Continuing Professional Development

Question: Clarify about the Process Construction and Technical Services Pvt Ltd. Answer: Since my youth, I was consistently inquisitive about how things functioned. I had a partiality towards material science and arithmetic all through my school days. This intrigue persuaded me to take up Mechanical Engineering course at Toc H Institute of science and innovation which is associated to CUSAT (Cochin University of Science and Technology). The various subjects in the field bothered my enthusiasm for Mechanical subjects. Being a fervent admirer of the nature I needed to manage ventures which could diminish human exertion just as contamination. Accordingly my last year Project, WHAC - water radiator from forced air system won the best venture grant. Not long after finishing my degree I got a chance to encounter the working society of AUDI administration at Kochi. It was then that I chose to seek after my fantasies by joining Post advanced education course in Industrial Engineering and the board at Viswajyothi College of designing and innovation which is associated to M.G Univ ersity, Kerala. During this course I discovered the common presence of Engineering and the board for the fruitful result of an organization. As a feature of the last semester venture, I got a chance to chip away at the point improvement of turning parameters. After effectively finishing the venture I could distribute two worldwide diaries identified with the point advancement. During my Postgraduate days, I got a chance to visit and get preparing at Kochi Port Trust, Kerala for a time of a half year. This period gave me bits of knowledge on the various divisions at the port and their capacities. Following stage was to discover a stage where I could apply what I have realized back in school. I was lucky enough to be set in an EPC organization PCTS (Process Construction and Technical Services PvtLtd). PCTS is pioneer in seaward and coastal mechanical and electrical works. Mechanical works incorporate creation and erection of auxiliary, funneling and design modules. As indicated by the task prerequisite I have worked both in Offshore and coastal and increased adequate experience by associating with customers, investigating various situations and by the information gained from school. To improve my insight and limit the challenges, I went to a guaranteed seminar on Primavera P6 during work period. I am by and by adorning the job of arranging engineer for inland developments of oil head stage at LTHE yard, Surat, India. Course Title Course Description Setting and Location Term of the Course Entry level position Training In-plant preparing at Audi Kochi administration division Audi Kochi, Service division, Kochi twelfth March to 29th May 2012 Global Conference Ongoing Innovation in Technology Rajiv Gandhi Institute of Technology, Kottayam, India tenth to twelfth February 2013 National Conference Innovative Advancements in Power and Energy Amrita School of Engineering, Kollam, India fourth to sixth July 2013 Rudimentary First Aid, Proficiency in Survival Techniques, Fire Prevention and Fire Fighting STCW-95, (Standards of Training, Certification and Watchkeeping for Seafarers, Revision 1995) Indian National Database of Seafarers YAK Management Marine Education Center, Navi Mumbai, India 30th Julyto twelfth August 2014 Entry level position Training In-plant preparing at Kochi Port trust to study and experience the work culture and procedural capacities. Kochi Port Trust 24th Sept 2013 to fourth Feb 2014 Two International Journals distributed Worldwide diaries were distributed in IJEERT IJRAME on Optimization of turning parameters utilizing surface unpleasantness examination Viswajyothi College of Engineering Technology, Kerala sixth June 2015 Workshop Gone to a wellbeing course about Health Safety and Environment Yard 2 , LTHE Hazira, India nineteenth Oct 2015 Primavera P 6 MS Project Undertaking arranging Software Computer aided design community, Kochi, Kerala fifth March to 24th may 2016 AMAL GEORGE 38/554, Kakkatt House, Karithala Road, Near Malayala Manorama Jn Kochi-682016, Ernakulum, Kerala, India Contact: +919746263004, +919920723581 E-mail:amal88.george@gmail.com Vocation Objective To create me at proficient level in a place that requests the capacities and information on Industrial Engineering. To apply the instruments obtained all through my expert investigations and work understanding for the development of the organization and the general public. Profile Associate with the most recent information and strategies by qualifying Master of IndustrialEngineering Management qualification from Mahatma Gandhi University (MG University) Great abilities in pertinent programming, for example, primavera p6, MS venture Great abilities in pertinent Software application, for example, Auto scoundrel, M S Office ToolWord, Excel Undertakings Handled GSPC PROCESS PLATFORM PROJECT (September 2014 December 2014) (Gujarat State Petro net Corporation Offshore, Krishna Godavari Basin, Kakinada) Assignment : Execution Engineer Proprietor : Gujarat State Petro net Corporation Customer : LT Hydrocarbon Engineering Period : From October 2014 to December 2015 MHNRD-PHASE III (5 WELL HEAD PROCESS PLATFORM) (January 2015 Feb 2016)(LT Hydro Carbon Engineering, Modular Fabrication Facility Yard-2, Hazira, Surat,Gujarat) Assignment: Planning Engineer Proprietor : ONGC of India Customer : LTHE (LT) Period : From January 2015 to February 2016 BCPA3-(GTG PGC modules) (March 2016 Till date)(LT Hydro Carbon Engineering,Modular Fabrication Facility Yard-1, Hazira, Surat, Gujarat) Assignment: Planning Engineer Proprietor : ONGC of India Customer : LTHE (LT) Period : From March 2016 Till date Capability 4 Months (September 2014 December 2014) (PCTS Mumbai) of introduction to Construction, Installation, Hook-up and dispatching of Offshore Oil and Gas Platforms, Experienced in association for Piping, auxiliary mechanical acquirement, development testing at inland and having inside and out specialized information and involvement with execution of Piping and basic works completed at INDIAN seaward. Customer GSPC (GUJARAT STATE PETRONET CORPORATION)- Offshore Assignment Execution Engineer Task GSPC PLQP Brief Description Development of basic casings and subtleties for different adjustment of GSPC PLQP, Maintenance and Realignment of level checks including protection works at GSPC Platform Offshore, Kakinada, Krishna Godavari Basin 1 Year (Jan 2015 Till date) Customer LTHE (LT Hydro Carbon Engineering),Onshore, Modular creation facility,yard-2 Assignment Arranging Engineer Venture MHNRD-PHASE III (5 WELL HEAD PROCESS PLATFORM) Brief Description Inland Construction of auxiliary and establishment of pipeline and other hardware of MHNRD-PHASE III (5 WELL HEAD PROCESS PLATFORM) at LT Hydrocarbon Engineering, Hazira, Surat, Gujarat 2 months (March 2016 Till date) Customer LTHE (LT Hydro Carbon Engineering),Onshore, Modular manufacture facility,yard-2 Assignment Arranging Engineer Venture BCPA3 GTG PGC MODULES Brief Description Inland Construction of auxiliary and establishment of pipeline and other hardware of MHNRD-PHASE III (5 WELL HEAD PROCESS PLATFORM) at LT Hydrocarbon Engineering, Hazira, Surat, Gujarat Work Experience Procedure CONSTRUCTION AND TECHNICAL SERVICES Ltd. (2014 Aug - Till date) ISO 9001:2008/OSHA 18001:2007 confirmed ASME UR Stamp Qualified organization.NaviMumbai, India Arranging Engineer Co-appointment with Design, Planning, Fabrication and QA/QC Planning of day by day, week after week and month to month plans for the fruitful finishing of Projects Planning of day by day, Weekly and Monthly advancement report arrangement Completed manufacture as per the shop drawings gave by the customers Completed punch point freedom (Structural). Controlling labor and material. Arrangement of month to month charges as per the occupations completed Material assessment according to the worldwide principles ASME, ASTM Pre-seaward exercises like Scope of work, Job card arrangement, Physical confirmation of all seaward establishment materials, for example, channeling spools, supports, structures and planning of legitimate pressing rundown. Confirmations Won best task grant for B-Tech Project - WHAC (Water Heater from Air Conditioner) during the year 2011. PST, PSSR, FPFF, EFA and HUET. These STCW courses are set out the necessities of Directorate General of Shipping in India Guaranteed course in PRIMEVER P6 from CADD CENTER Mechanical Exposure a half year in plant preparing at Cochin port trust Acquaintance of different elements of various offices has been concentrated in detail. The individual meeting with the various authorities and laborers made me mindful of the significance of correspondence and impact of composed endeavors to accomplish the authoritative objective. The useful issue in working of an organization like force disappointment, changes in the board strategies, rivalries and so forth were examined. The various methodologies of the administrator to the laborers are viewed as an exchange off among definitive and affiliative styles. 3 months in plant preparing at AUDI Kochi Contemplated the authoritative structure and the jobs of every division towards achieving organization objectives Worldwide Journals Published SL NO TITLE OF JOURNAL Diary NAME VOL,ISSUE MONTH PAGES 1 Improvement of turning parameters with carbide instrument for surface unpleasantness examination utilizing reaction surface philosophy Worldwide diary of research in aeronautical and mechanical engineering(IJRAME) 2,6 6-Jun 17-27 2 Improvement of turning parameters with carbide device for sur

Ethics Case Study Example | Topics and Well Written Essays - 250 words - 2

Morals - Case Study Example The issues morals for these accountants’ suits keeping up precise subtleties of organization assets, liabilities and furthermore benefits without surrendering to the requests put on them by overseeing office or officials in a corporate, unsavory bookkeeper may potentially and effectively modify a company’s’ money related report and change numbers to paint counterfeit picture of the company’s triumphs. This may result to momentary success, however modified reports at last bring the destruction of any organizations at whatever point the Exchange Commission and Securities finds the misrepresentation. The impact of voracity in the fund world and any business prompts shaving moral impediments and stepping in shields for the sake of producing cash. A record may never allow the longing to get by and acquire more riches disrupt the general flow by guaranteeing that he/she follows moral systems or rules for monetary announcing (Moore 23). An official or other corporate official may demand a bookkeeper to skip or forget about certain financial figures from a monetary record with the goal that they may paint the business in a horrendous light to in spite of the business speculators and open. Bill should report this to the customer and teach the customer to decline the introduced work papers introduced to him for they don't give a valid and reasonable perspective on the inconsistency that bill had run over (Moore 33). As per AICPA the exhibition of any master administration, a part will maintain honesty and objectivity, will consistently be freed from irreconcilable circumstance, and will not deliberately distort data or offer their judgment to anybody. Any part will consistently be thought to have intentionally distorted specifics in encroachment rule 102 of the set of principles of AICPA, when he/she deliberately grant, make or guides another part to make, significantly false and misdirecting

