â€Å" make an example of a very few† be execution of severe punishment, but that letting the population bring disorder among themselves was bad for the whole community. Therefore, Machiavelli was wary of â€Å"mob rule†. Machiavelli realizes that â€Å"the people† have to be relatively happy for a princedom to be healthy. 4. In general, what is Machiavelli telling his â€Å"Prince† with regard to the use of power? Machiavelli’s entire book is about power. How to achieve a princedom with power. Power over â€Å"the people† with cruelty (or punishment); power over other princes with deceit or a bigger army or powerful friends; power over the army with cruelty and/or money. He speaks of control over captured cities by dividing them into factions, disarming the people or forming hostilities among the people. All of these things achieve power. A prince must also be more powerful than his counselors, listening and gleaning knowledge but making his own decisions; because a weak prince will do whatever his counselors tell him and then his counselors will take over the princedom. EVALUATION OF BOOK I think this is one of the most interesting books I’ve read in a while. It’s dry, realistic, terse, and to the point. It’s also very easy to read (I was pleasantly surprised). All of the historical connotations are especially interesting. I read that Hitler, Mussolini, and Lenin found Machiavelli valuable reading; I would like to delve more into that one!! In the Renaissance religion and learning were beginning to be thought of as separate and Machiavelli was a man of his time. His book was entirely didactic and did not have a trace of religion. He spoke of cruelty and deceit in matter-of-fact tones and kept his book strictly a manual, with no judgements. In our modern time, we have to discern his book in the same manner that he wrote it. If we do not, we will not understand what he was writing.

Project Management Recommendation Essay

Dear Mr. Gritsch: In continuation of your email dated February 10, 2014, I have completed analysis of three projects: Juniper, Palomino and Stargazer. The risk levels in Juniper, Palomino, and Stargazer are low, medium, and high respectively. It is in the best interest of Piper Industries Corporation to move forward with the Stargazer project. Stargazer is selected due to its feasibility and risk level. From market feasibility study, some strategic customers have already indicated interest in the product. Therefore, I would recommend that the board invest in the project, Stargazer; particularly because the company has already invested $450,000 and the ROI is very high. My feasibility study focused on Return on Investment (ROI), length of project, risk level and overall benefit to Piper Industries. See below for the results. Juniper: Return on Investment (ROI): 77% or $250,000 for a period of 2 to 3 years Length of project: Uncertain Risk of completion on time: Low Overall benefit: Enhancement of current product, increased product demand Palomino: Return on Investment (ROI): 69% or $450,000 for a period of 5 years Length of project: 7 Years Risk of completion on time: Medium Overall benefit: New product, use of existing technology, custom part, constant demand Stargazer: Return on Investment (ROI): 278% or $1,600,000 for a period of 3 years Length of project: 7 Years Risk of completion on time: High Overall benefit: Research & Development of a new product, market leader, project in-progress Five Phases of a Project: A project can have any number of phases depending on how you break it down. A project for land reclamation in dump site would probably have three phases such as: 1. Facility Decommissioning Phase 2. Waste removal phase 3. Landscaping Phase. While a project involving the building of a new factory may contain four phases such as: 1. Environmental Impact Assessment Phase 2. Design Phase 3. Construction Phase 4. Commissioning Phase. It is therefore assumed that what is been referred to here as five phases of a project is what is known in project management as process groups. The following phases / process groups will be used to complete the project: 1. Project conception and initiation The conception of the project is that the project is a new line widget product including enhancements through the use of existing technology. The initiation of this project will be upon the approval of the project by the CEO. 2. Project definition and planning Stage two of the project is making a project plan. The project plan will be completed by the project team with the consultation of the technicians and experts. The project plan will be in writing and will be well defined. 3. Project launch or execution The project plans and task will be discussed amongst all team members and the task will be divided among the project team. 4. Project performance and control The project manager will be the leader of the project. His or her task will be to monitor performance and control. All project team members are responsible in evaluating each other and helping the team to perform better together. 5. Project close The project will be closed only upon completion of the project, evaluation of the project, and client approval of the project. Key deliverables associated with the selected project: If after the Estimated Budget at Completion of $575,000 is spent and the  product is developed as specified in the project plan, then the project would have met the substantial product deliverable. Secondly, if the Piper Industries Corporation is able to deliver the product within 12 months, the company would have met the project schedule deliverable.

The Feminist Approach - 2232 Words

Feminist literary criticism is approach that is most concerned with the role of women within the context of literature. This includes how female characters are created and understood within any given text, in addition to the role of female authors and female readers. This paper shall focus on some of the theoretical concepts which have been contributed to the feminist literary discourse. It shall compare and contrast aspects of theory put forth by three prominent feminist critics, while also considering the arguments raised by three à ©criture feminine scholars. The feminist critics to be considered in this essay are Simone de Beauvoir, Elaine Showalter, Sandra Gilbert and Susan Gubar. Their arguments about the role of sexual difference,†¦show more content†¦Showalter also refers to this approach as â€Å"gynocritics†, appropriated from the French terminology â€Å"la gyncritique† (147). What this approach relies upon for its focus of analysis is the role wome n themselves play in the creation and understanding of literature. The focus then is upon literature created by women themselves, and is not limited in its analysis to female characters because of this. Showalter describes this approach as â€Å"more self-contained and experimental, with connections to other modes of new feminist research† (147). One of the majour goals in literary criticism that the gynocritic approach aims for is the creation of a specialized language unique to the criticism of female created literature. This is required, Showalter describes, in order to truly step away from the male-dominated rhetoric often associated and employed in the criticism otherwise. The third feminist critique to discuss is put forth by the theorists Sandra Gilbert and Susan Gubar, from their text, â€Å"The Madwoman in the Attic†. Within this text, Gilbert and Gubar discuss the phenomenon in male-authored texts of creating two very distinct binary roles which categorize th eir female characters. The female characters within these texts are either angels, so to speak, or monsters. As Gilbert and Gubar identify, for â€Å"every angelically selfless Snow White must beShow MoreRelatedFeminism : A Transnational Feminist Approach1433 Words   |  6 PagesThrough a Transnational Feminist Approach Aprosba, or the Association of Prostitutes of Bahia, situates itself as a safe haven and progressive output for the sex worker communities in the state of Salvador. As Erica Williams describes in her book, Sex Tourism in Bahia, Aprosba is an organization that embraces the need for greater rights and protection for female sex workers. 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