Civil And Divine Law

Common And Divine Law-antigone Essay Amanda SadowskiPeriod ThreeSeptember 15, 1999The Clash Between Civil and Divine LawCharles Dickens once stated, The law is an ass. In spite of the fact that from the outset, it appears to be brutal and extremely abnormal, the more profound importance is one that is an ideal outline of the Greek disaster Antigone. The significance of an ass, is a difficult, tenacious, unreasonable, undaunted creature. All through Antigone, the characters must arrangement with the conflict among Civil and Divine law. They battle to find what is genuinely good and bad, great and terrible. At long last, they are compelled to make the qualification with respect to which will be which. In Sophocles Antigone, Civil and Divine Law both have ass-like characteristics. The choice by each character for what is generally critical to them, decides their destiny and fate. Antigone immovably accepted that Divine law was undeniably progressively better than Civil Law in all regards. To her, the divine beings decided her destiny totally. Complying with the divine beings was increasingly critical to complying with the administration. I realize I am satisfying those I ought to satisfy most. (Line 103) She decided to cover her sibling Polynieces, however she realized that in doing so she would confront her own unavoidable passing since King Creon preclude it. As per the Divine law, the dead need to have an appropriate entombment so as to make the excursion to the black market. Antigone would not release her sibling without it. Antigone said of Creon, It isn't for him to keep me from my own. (Line 54) Antigone is glad for her activities and even in the blink of an eye before her demise she realizes she settled on the correct decision. Her demise was a reasonable exchange for the equity of her sibling. So for such appointed authorities so. (Lines 509-514) Unl ike Creons laws, Antigone competed for adoration not abhor. Through picking the Divine law over Civil law, Antigone additionally picked demise. Haemon, child of Creon, and his mom Eurydices, removed their lives because of the conflict among Divine and Civil law. Haemon felt common law was significant on the grounds that it was his dads law and he regarded his dads convictions. From the outset, he concurred with the discipline of death for (his prospective spouse) Antigone. No marriageyour administration. (Lines 690-691) But Haemon likewise esteemed the Divine law emphatically and felt sympathy for Antigone and her fearless activities. He tells his dad that only he can't control everything. There is noone man as it were. (Lines 798-799) Haemon hints, mentioning to his dad what is yet to come if something doesn't change. At that point she should bite the dust and passing on annihilate another. (Line 813) Haemon ended his life in the wake of seeing his poor spouse dead, and Eurydice did likewise in the wake of seeing her children passing. The law in the end decided the destiny of both Haemon and Eurydice both. The Sentry and Ismene were not as brutally influenced by the destiny of the law the same number of others. The two of them assumed jobs which constrained them to settle on choices between their estimations of Divine and Civil laws. The Sentry initially found that somebody had offered internment to Polynidies and needed to conclude whether to disclose to King Creon of this and comply with the Civil law, or worth his Divine law and let the best possible entombment be given. He told Creon of the wrongdoing, and however he had not performed it, the King made a decision about him as if he had. He himself would confront the outcome of death except if he found the genuine lawbreaker. He discovered Antigone, and was sans let. Ismene additionally picked the Civil law over Divine. Ismene would not help Antigone in the entombment of their sibling since it was against the Kings rule. You are so obstinate. Creon has illegal it. (Line 53) Ismene observes the Divine law and acknowledges what is rea lly the proper activity however she doesnt follow her heart. I do indeedis not reasonable. (Lines 74-78) By observing the Civil law, Ismene and the Sentrys lives were spared. .udad06f4e1082b4d0caa9227d98a4a793 , .udad06f4e1082b4d0caa9227d98a4a793 .postImageUrl , .udad06f4e1082b4d0caa9227d98a4a793 .focused content zone { min-stature: 80px; position: relative; } .udad06f4e1082b4d0caa9227d98a4a793 , .udad06f4e1082b4d0caa9227d98a4a793:hover , .udad06f4e1082b4d0caa9227d98a4a793:visited , .udad06f4e1082b4d0caa9227d98a4a793:active { border:0!important; } .udad06f4e1082b4d0caa9227d98a4a793 .clearfix:after { content: ; show: table; clear: both; } .udad06f4e1082b4d0caa9227d98a4a793 { show: square; change: foundation shading 250ms; webkit-progress: foundation shading 250ms; width: 100%; mistiness: 1; progress: haziness 250ms; webkit-change: darkness 250ms; foundation shading: #95A5A6; } .udad06f4e1082b4d0caa9227d98a4a793:active , .udad06f4e1082b4d0caa9227d98a4a793:hover { murkiness: 1; change: obscurity 250ms; webkit-progress: haziness 250ms; foundation shading: #2C3E50; } .udad06f4e1082b4d0caa9227d98a4a793 .focused content zone { width: 100%; position: relative; } .udad06f4e1082b4d0caa9227d98a4a793 .ctaText { outskirt base: 0 strong #fff; shading: #2980B9; text dimension: 16px; textual style weight: intense; edge: 0; cushioning: 0; content improvement: underline; } .udad06f4e1082b4d0caa9227d98a4a793 .postTitle { shading: #FFFFFF; text dimension: 16px; textual style weight: 600; edge: 0; cushioning: 0; width: 100%; } .udad06f4e1082b4d0caa9227d98a4a793 .ctaButton { foundation shading: #7F8C8D!important; shading: #2980B9; fringe: none; fringe sweep: 3px; box-shadow: none; text dimension: 14px; textual style weight: striking; line-tallness: 26px; moz-fringe span: 3px; content adjust: focus; content embellishment: none; content shadow: none; width: 80px; min-stature: 80px; foundation: url(https://artscolumbia.org/wp-content/modules/intelly-related-posts/resources/pictures/basic arrow.png)no-rehash; position: total; right: 0; top: 0; } .udad06f4e1082b4d0caa9227d98a4a793:hover .ctaButton { foundation shading: #34495E!important; } .udad06f4e1082b4d0c aa9227d98a4a793 .focused content { show: table; stature: 80px; cushioning left: 18px; top: 0; } .udad06f4e1082b4d0caa9227d98a4a793-content { show: table-cell; edge: 0; cushioning: 0; cushioning right: 108px; position: relative; vertical-adjust: center; width: 100%; } .udad06f4e1082b4d0caa9227d98a4a793:after { content: ; show: square; clear: both; } READ: Scarlet Letter Essay QuestionsKing Creon was the most influenced by his choice on what was good and bad. He felt that the Civil law was undeniably progressively significant and better than Divine law. The greater part of the explanation he felt along these lines, depended on the way this was his very own law which he held over the land. He made the standards for the individuals to follow however he himself was not liable to obey them. Creon couldn't deal with being under the law of a higher being than himself. He put together the entirety of his choices with respect to what was politely right and accepted he was in every case right. Truly, my sonfathers choice. (Lines692-694) The King never observed how his activities had an effect on his life and everyone around him. He never tuned in to what others needed to state and would not do as such. In his judgment of Antigone, the King didnt show any sympathy for what she accomplished for her sibling, however he realized it was genuinely the beneficial activity. By adhering to his law and condemning her to death, he likewise caused the inevitable demise of his child Haemon, and his better half Eurydice. It was not until after he had lost so a lot, that he understood what made a difference most. Lead me away upon me. (Lines 1413-1419) The Divine law had an incredibly solid impact on King Creon and his life. There is one point in everyones life, where you should make the differentiation among good and bad, or Civil and Divine. More often than not the choice won't be sufficiently significant to decide your destiny, as it accomplished for Antigone, Creon, and numerous others, yet regardless of what there will be an eventual outcome. It is dependent upon you to make the best choice and always remember about the impacts it will have on people around you. A fine harmony between what is Civil and what is Divine is the most secure approach to hold your convictions. As the chorale stated, Wisdom is farage instruct astuteness. (Lines 1420-1424) English

Strategy to gain a competitive advantage through managing cultural diversity within a service sector organization

Presentation In his meaning of administration industry, Punia (2005) clarifies that â€Å"the administration division produces â€Å"intangible† products, some notable government, wellbeing, instruction, and business administrations and some very new-current correspondences, data, and business services†. This industry is among those with the most significant levels of development and extension. Like Othman (2011) notes, â€Å"everything that develops likewise changes its structure†.Advertising We will compose a custom report test on Strategy to increase an upper hand through overseeing social assorted variety inside a help part association explicitly for you for just $16.05 $11/page Learn More A developing economy and rivalry in the administration division implies that administration, patterns, human asset needs and different regions in the business are continually acclimating to oblige the changes. Different needs in the administration area implies that most ass ociations can't fulfill their human asset needs from one market. Thus, enlistments are done from various markets and areas. Human asset the executives is in this manner not, at this point a simple assignment for the associations in the administration business (World Bank, n.d). It requires an exact ability to suit individuals with various social foundations, and convert the distinctions to a significant resource. Indeed, even as this occurs in the business, â€Å"each individual, regardless of foundation and setting, needs to be esteemed for what they can bring to an organization† (Smircich, 1983). The should be esteemed is imparted in each individual. Maybe that is the reason Barnard and Ronald (2000) contend that â€Å"it is this human-craving to be esteemed that drives the positive force that social assorted variety can bring to the workplace†. While trying to do this, it is prominent that overseeing workforce decent variety can be an intricate assignment for some a ssociations in the administration business. Despite developing assorted variety in the part, associations need to conquer conventional propensities and suspicions to guarantee the accepted procedures are actualized. Social decent variety in an association can show itself in the accompanying manners: Problem-tackling style National culture Ethics Attitude towards issues and openings Embracing change Embracing innovation The job of human asset the board As Bratton and Gold (2003) clarify, â€Å"human assets the executives is the capacity in an association accused of the obligation of actualizing arrangements and techniques identified with the board of people who include the work power of an organization†. Without a steady, all around bolstered and well prepared human asset supervisory group, costly speculations and imaginative thoughts in the administration business may not yield any results.Advertising Looking for report on business financial aspects? How about we check whethe r we can support you! Get your first paper with 15% OFF Learn More Furthermore, for a company’s HRM endeavors to pay returns, â€Å"the human asset office must adjust the flexibly of gifted and qualified people and abilities of the workforce with the organization’s plans to expand yield and secure future success† (McNamara, 2009). Its capacities and procedures must be performed and executed viably and practically for it to manage any important outcomes. A similar creator clarifies that â€Å"successful associations are those which are versatile, strong, speedy to change headings, and client centered† (Frame, 2003). The workplace in the administration segment today is continually changing and requests key arranging and association. Individuals in a business are a key determinant of how fruitful it will be and to what extent it will last. As the work markets get increasingly serious, and the requirement for ability turns out to be progressively clear for id eal execution, human asset administrators are confronting significant difficulties as they attempt to get the best in the market, hold them and guarantee they have predictable execution. Techniques that make an upper hand Managing the distinctions Several difficulties emerge when individuals from various foundations with various methods of getting things done and identifying with individuals meet up. Albrecht (2001) enables the peruser to comprehend by clarifying that â€Å"challenges emerging remember rightness for struggle where decisions are produced using our childhood, our history, conditions and our religion, race, convictions and social alignment†. There are likewise pushes brought about by conventional practices, assorted variety in values, shifting translations of different happenings, just as the ordinary clashes emerging from conniving and other negative behavior patterns at the working environment. In the administration business, an upper hand is foremost for a bu siness to make due in the exceptionally serious industry. To create one, a business must discover significant answers for these difficulties. One route through which these distinctions can be overseen is by creating and receiving acknowledgment and a comprehension of assorted variety (Baumuller, 2007). This permits everybody in the association to experience and work in an amicable domain. They can likewise explained by helping representatives comprehend why they have met up and what they have to achieve. Building up a typical group based crucial one method of doing this.Advertising We will compose a custom report test on Strategy to increase an upper hand through overseeing social assorted variety inside an assistance segment association explicitly for you for just $16.05 $11/page Learn More Regular gatherings to clear past gathering or individual contrasts is additionally a critical method of empowering concordance and relinquishing any ill will that might be developing. An associa tion can even go further and have workers consent to arrangements and responsibilities to regard everybody paying little heed to their social foundations. Data and foundation the board Information the executives is a test when managing a group of individuals from everywhere throughout the globe. Mechanical advancements, for example, Human Resource Management Systems have made it simple for associations to deal with HR data. Such frameworks additionally highlight work force organization, hierarchical administration, mechanical administration and labor the board. They are apparatuses towards comprehension employees’ foundation in what the association is engaged with. For worldwide companies, their group could be from everywhere throughout the globe. It is significant that their experiences are researched and past experience comprehended. Data the executives is along these lines central to guarantee that workers don’t endure harming society stun by presented to amazingly new sorts of treatment. For instance, representatives from Muslim nations may expect that an organization gives a private space to supplication hours as it is the situation in many organizations in the Middle East. A representative from the west may think that its difficult to adapt to an increasingly moderate clothing standard on the off chance that they are working for an association in the more strict country. When settling on choices of what ought to be accessible for representatives, how they should dress and how they ought to act at work, it is significant for a business to comprehend their experiences and think of gauges that suit everybody. Consequently, approaching and overseeing data about employees’ foundation is foremost. Correspondence Gaining upper hand has become a significant test for associations in the administration business today. As business sectors get bigger and increasingly serious, key human asset the board is a key formula while figuring successful s trategies.Advertising Searching for report on business financial matters? How about we check whether we can support you! Get your first paper with 15% OFF Find out More Bosses must have the option to build up what works in their human asset the board endeavors and what doesn’t, to take out those techniques that sit around idly and cost the business. This can be a lot simpler when an association has increasingly open correspondence channels accessible for their representatives. It is important that an association makes it totally simple for representatives to impart any uneasiness. Overseeing social decent variety will sound good to an association that permits representatives to communicate their sentiments unreservedly (Marchington and Adrian, 2005). The road ought to be open for all points and issues that influence them. This should incorporate delicate issues, for example, conflicts with the official and friends arrangements. While a few people might be preservationist where dangers are concerned, some are intense and will face greater challenges. It is along these lines principal that an association comprehends this before building groups and assembling individuals for errands. Permitting them to impart is the best way to comprehend their social shortcomings and qualities. Language obstructions ought to likewise be routed to guarantee everybody can speak with one another successfully. Inspiration and control Motivation and order can be accomplished by ensuring that everyone’s contrasts are treated as a resource for an association. Condemning representatives since they dislike every other person empowers falsification and demoralizes transparency. It might make hatred among workers who feel looked downward on. Like Syed and Mustafa (2010) clarify, there can never be achievement in a group when individuals don’t have each other’s eventual benefits on the most fundamental level. It is additionally impractical when individuals are endeavoring to cut each other down. Such negative happenings happen when an association is particular when offering recognition or praises. Inspiration and order will be ac complished when an association embraces a culture of gratefulness and settlement among its workers. Each individual from the association ought to be prepared to acknowledge contrasts, just as distinguish the distinctions among their partners and discover methods of placing them into utilization in differe

Responding to Coursework Questions - 275 Words

Responding to Coursework Questions (Coursework Sample) Content: SociologyName:Institution:Unprotected sex is a rampant behavior among US teens and teens throughout the world. The rate of teen pregnancies has increased. More young girls are becoming mothers, and boys are becoming young fathers. The question here is these young boys and girls aware of the consequences of engaging in sexual intercourse before engaging in it? Being sexually activity demands a high level of responsibility because the aftermath of the act. The society lays the blame on parents and guardians. What the society does not understand is that many of these teens defy the advice from parents and follow their adolescent opinions. This is where the education sector should come in. Teachers are known to be the best advisors since they can discuss the topic on sex without shame or fear. To reduce the rate of teenage pregnancies, sex education should be accommodated in primary, middle and high school curriculum (David, 2002). Teens will receive information on sexua l intercourse and its consequences. Therefore, they will shun from it or be prepared the consequences.Bullying due to perceived sexual orientation is frequent among school-age youths. Gays, bisexuals, lesbians, and transgender, are vulnerable to bullying. As such, many of them struggle with issues of self-esteem and identity (Lee, Jeff, 2007). Discrimination based on sexual orientation is wrong and unlawful. Measures should be established to diminish it to diminish this malice, I would initiate harm-reduction and bully-prevention programs to address bullying based on sexual orientation. These programs would offer counseling and support to the sexually discriminated and ensure that the school environment is conducive to learning. I will also encourage victims discriminated against sexual orientation to report such incidents to the administration.For those in the workplace and other areas, I would encourage them to acquire advice from gay rights organization in case they are discri minated. It is also crucial to talk to the organization that discriminated or make a written complaint to the organization. Most importantly, I would sensitize the discriminated individuals to complain to the office of the ombudsman. Every public department, health authorities, and other societies have the office of the ombudsman where people can file their complaints (Lee, Jeff, 2007). Most importantly, since many people fear to disclose their gender and hence fail to report, I would organize campaigns from one place to another and through the media. I would educate people that we are all equal despite our genders and that the gay, lesbians and transgender have equal rights with the others.The formation of anti-female discrimination was seen as the start of male discrimination. The society focused more on the well-being of the woman and forgot about the man as well as the boy child (Benatar, 2012). However, anti-male discrimination movement continues to grow and progress each day to fight for their natural rights as men. Men have now come out to fight against the women. However, the claim is refuted because society still thinks that there is no discrimination against men and that women are more vulnerable them. Anti-m...

Proving the guilt of murder - Free Essay Example

Question 1 Amina may be guilty of the murder of Yasin and Khadija. Khadija To establish a case of murder, the prosecution must prove (1) that the unlawful death of Khadija was caused by an act (or omission)[1] of Amina; and (2) that Amina did that act (or omitted to act) with malice aforethought[2], whether express or implied[3]. So far as causation is concerned, in the context of homicide offences, this simply means that Khadijaà ¢Ã¢â€š ¬Ã¢â€ž ¢s death was accelerated by Aminaà ¢Ã¢â€š ¬Ã¢â€ž ¢s actions[4]. The burden of proving that Amina is guilty remains on the prosecution throughout the trial and unless Amina wishes to raise a special defence of insanity or diminished responsibility (discussed later) she will at no point be required to establish any defence, or partial defence, to the charge[5]. The à ¢Ã¢â€š ¬Ã‹Å"malice aforethoughtà ¢Ã¢â€š ¬Ã¢â€ž ¢, which is the à ¢Ã¢â€š ¬Ã‹Å"mentalà ¢Ã¢â€š ¬Ã¢â€ž ¢ element of murder, may either consist of an intention to kill unlawfully (express malice) or an intention to cause grievous bodily harm, i.e. really serious harm[6], unlawfully (implied malice)[7]. It is not sufficient for the finding of intent that Khadijaà ¢Ã¢â€š ¬Ã¢â€ž ¢s death was a natural and probable consequence of Aminaà ¢Ã¢â€š ¬Ã¢â€ž ¢s action; the relevant question is whether Amina did intend or foresee Khadijaà ¢Ã¢â€š ¬Ã¢â€ž ¢s death (or the fact that Khadija would sustain grievous bodily harm), à ¢Ã¢â€š ¬Ã…“by reference to all the evidence, drawing such inferences from the evidence as may be proper in the circumstancesà ¢Ã¢â€š ¬Ã‚ [8]. The fact that Amina foresaw that Khadija would die or sustain grevious bodily harm from the multiple stab wounds is not conclusive evidence of intention but is a relevant factor to be taken into consideration[9]. Neither is the fact that Khadijaà ¢Ã¢â€š ¬Ã¢â€ž ¢s death was a virtually certain result of Aminaà ¢Ã¢â€š ¬Ã¢â€ž ¢s actions conclusive; although the greater the probability of a consequence, the more likely it is that it was foreseen and, if that consequence w as foreseen, the more likely it is that it was also intended[10]. On the facts, it would seem that Amina would be found guilty of Khadijaà ¢Ã¢â€š ¬Ã¢â€ž ¢s death. The act of stabbing Khadija à ¢Ã¢â€š ¬Ã‹Å"acceleratedà ¢Ã¢â€š ¬Ã¢â€ž ¢ her death, and although the finding of intent will be a matter for the jury, it is clear that Khadija would die or at least sustain à ¢Ã¢â€š ¬Ã‹Å"very serious harmà ¢Ã¢â€š ¬Ã¢â€ž ¢ from being stabbed multiple times; it is highly likely therefore that the jury would rule that this was foreseen and therefore intended[11]. Yasin The first element to be proved to establish the offence of murder is to show that the unlawful death of Yasin was à ¢Ã¢â€š ¬Ã‹Å"causedà ¢Ã¢â€š ¬Ã¢â€ž ¢ by Aminaà ¢Ã¢â€š ¬Ã¢â€ž ¢s act of stabbing Yasin in the stomach once using a bread knife. Although there is the later issue of Jakeà ¢Ã¢â€š ¬Ã¢â€ž ¢s negligent treatment, it is certain that but for Aminaà ¢Ã¢â€š ¬Ã¢â€ž ¢s act, Yasin would not have died. Aminaà ¢Ã¢â€š ¬Ã¢â€ž ¢s conduct does not have to be the sole or the effective cause of Yasinà ¢Ã¢â€š ¬Ã¢â€ž ¢s death: it will be sufficient that it is a cause à ¢Ã¢â€š ¬Ã…“which cannot be dismissed as minimal or as slight or triflingà ¢Ã¢â€š ¬Ã‚ [12]. So far as Yasinà ¢Ã¢â€š ¬Ã¢â€ž ¢s death is concerned, there may be two or more independent operative causes, and any person whose conduct constitutes a substantial (more than minimal) cause may be convicted of an offence in respect of his death[13]. We are told that, during the operation to save Yasins life, Jake, the an aesthetist, who was newly qualified, did not realise that the tube supplying oxygen to Yasin had become detached and Yasin died. Amina could argue that the chain of causation was broken by Jakeà ¢Ã¢â€š ¬Ã¢â€ž ¢s actions, using R v Jordan (1956)[14] as an authority, which decided that if medical treatment received was the sole cause of death, and was grossly negligent, the chain would be broken. However, there are cases that since suggest the argument in Jordan will be very difficult to use. For example, in R v Smith (1959)[15], the defendant stabbed the victim in a brawl and en route to the medical orderly, the victim was dropped twice; the medical orderly then failed to diagnose the full extent of his wounds. The victim died, but the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s conviction for murder was upheld as the wound was still an operating cause of death and so the chain of causation was not broken. Similarly, in R v Mellor (1996)[16], the appelantà ¢Ã¢â€š ¬Ã¢â€ž ¢s argument that the subst antial cause of death was the failure of the medical staff at the hospital to administer sufficient oxygen to the victim failed, on the basis that, per Schiemann LJ, there was no onus on the Crown to prove that any supervening cause, such as medical treatment, was not a substantial cause of death. In R v Cheshire (1991)[17], Bedlam LJ stated: à ¢Ã¢â€š ¬Ã…“It will only be in the most extraordinary and unusual case that such treatment can be said to be so independent of the acts of the accused that it could be regarded in law as the cause of the victimà ¢Ã¢â€š ¬Ã¢â€ž ¢s death to the exclusion of the accusedà ¢Ã¢â€š ¬Ã¢â€ž ¢s actà ¢Ã¢â€š ¬Ã‚ . In every case, it is a question of fact and degree, and is for the jury to decide, having regard to the gravity of the supervening event, and to whether the injuries inflicted by the defendant are a significant cause of death[18]. Although the medical treatment Yasin received was incompetent, therefore, Amina would still be guilty of mu rder if the wound was the operating and substantial cause of death. We are told that Yasin required life saving treatment and so we can assume this is the case. It will also be necessary to establish that the requisite mens rea existed; Amina must have either intended to kill Yasin, or intended to cause grievous bodily harm, i.e. really serious harm[19]. As for Khadija, it is not sufficient for the finding of intent that Yasinà ¢Ã¢â€š ¬Ã¢â€ž ¢s death was a natural and probable consequence of Aminaà ¢Ã¢â€š ¬Ã¢â€ž ¢s action; the relevant question is whether Amina did intend or foresee Yasinà ¢Ã¢â€š ¬Ã¢â€ž ¢s death (or the fact that Yasin would sustain grievous bodily harm). As for Khadija, the fact that Amina foresaw that Yasin would die or sustain grievous bodily harm from the stab wound to the stomach is not conclusive evidence of intention but is a relevant factor[20]. Of note here, Amina only stabs Yasin once, whereas she stabs Khadija several times à ¢Ã¢â€š ¬Ã¢â‚¬Å" this c ould perhaps indicate that she doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t intend to kill Yasin. However, it is virtually certain that Yasin would sustain grevious bodily harm from such an attack, which is all that is required for the mens rea of murder, and so it is likely to be regarded as foreseen, and therefore intended[21]. It is likely therefore that Amina will be found guilty of the murder of Yasin. Defences Provocation If Amina successfully raises the defence of provocation, this may reduce a charge of murder to one of manslaughter. The test of whether the defence of provocation is entitled to succeed is a dual one. The alleged conduct causing the provocation must (i) actually cause à ¢Ã¢â€š ¬Ã…“a sudden and temporary loss of self controlà ¢Ã¢â€š ¬Ã‚  making the defendant so subject to passion that he is not the master of his hand (the subjective test); and (ii) the provocation must be sufficient to make a reasonable man do as the defendant did (the objective test). Provocation may consist of things done or said, or both, and the question as to whether this was enough to make a reasonable man do as he did is one for the jury, taking into account everything both done and said according to the effect which, in the jurys opinion, it would have on a reasonable man[22]. The facts state that Amina found Yasin in their bedroom asleep, with another woman, Khadija, lying beside him. Of note, anyth ing can amount to provocation and so this conduct will suffice[23]. Amina goes downstairs, picks up a bread-knife, returns to the bedroom and stabs Yasin and then Khadija. The time elapsing between the provocation and the killing is relatively short[24], which suggests that there indeed was a sudden temporary loss of control. To satisfy the objective stage, it is necessary to show that a reasonable person would have reacted the same way as Amina did, and the key decision in this area is R v Smith (Morgan) (2000) 4 All ER 289. Aminaà ¢Ã¢â€š ¬Ã¢â€ž ¢s characteristics can be taken into account as with regards to the gravity of the provocation and degree of self control expected. Presumably characteristics such as the repeated beatings that Amina has endured could be taken into account as a factor in explaining why Amina reacted so violently to the situation. The test requires that the jury ask whether Amina exercised what was reasonable self control for her. Jealously alone should not be taken into account[25], but Yasinà ¢Ã¢â€š ¬Ã¢â€ž ¢s repeated beatings may be a factor. Previous cases show that if the defendant has endured abuse over a period of time, particularly where this has resulted in battered woman syndrome, a jury may more readily find that there was a sudden loss of control triggered by even a minor incident à ¢Ã¢â€š ¬Ã¢â‚¬Å" the incident proves to be the à ¢Ã¢â€š ¬Ã‹Å"last strawà ¢Ã¢â€š ¬Ã¢â€ž ¢ for the defendant[26]. It seems likely on the facts that Amina will be able to use the defence of provocation to reduce the charge to one of manslaughter. There are two counts on which Amina may wish to raise the defence of provocation. The first relates to the repeated beatings that Yasin has given her over a number of years. Diminished responsibility Amina may be able to claim diminished responsibility if she can show that at the time of the murder, she was suffering from such abnormality of mind as substantially impaired her mental responsibility[27] for her acts in carrying out the killings[28]. Abnormality of mind, means a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal[29]. The onus will be on Amina to prove the defence, but only a preponderance of probabilities must be shown[30]. If the defence is successful, Amina will be changed with manslaughter rather than murder[31]. Of note Battered womens syndrome, which was listed in the British Classification of Mental Diseases in 1994, can give rise to the defence of diminished responsibility[32]. Amina may therefore be able to use this defence on the basis that Yasin has beat her over a period of time and she is suffering from the syndrome as a result. If she is able to adduce medical evidence of the syndrome, the c ourt may accept it and this will avoid a trial for murder altogether[33]. Amina may try to get the charge reduced to manslaughter on the basis of both provocation and diminished responsibility, and if the jury does return a verdict of manslaughter, the judge may ask the jury on which ground its verdict is based or whether it was based on both grounds[34]. In conclusion, it seems that Amina would be found guilty for both the murder of Yasin and Khadija, but may have both the defences of provocation and diminished responsibility available to her, which would reduce the charge to manslaughter. - Bertramà ¢Ã¢â€š ¬Ã¢â€ž ¢s liability under Section 18 OAPA1861 Bertram may be guilty of maliciously wounding or causing grievous bodily harm with intent, under Section 18 OAPA1861. The maximum sentence for this offence on conviction is imprisonment for life. The actus reus of the offence, either maliciously wounding or causing grievous bodily harm, usually requires a break in the surface of the skin[35]. The actions in relation to tightening a belt round Ameliaà ¢Ã¢â€š ¬Ã¢â€ž ¢s neck causing her to suffer from distorted vision and headaches will probably not therefore suffice for the purposes of Section 18; although the meaning of grievous bodily harm is à ¢Ã¢â€š ¬Ã…“not limited to the skin, flesh and bones of the victim, but also includes an identifiable psychiatric injuryà ¢Ã¢â€š ¬Ã‚ [36]. Whether Ameliaà ¢Ã¢â€š ¬Ã¢â€ž ¢s headaches and distorted vision amount to an identifiable psychiatric injury will be judged objectively, according to the ordinary standards of usage and experience, and not subjectively from the standpoint of how Ame lia would describe it[37]. The act of burning Amelia with lighter fluid will almost certainly amount to a sufficient act for this purpose however; the facts state that her injuries were serious and required skin grafts. To establish an offence under Section 18, it must also be shown that Bertram is malicious; in that he specifically intended his actions to result in some unlawful bodily harm to Amelia; not that he was just reckless as to whether the harm may occur[38]. The prosecution will have to prove that it was his purpose to do some grievous bodily harm, or that in tightening the belt round Ameliaà ¢Ã¢â€š ¬Ã¢â€ž ¢s neck, he foresaw such harm as at least virtually certain, permitting the jury to infer the necessary intent[39]. On the facts, it does not seem that Bertram really intended to hurt Amelia à ¢Ã¢â€š ¬Ã¢â‚¬Å" clearly his actions were for pleasure. It is unlikely that he would be found guilty under Section 18 therefore. Bertramà ¢Ã¢â€š ¬Ã¢â€ž ¢s liability under Section 20 OAPA1861 Bertram may be guilty of the lesser offence of maliciously wounding or maliciously inflicting grievous bodily harm under Section 20 OAPA1861. The maximum sentence on conviction for this offence is five years. For this offence, again there usually will be a break in the surface of the skin[40], although as before, the question of whether the headaches and distorted vision amount to an identifiable psychiatric illness equating to grievous bodily harm will be judged objectively, according to the ordinary standards of usage and experience. Of note, in R v Burstow [1997][41], it was held that a stalker could be convicted of an offence under Section 20 even where he had not applied physical violence directly or indirectly to the body of the victim. This suggests that the headaches and distorted vision may qualify towards establishing the offence. The burns to Ameliaà ¢Ã¢â€š ¬Ã¢â€ž ¢s skin will certainly qualify as malicious wounding or infliction of grievous bodily harm due to their severity. The mens rea for a Section 20 offence is denoted by the word maliciously, and for Section 20, it will be sufficient to prove that Bertram intended his act to result in some unlawful bodily harm to some other person, or alternatively was subjectively reckless as to the risk that his act might result in such harm[42]. He must at very least foresee the possibility of some physical harm occurring or he will not be liable under Section 20[43]. On the facts, there is a strong possibility that Bertram would be liable under Section 20; although he is surprised by the extent of the flames, at least some physical harm would be a virtual certainty. Bertramà ¢Ã¢â€š ¬Ã¢â€ž ¢s liability under Section 47 OAPA1861 If the Section 20 charge fails, perhaps for lack of intent, Bertram could be charged under Section 47 OAPA1861 for assault occasioning actual bodily harm. The maximum sentence for this office on conviction is five yearsà ¢Ã¢â€š ¬Ã¢â€ž ¢ imprisonment. It will be necessary to show that Bertram assaulted Amelia, in that he caused her to apprehend an immediate infliction of violence or carried out the actual infliction of violence occasioning bodily harm. Bodily harm is defined in R v Chan-Fook [1994][44] as being any hurt or injury calculated to interfere with the health or comfort of the victim. Ameliaà ¢Ã¢â€š ¬Ã¢â€ž ¢s injuries, both in relation to the belt and the burns, would definitely satisfy this criteria. Liability will be established if it can be shown that Bertram has the mens rea of common assault, which is intention or recklessness. Bertram may not have intended the harm caused to Amelia but may well have been reckless as to the harm being caused, in that he was aw are of the risk of harm, and took the risk unreasonably[45]. It seems likely that, at very least, he would be guilty of an offence under Section 47 as it would be virtually certain that his actions would cause at least some harm. As a defence to his actions, Bertram may seek to argue that Amelia consented to the harm caused. The evidential burden of proof lies with Bertram who must produce evidence of consent before the judge is required to put it before the jury. R v Donavon (1934)[46] is the authority for the fact that a victim may not validly consent to physical harm if it amounts to actual bodily harm or worse, unless the activity comes within a range of policy based exceptions[47]. We have already established that Bertram is very likely to be charged with Section 20 or Section 47 OAPA1861, and so he will only be able to argue consent if it does fall within an exception. Such exceptions were considered in R v Brown [1993][48] in which a group of homosexual males were being tried for, inter alia, assault occasioning actual bodily harm and unlawful wounding under the OAPA1861 for participating in sado-masochistic practices. The Court of Appeal dismissed their appeals against conviction, but asked for guidance as to whether it was necessary for the prosecution to prove lack of consent to establish guilt under Section 20 or Section 47 OAPA1861. By a majority of three to two, the House of Lords held that consent was irrelevant; the conduct was presumptively unlawful in that it involved à ¢Ã¢â€š ¬Ã…“violence, cruelty and abnormal and perverted homosexual activityà ¢Ã¢â€š ¬Ã‚ , which was à ¢Ã¢â€š ¬Ã…“unpredictably dangerous and degrading to body and mindà ¢Ã¢â€š ¬Ã‚ . The activities fell within the definition of the offences and since injury was both intended and caused, consent was irrelevant unless the Court could find that there was a good reason to allow the activity (i.e. public policy reasons, as for sporting activities like boxing). The majority of the Lords held that there were several good reasons why the defence should not be extended to cover such activities relating, inter alia, to the risk of serious infections, injuries and spreading diseases such as AIDS there was therefore no public interest in permitting such practices. As a result, consent is a defence only to common assault where no injury is caused and or/intended but where it is intended and/or caused, it will be no defence unless there is a reason to justify it in the public interest. So far as Bertram is concerned, then, it is highly unlikely that he will successfully be able to raise the defence of consent since the practices that the assaults referred to were similarly dangerous and risked serious injury, as for those in R v Brown [1993][49], and there are no public policy reasons for allowing them. We are told that Amelia pursues Bertram for over a year with letters, cards and telephone calls begging him to return and that as a result, Ber tram suffers from anxiety and nervousness requiring psychiatric counselling; we are also told he has to give up his job for lack of concentration. The issue is whether these injuries will amount to an assault occasioning actual bodily harm under Section 47 OAPA1861. Psychiatric harm can be grievous bodily harm or actual bodily harm; this depends on its severity. In either case, expert medical evidence is required as to the extent of the harm. R v Burstow; R v Ireland (1997)[50] establishes that neuroses should be distinguished from simple states of fear or problems coping with everyday life, but where the line is drawn is a matter of psychiatric judgement. A charge under Section 47 requires proof that Amelia has committed an assault, in the sense that she has caused Bertram to apprehend immediate physical violence. This can be established by means of a phone call, even if it is silent[51]. The type of à ¢Ã¢â€š ¬Ã‹Å"stalkingà ¢Ã¢â€š ¬Ã¢â€ž ¢ she appears to be carrying out can am ount to an assault occasioning actual bodily harm, where it causes a clinical illness (as opposed to simple anxiety and stress)[52]. However, Bertram is anxious and nervous, and suffers from lack of concentration; this is unlikely to amount to a clinical illness. The facts do not suggest either the calls, cards and letters cause him to apprehend physical violence. Merely causing him to feel uncomfortable will not suffice. If therefore the actus reus of assault is not established, the charge under Section 47 of OAPA1861 fails, as does any possible common assault charge. Even if it can be shown that Bertram did apprehend immediate physical violence, it must also be shown that Amelia intended this, or was at least aware of the risk that Bertram might suffer this harm[53]. The facts state that Amelia simply wants Bertram back; they do not suggest that her communications are in any way threatening or unpleasant, and so it seems unlikely that she will be guilty of assault for her actio ns. She may however be liable under the Protection From Harassment Act 1997, which provides that a person must not pursue a course of conduct which amounts to harassment of another person, and which they knows or ought to know amounts to harassment of the other. The sort of conduct that might qualify for this offence will include causing Bertram distress[54] which appears to be the case here. The test is an objective one and asks whether a reasonable person in possession of the same information would think the course of conduct amounted to or involved harassment of the other[55]. The reasonable person referred to is a hypothetical reasonable person who is not endowed with the defendants standards or characteristics[56]. On the facts it seems that Amelia would likely be guilty of harassment under the Protection from Harassment Act 1997. In conclusion, it is likely that Bertram would be liable under Section 20 of the OAPA1861, or possibly Section 47 if the Section 20 charge fail ed for lack of intent. The defence of consent will not be available because of the practices concerned. Amanda is unlikely to be guilty of any offences under the OAPA1861 but may be guilty under the Protection from Harassment Act 1997 for causing Bertram distress. Bibliography Douglas, G Molan, M (2005/6) Criminal Law (4th Edition) Oxford University Press, Oxford Halsburyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Laws of England: Criminal Law, Evidence and Procedure 2. Offences Against the Person (1) Homicide (ii) Murder 89. The Elements Halsburyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Laws of England: Homicide (iii) Manslaughter b. voluntary manslaughter 94. Provocation as defence to murder charge Halsburyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Laws of England: Homicide (iii) Manslaughter b. voluntary manslaughter 96. Diminished responsibility as defence to murder charge. Halsburys Laws of England: Criminal Law Evidence and Procedure 2. Offences Against the Person (3) Non fatal offences against the person (ii) Wounding or Causing Grievous Bodily Harm with Intent 119. Constituents of wounding etc with intent Halsburys Laws of England: Criminal Law Evidence and Procedure 2. Offences Against the Person (3) Non fatal offences against the person (xi) Harassment 152. Prohibitions of harassment and offence of harassment Halsburys Laws of England: Criminal Law, Evidence and Procedure 1. Principles of Criminal Liability (2) The Elements of Crime (ii) The Criminal Conduct 6. Causation Halsburys Laws of England: Criminal Law, Evidence and Procedure 1. Principles of Criminal Liability (2) The Elements of Crime (iii) The Mental Element 13. Proof of intention and foresight Table of Cases A-Gs Reference (No 6 of 1980) [1981] 2 All ER 1057 Chan Kau v R [1955] AC 206, [1955] 1 All ER 266, PC DPP v Smith [1961] AC 290, 44 Cr App Rep 261, HL Luc Thiet Thuan v R [1997] AC 131, [1996] 2 All ER 1033, PC Mancini v DPP [1942] AC 1, 28 Cr App Rep 65, HL MLoughlin (1838) 8 C P 635 Moriarty v Brooks (1834) 6 C P 684 R v Doughty (1986) 83 Cr App R 319 R v Adams (1957) unreported, summarised at [1957] Crim LR 375 R v Belfon [1976] 1 WLR 741 R v Brown [1993] 2 All ER 75 R v Brown, R v Stratton [1998] Crim LR 485, CA. R v Burstow; R v Ireland (1997) 4 All ER 225 R v Byrne [1960] 2 QB 396, 44 Cr App Rep 246, CCA R v Chan-Fook [1994] 2 All ER 552 R v Cheshire (1991) 3 All ER 670 R v Colohan [2001] EWCA Crim 1251, [2001] 2 FLR 757, [2001] Crim LR 845; R v Constanza [1997] Crim LR 576 R v Cox [1968] 1 All ER 386, 52 Cr App Rep 130, CA R v Cunningham [1982] AC 566, 73 Cr App Rep 253, HL R v Donavon (1934) 2 KB 498 R v Dunb ar [1958] 1 QB 1, 41 Cr App Rep 182, CCA R v Dyson [1908] 2 KB 454, 1 Cr App Rep 13, CCA R v G [2003] UKHL 50, [2004] 1 AC 1034, [2004] 1 Cr App Rep 237 R v Gibbins, R v Proctor (1918) 13 Cr App Rep 134, CCA R v Hancock [1986] AC 455, 82 Cr App Rep 264, HL. R v Hayward (1833) 6 C P 157 R v Hennigan [1971] 3 All ER 133, 55 Cr App Rep 262, CA R v Hobson [1998] 1 Cr App Rep 31, CA R v Ireland, R v Burstow [1998] AC 147, [1998] 1 Cr App Rep 177, HL R v Jordan (1956) 40 Cr App R 152 R v Matheson [1958] 2 All ER 87, 42 Cr App Rep 145, CCA; R v Mellor (1996) 2 Cr App R 245 R v Mowatt [1968] 1 QB 421 R v Savage; DPP v Parmenter [1991] R v Savage; R v Parmenter (1991) 3 WLR 914 R v Smith (1959) 2 All ER 193 R v Smith (Morgan) (2000) 4 All ER 289 R v Thornton (No 2) [1996] 2 All ER 1023, [1996] 2 Cr App Rep 108, CA R v Woollin (1998) 4 All ER 103 Woolmington v DPP [1935] AC 462, 25 Cr App Rep 72, HL Footnotes [1] R v Gibbins, R v Proctor (1918) 13 Cr App Rep 134, CCA [2] Woolmington v DPP [1935] AC 462, 25 Cr App Rep 72, HL; Mancini v DPP [1942] AC 1, 28 Cr App Rep 65, HL [3] Halsburyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Laws of England: Criminal Law, Evidence and Procedure 2. Offences Against the Person (1) Homicide (ii) Murder 89. The Elements [4] R v Dyson [1908] 2 KB 454, 1 Cr App Rep 13, CCA; R v Adams (1957) unreported, summarised at [1957] Crim LR 375: Halsburys Laws of England: Criminal Law, Evidence and Procedure 1. Principles of Criminal Liability (2) The Elements of Crime (ii) The Criminal Conduct 6. Causation [5] Chan Kau v R [1955] AC 206, [1955] 1 All ER 266, PC [6] DPP v Smith [1961] AC 290, 44 Cr App Rep 261, HL [7] R v Cunningham [1982] AC 566, 73 Cr App Rep 253, HL [8] Criminal Justice Act 1967 Section 8; Halsburys Laws of England: Criminal Law, Evidence and Procedure 1. Principles of Criminal Liability (2) The Elements of Crime (iii) The Mental Element 13. Proof of intention and foresight [9] R v Hancock [1986] AC 455, 82 Cr App Rep 264, HL. [10] R v Hancock [1986] AC 455, 82 Cr App Rep 264, HL; Halsburys Laws of England: 13. Proof of intention and foresight [11] R v Hancock [1986] AC 455, 82 Cr App Rep 264, HL [12] R v Hennigan [1971] 3 All ER 133, 55 Cr App Rep 262, CA [13] Halsburys Laws of England: 7. Causation [14] R v Jordan (1956) 40 Cr App R 152 [15] R v Smith (1959) 2 All ER 193 [16] R v Mellor (1996) 2 Cr App R 245 [17] R v Cheshire (1991) 3 All ER 670 [18] Douglas Molan, p.57 [19] R v Cunningham [1982] AC 566, 73 Cr App Rep 253, HL [20] R v Hancock [1986] AC 455, 82 Cr App Rep 264, HL. [21] R v Hancock [1986] AC 455, 82 Cr App Rep 264, HL; Halsburys Laws of England: 13. Proof of intention and foresight [22] Halsburyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Laws of England: Homicide (iii) Manslaughter b. voluntary manslaughter 94. Provocation as defence to murder charge [23] R v Doughty (1986) 83 Cr App R 319 [24] R v Hayward (1833) 6 C P 157 [25] R v Smith (Morgan) (2000) 4 All ER 289 [26] R v Thornton (No 2) [1996] 2 All ER 1023 at 1030, [1996] 2 Cr App Rep 108 at 116, CA, per Lord Taylor CJ; Luc Thiet Thuan v R [1997] AC 131 at 141, [1996] 2 All ER 1033 at 1047, PC [27] R v Byrne [1960] 2 QB 396 at 403, 44 Cr App Rep 246 at 252, CCA [28] Homicide Act 1957 s 2(1) [29] R v Byrne [1960] supra [30] R v Dunbar [1958] 1 QB 1, 41 Cr App Rep 182, CCA [31] Homicide Act 1957 s 2(3) [32] : R v Hobson [1998] 1 Cr App Rep 31, CA [33] R v Cox [1968] 1 All ER 386, 52 Cr App Rep 130, CA [34] R v Matheson [1958] 2 All ER 87, 42 Cr App Rep 145, CCA; Halsburyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Laws of England: Homicide (iii) Manslaughter b. voluntary manslaughter 96. Diminished responsibility as defence to murder charge. [35] Moriarty v Brooks (1834) 6 C P 684; MLoughlin (1838) 8 C P 635 [36] R v Ireland, R v Burstow [1998] AC 147, [1998] 1 Cr App Rep 177, HL: Halsburys Laws o f England: Criminal Law Evidence and Procedure 2. Offences Against the Person (3) Non fatal offences against the person (ii) Wounding or Causing Grievous Bodily Harm with Intent 119. Constituents of wounding etc with intent [37] R v Brown, R v Stratton [1998] Crim LR 485, CA. [38] R v Belfon [1976] 1 WLR 741 [39] R v Woollin (1998) 4 All ER 103 [40] Moriarty v Brooks (1834) 6 C P 684; MLoughlin (1838) 8 C P 635 [41] R v Burstow [1997] 4 All ER 225 [42] R v Mowatt [1968] 1 QB 421; R v Savage; DPP v Parmenter [1991] [43] R v Savage; DPP v Parmenter [1991] 4 All ER 698 [44] R v Chan-Fook [1994] 2 All ER 552 [45] R v G [2003] UKHL 50 at [41], [2004] 1 AC 1034 at [41], [2004] 1 Cr App Rep 237 at [41] per Lord Bingham of Cornhill [46] R v Donavon (1934) 2 KB 498 [47] See also A-Gs Reference (No 6 of 1980) [1981] 2 All ER 1057 [48] R v Brown [1993] 2 All ER 75 [49] R v Brown [1993] 2 All ER 75 [50] R v Burstow; R v Ireland (1997) 4 All ER 225 [51] R v Burstow; R v Ireland, supra [52] R v Constanza [1997] Crim LR 576 [53] R v Savage; R v Parmenter (1991) 3 WLR 914 [54] Protection from Harassment Act s 7(2) [55] Protection from Harassment Act s 1(2) (as amended) [56] R v Colohan [2001] EWCA Crim 1251, [2001] 2 FLR 757, [2001] Crim LR 845; Halsburys Laws of England: Criminal Law Evidence and Procedure 2. Offences Against the Person (3) Non fatal offences against the person (xi) Harassment 152. Prohibitions of harassment and offence of harassment

What Major Trends Do You See Affecting The Roles Of...

A) What major trends do you see affecting the roles of purchasing managers in the next decade? In the globalization era, there are several major trends that affect to the roles of purchasing manager. As emerging markets assume a greater role in the global economy, the traditional demand and supply poles that have shaped global commerce over the last 50 years will change dramatically. More and more global company will have their purchasing managers based in China, India or Brazil. The procurement teams need to start developing expertise in local emerging market sourcing in China, Brazil, and India, as well as other developing economies. Sustainability is an essential strategy to business, especially the global company. Procurement function†¦show more content†¦The procurement leaders need to encourage their teams to adopt a social mindset and operating model that will sustain the corporate brand in this more transparent era. The people is in a center of change dimensions. The future purchasing leaders will assess their intellectual, geographic diversity, and recruiting sources. Procurement teams will expand and attract more people with backgrounds in education and professional services. Geographical shifts into new emerging market will require procurement teams to have a diverse workforce that will be more relevant to local social and cultural dictates. In the transparent world, the procurement organizations to go far beyond corporate social responsibility and must have a multidimensional approach to managing the supply chain. We cannot forget the foundation factors of purchasing organization including information system, finance and risk. As big data is increasingly intertwined into corporate decision-making processes, the purchasing manager will need to become more comfortable with advanced data mining and analysis techniques. They will also need to develop financial acumen that rivals those of their finance counterparts to build a leading company. The procurement risk management will adopt a more holistic strategy that includes total risk expo sure, risk mitigation investments and risk transfer pricing. The procurement leaders

Personal Narrative Personal Writing - 1652 Words

For as long as I can remember, my dad has always corrected my grammar and manners. As a lawyer, he writes and reviews thousands of legal documents, which has sharpened his writing skills tremendously. With these skills comes a grammar geek who loves correcting people. Looking back at all the times my dad has reminded me of a certain rule, a particular occasion always comes to mind. This moment took place at my kitchen counter in Illinois when I was a Freshman in High School. It was a late weekday night in the Kennedy household and all five of us were awake as ever. My brother was in the basement, my sister was upstairs doing homework and skyping her friends, and my parents and I were in the kitchen. More specifically, my mom was making†¦show more content†¦Gazing past the kitchen island I see my mom cooking dinner. Like I said, it was a late night, so she was quickly making a large salad with some sort of meat for the family. I can envision the white walls, the light fixture hanging above my head, and the large bay windows that show the dark outlines of trees outside. I could hear my dog barking in the other room, and my phone as it vibrates on the countertop. I did not dare open my phone to answer a text unless I wanted another look from my dad that hinted to pay attention. Eventually, I tuned back in and listened to what my dad had to say. He was busy going over the â€Å"Me vs. I† rule, and how to figure out when to use either of the words. This simple rule is one that has stuck with me ever since this night. The rule states to use â€Å"I† when you are the subject, and use â€Å"me† when you are the object of the sentence. A quick trick my dad brought up was to take out the first part of the sentence and see if it makes sense. For example, â€Å"Kelsey and me went to the store.† If you took out â€Å"Kelsey and†, and the sentence did not sound right, that meant you were using the wrong word. The correct structure is â€Å"Kelsey and I went to the store.† This makes sense because â€Å"I went to the store† could stand alone as a sentence, while â€Å"Me went to the store† cannot. I had made lots of these mistakes in my paper, so by the time we got to the end of the essay, I knew the ruleShow MoreRelatedPersonal Writing : Personal Narrative2064 Words   |  9 Pagesâ€Å"‘Oww!,’ I said as I fell off my bike.† These are the first words of a personal essay that I wrote in the second grade about learning how to ride a bicycle. I remember them so clearly because my teacher boasted to the class about my use of such an eye-catching introductory remark, so it seems appropriate to use those words here as well. Not only do these words mark the beginning of a growing girl’s literary journey, but also the start to a timeline of establishing a tangible identity for myself thatRead MorePersonal Writing : My Personal Narrative1331 Words   |  6 PagesWhen I was a little girl I loved to write, my father would give me silly little writing prompts and I would write short paragraphs of made up scenarios. My father really encouraged my writing at an early age, but as I grew a little bit older I realize that I struggled with it a lot. I can remember my very first personal journal. The stuff I would write was so underdeveloped, because I was so young but I didn’t care at the time. As I grew older, I became fond of roleplaying online on websites or inRead MorePersonal Writing : My Personal Narrative1036 Words   |  5 Pagesto see how our teacher liked our stories. Mine journal would always be filled with words of praise and tiny smiley faces she had drawn in the margins. This left me feeling unstoppable. I had finally found something at school that I was good at. Writing soon became my happy place. Even at such a young age, I would write when I felt alone. I was never the most social kid. I had plenty of friends but I wasn’t as outgoing as they were. While they were climbing up the slides and jumping off the monkeyRead MoreWriting Skills : A Personal Narrative850 Words   |  4 PagesClaude Sumner Mr. Rich Writing Skills: A Personal Narrative 15 January 2016 Throughout my life, I have faced many challenges. Like being kicked out of school, being kicked out of the house, and a lot of others. But all of those things add up to one challenge to me; myself. Everything I’ve been through in my life, now that I look back on it, has all been placed there so that I can learn about myself and who I am as a person. Coming from the area that I come from, an individual might be subjectedRead MoreCreative Writing : Personal Narrative1348 Words   |  6 Pagesâ€Å"Click,† went the door handle, as Tristan picked the lock on the door. â€Å"And we’re in,† he exclaimed. â€Å"Good job soldiers. One step closer to victory,† said Director Schwartz over the earpieces given before they set off. With Tristan and Evan taking out the dictator, the Spanish Government could reclaim the rest of lost, deserted government buildings, and restore the country back to normal. â€Å"Let’s go, Evan. You have the map, right?† Tristan asked. After Evan pulled out his phone they examinedRead MorePersonal Narrative - Travel Writing Essay823 Words   |  4 PagesPersonal Narrative - Travel Writing I took a final look around my room to make sure I hadnt forgotten anything. Feeling depressed, yet eager to go home, I walked out of the room lugging my suitcase behind me, as I carefully closed the door. I entered the elevator sorrowfully. I pressed the button to go to the lobby where I would be able to check out and hand back the key. The door opened and I stepped outside, still dragging my immensely heavy suitcase! Read MorePersonal Narrative Essay - Original Writing949 Words   |  4 PagesPersonal Narrative I am at room in a very spacious hotel with beautiful ambience and a relaxed atmosphere, far away from the hustles and bustles of this world. And as i could visualize an endless wilderness and say; â€Å"it’s in middle of nowhere†, so is this locational description of this hotel. What I now know though, is that it’s at the periphery of our Narok County, deep at the Maasai Mara, Kenya. The hotel usually visited by the high and mighty of this world: Hollywood movie producers, renownedRead More Personal Narrative- Improved Writing Essay984 Words   |  4 Pages My first real writing experience happened my junior year at HHS. It was the second to last day of school of my sophomore year, and I happened to be flipping through the course descriptions book, and was thinking of an English class to take next year. Well, I sat there and sat there thumbing through the pages, and finally, one particular class appealed to me. I thought, WOW, this is a class I should take! Yeah right, but I still decided to register for American Lit.anyway. Well, the schoolRead MorePersonal Narrative Essay - Original Writing1716 Words   |  7 PagesPersonal Narrative We all like to pretend that we have control over our lives. Being in control makes us feel powerful, like we are ready for anything. With everything that goes on in the world we never can truly be in full control of our lives, but the moments that we felt we were in control are looked back as good times in our lives. Of course, it’s the moments where we lose control that stick with us the most. The day I found out I would lose my dad for a year started a little differently thanRead MorePersonal Narrative Essay - Original Writing1716 Words   |  7 PagesPersonal Narrative We all like to pretend that we have control over our lives. Being in control makes us feel powerful, like we are ready for anything. With everything that goes on in the world we never can truly be in full control of our lives, but the moments that we felt we were in control are looked back as good times in our lives. Of course, it’s the moments where we lose control that stick with us the most. The day I found out I would lose my dad for a year started a little differently

Rappaccini’s Daughter by Nathaniel Hawthorne - 893 Words

Two boys stare at an unfamiliar girl sitting by herself and whisper, â€Å"She must be new,† to each other. They walk over to her, wanting to know about her, and ask her where she is from. The human tendency of wanting to know about the unknown is an idea writers such as Nathaniel Hawthorne use in their works. Hawthorne uses the style of Romanticism, which was most prominent during the early nineteenth century and includes specific traits such as devotion to nature, feelings of passion, and the lure of the exotic. It also emphasizes traits including the idea of solitary life rather than life in society, the reliance on the imagination, and the appreciation of spontaneity. â€Å"Rappaccini’s Daughter† by Hawthorne is about Doctor Rappaccinis garden†¦show more content†¦In summary, the lure of the exotic which Giovanni feels towards Beatrice and the flowers asserts that â€Å"Rappaccinis Daughter† is Romantic. The idea of solitary life rather than l ife in society is a theme interlaced throughout the short story. Early in the tale, Hawthorne writes, â€Å"[Giovanni] seated himself near the window, but within the shadow thrown by the depth of the wall, so that he could look down into the garden with little risk of being discovered.† Giovanni, wanting to be secluded, hid from view, and this adds to the solitary life theme. Furthermore, the author writes, â€Å"the desert of humanity around them †¦ [pressed] this insulated pair closer together,† to describe Giovanni and Beatrice find kinship (Hawthorne). Near the end of the narrative, both Giovanni and Beatrice become infused with poison. They are not able to live a normal life or be around society because their poison will injure or kill others. Beatrice even says that the poison had, â€Å"estranged [her] from all society of [her] kind† (Hawthorne). Therefore, solitary life, a concurrent theme and Romantic trait is existent in â€Å"Rappaccini’s Daughter.† Hawthorne’s story demonstrates an appreciation and idolization of nature. The author compares Beatrice to flowers: Soon there emerged from under a sculptured portal the figure of a young girl, arrayed with as much richness of taste as the most splendid of the flowers,Show MoreRelatedEssay on Rappaccinis Daughter by Nathaniel Hawthorne948 Words   |  4 PagesRappaccinis Daughter by Nathaniel Hawthorne In Rappaccinis Daughter, Nathaniel Hawthorne examines the combination of good and evil in people through the relationships of the storys main characters. The lovely and yet poisonous Beatrice, the daughter of the scientist Rappaccini, is the central figure of the story, while her neighbor Giovanni becomes the observer, participant, and interpreter of the strange events that transpire within the garden next door. It is Giovannis inabilityRead MoreRappaccinis Daughter And The Birthmark By Nathaniel Hawthorne Essay1294 Words   |  6 Pageskill human beings. Concerning this idea, Nathaniel Hawthorne is one of the American writers of the mid-nineteenth century who writes about art and science. This paper will describe the sort of science that need to be interrogated and how is combined by comparing â€Å"Rappaccini’s daughter† and â€Å"The Birthmark† by the role of the scientists, Dr. Aylmer and Dr. Rappaccini in â€Å"Rappaccini’s Daughter,† the influence on Aylmer’s wife character and Rappaccini’s daughter and finally the argument will be on howRead MoreAn Occurrence At Owl Creek Bridge And Rappaccinis Daughter By Nathaniel Hawt horne1233 Words   |  5 Pagesby Edgar Allan Poe and â€Å"Rappaccini’s Daughter† by Nathaniel Hawthorne display various methods of the integration of suspense in literature and its influence on the story. False relief, foreshadowing, and hidden truths being amongst the many. Likewise, the tone and mood of the story are vital to the establishment of suspense. They combine to influence the reader’s emotions whilst following the plot. Nathaniel Hawthorne utilizes suspense in his work Rappaccini s Daughter to emphasize the story’sRead MoreThemes Through Out Hawthorn. The Literary Works Of Nathaniel1343 Words   |  6 PagesHawthorn The literary works of Nathaniel Hawthorne are essentials in a comprehensive study of American literature. Nathaniel Hawthorne, a sixth generation American was born in Salem, Mass., on July 4, 1804. Hawthorne had an ancestor who was one of the three judges at the 17th-century Salem witchcraft trials. His Massachusetts family declined into relative obscurity over the generations, both facts impacted his life, imagination and writings. (â€Å"Nathaniel Hawthorne.† Columbia Encyclopedia) Two ofRead More Romanticism in Hawthornes Young Goodman Brown, The Birthmark, and Rappaccinis Daughter1065 Words   |  5 PagesRomanticism in Young Goodman Brown, The Birth-Mark, and Rappaccinis Daughter  Ã‚  Ã‚      Nathaniel Hawthorne gives his own definition of romanticism in the preface to The House of Seven Gables. According to Hawthorne, the writer of a romance may claim a certain latitude and may deepen and enrich the shadows of the picture, as long as he does not swerve aside from the truth of the human heart. The writer of a romance will be wise...to mingle the Marvelous as long as he does it to a slightRead More Rappaccinis Daughter Essay: Allegory of the Garden of Eden1629 Words   |  7 Pages  Ã‚  Ã‚  Ã‚   In the literal sense, Nathaniel Hawthorns Rappaccinis Daughter is the story about the rivalry between two scientists that ultimately causes the destruction of an innocent young woman. However, when the story is examined on a symbolic level, the reader sees that Rappaccinis Daughter is an allegorical reenactment of the original fall from innocence and purity in the Garden of Eden. Rappaccinis garden sets the stage of this allegory, while the characters of the story each represent the importantRead MoreHawthornes Quest for Perfection761 Words   |  4 Pages While critics argue that Hawthorne’s â€Å"The Birth Mark,† â€Å"Dr. Heidegger’s Experiment,† and â€Å"Rappaccinni’s Daughter† stand as an overt commentary on nature vs. science, Hawthorne actually uses these works to explore personal familial connections. First of all, these three short stores deal with nature and science, but when one delves deeper into the stories, it becomes apparent that Hawthorne actually explores relationships among family members. These three works of writing portray Hawthorne’s thematicRead MoreEssay on Science in Science Fiction1384 Words   |  6 Pagesauthor decides to depict the use of science varies greatly from story to story. Some may choose to use science in a good way, while others may show the negative impacts science could have. In â€Å"Nine Lives† by Ursula Le Guin and â€Å"Rappaccini’s Daughter† by Nathaniel Hawthorne each author shows how characters can be connected or driven apart by science. â€Å"Nine Lives† is a story that takes place on the planet Libra, where two men, Pugh and Martin, go to work. There they are joined by a Tenclone, a groupRead MoreA Comparative Analysis of the Concepts of Science and Nature in Nathaniel Hawthornes The Birthmark and Rappaccinis Daughter1531 Words   |  6 Pages Nathaniel Hawthornes The Birthmark and Rappaccinis Daughter both address the concepts of science and nature and the conflicts that the two typically generate. The protagonists in both stories feel that it is essential for them to do something in order to improve the persons they love. Moreover, they appear to consider that they actually want to help the persons they love instead of actually helping themselves by doing so. The women in the two stories focus on being as good as they can possiblyRead MoreScience in Nathaniel Hawthornes Rappaccinis Daughter1363 Words   |  6 Pagesstory â€Å"Rappaccini’s Daughter† can be seen as a love story about young man determined to be with his beloved, despite the fact that she is poisonous. However, when examining the text, underlying theme about science arise. During the time in which this piece was written, science was rapidly evolving. â€Å"All biological sciences must first go through a taxonomic stage since their data must be put in order before they can be employed in research on an analytical level†(Shryock 291) â€Å"Rappaccini’s Daughter†

The Importance of Not Lying Essay - 2119 Words

The Importance of Not Lying To lie means to make an untrue statement with the intent to deceive, according to the Webster’s dictionary. It also means to simply create a false or misleading statement on purpose. There are also many synonyms to the word â€Å"lie,† such as: prevaricate, equivocate, palter, and fib. The word lie happens to be the most blunt of this group. â€Å"Prevaricate† softens the bluntness of a lie by implying quibbling or confusing the issue. This form of lying is common in courtroomms and press conferences by lawyers and politicians. â€Å"Equivocate† implies using words having more than one sense in an attempt to say one thing but to mean another. This is an attempt to mislead one without feeling as if one has lied. â€Å"Palter†Ã¢â‚¬ ¦show more content†¦Without a sense of loyalty, there can be no sense of duty; what reasons would you then have to feel obligated to perform to the requested standards, to accept responsibility for your actions or the actions of others, or even to look for opportunities to improve oneself at all? Without obligation - that is to say, without being bound - sacrifice becomes nothing more than masochism at worst, a pity party at best. As soldiers, we are obligated to act on the loyalty we have for our U.S. constitution, the Army, our fellow soldiers, the nation and its heritage. This is our duty. Respect â€Å"Rely upon the golden rule.How we consider others reflects upon each of us, both personally and as a professional organization. Treat people as they should be treated.† According to The Free Dictionary: re ·spect tr.v. re ·spect ·ed, re ·spect ·ing, re ·spects 1. To feel or show deferential regard for; esteem. 2. To avoid violation of or interference with 3. To relate or refer to; concern. n. 1. A feeling of appreciative, often deferential regard; esteem 2. The state of being regarded with honor or esteem. 3. Willingness to show consideration or appreciation. 4. respects Polite expressions of consideration or deference I define respect as the ability to recognize and regard a persons boundaries, limits, and autonomy in both their personal and professional spheres of life. Appropriate interactions are based on this definition of respect. A seniorShow MoreRelated The Life of Oscar Wilde Essay1523 Words   |  7 Pagesrecent writtings are The Picture of Dorian Gray(1891), A Woman of No Importance(1894) and his most resent essay known as The Decay of Lying is Oscar’s story of his outrage about the current style of writing that is going into the art society. What has happened to the spectacularness of this art, it has come down to being as horrid as what is being published in the local newspapers. Is it true that The Decay of Lying has fallen to its deepest shadow of shame? It seems that in the words ofRead More Oscar Wilde Art Essay1488 Words   |  6 Pagesand Cyril and his touring of the United States and other countries have brought forth success to the literary giant. Some of his successful writings are The Picture of Dorian Gray(1891), A Woman of No Importance(1894) and his most resent essay known The Decay of Lying. Is it true that lying has fallen to its deepest shadow of shame? In the words of Wilde it is shamefully true. How could this type of atrocity take place, it seems that the Victorian society is still under the belief that theRead MoreSeen From Above Poem Analytical Essay838 Words   |  4 PagesAnalytical Essay About Poem â€Å"Seen From Above† by Wislawa Szymborska Second Draft Perceiving Real Importance Does a beetle’s death require as much thoughtful consideration as a human’s? Is a beetle only less significant as a human due to the contrasting proportions? Does size matter at all? A dead beetle lies on a path through a field and is meditated on for only a glance. The passing person then continues the right of way. Wislawa Szymborska attempts to change our ideas of death to comprehendRead MoreThe Importance Of Being Earnest By Oscar Wilde1382 Words   |  6 PagesOne might believe that honesty is one of the building blocks of a society and is what initiates trust between people; furthermore, the Victorian era was a time period in British history where rules and morals appeared to be strict. The Importance of Being Earnest, by Oscar Wilde, a nineteenth century author who was one of the most acclaimed playwrights of his day, is a play set in the Victorian time period that demonstrates how trivial telling the truth was. Different characters throughout Wilde’sR ead MoreAnalysis of The Importance of Being Earnest by Oscar Wylde757 Words   |  3 PagesAnalysis of The Importance of Being Earnest: A Trivia Comedy for Serious People Oscar Wilde’s The Importance of Being Earnest is a satirical comedy, in which the characters create a double life to escape the burdens of the many social obligations imposed by late Victorian London society. The play repeatedly derides even the most sensitive social customs of the Victorian period, such as love and the institution of marriage. The protagonists, Algernon and Ernest, demonstrate Wilde’s suggestion ofRead MoreThe Importance Of Being Earnest By Oscar Wilde1364 Words   |  6 PagesIn order to fully understand the meaning of â€Å"The Importance of Being Earnest† and its importance in its time, one must look at Oscar Wilde’s background in relation to the Victorian time period. Biography.com states that Wilde had a very social life, growing up among influential Victorians and intellectuals of the time. As he grew older and became a successful writer, he began engaging in homosexual affairs which was a crime during the 19th century. He eventual ly started a relationship with AlfredRead MoreLying and Deception in Our Personal Relationships1637 Words   |  7 Pagesperson in this world who has never told a lie. No matter how big or small, direct or indirect, verbal or non-verbal; we all have told a lie. The problem with lying is most of the time your lies comes to light. Knapp and Vangelisiti state, â€Å"If acts of omission, exaggeration, vagueness, evasiveness, and substitution are all part of the act of lying, than everybody lies† (2006, p. 248). Whether you wore your sister’s dress, after she said no, only to have her come home with the dress in the dirty clothesRead MoreQuestions On Why Kids Lie Essay1128 Words   |  5 Pagesparents often fail to address early childhood lying, since the lying is almost innocent. Their child’s too young to know what lies are, or that lying’s wrong. When the child gets older and learns that lies are bad, parents believe that lying will stop. A child who is going to lie must recognize the truth, intellectually conceive of an alternate reality, and be able to convincingly sell that new reality to someone else. When children first begin to lying, they lie to avoid punishment, and because ofRead MoreLying Essay1403 Words   |  6 PagesA lie is an intentionally false statement. Admit it: Youve lied. Mostly everyone has lied. Since a young age, lying has been a part of our lives. Lying begins early. By the age of 3, most children know how to fib. When we do it well, we get what we want. Babies often falsify a cry to manipulate those around them to their wants as well as needs. Although lying is not socially acceptable it has become a part of everyone’s daily routine. Majority of people dislike liars however everyone has lied atRead MoreAnalysis of Humor in the Importance of Being Earnest1732 Words   |  7 PagesWRITTEN ASSIGNMENT 4 ANALYSIS OF HUMOR IN THE IMPORTANCE OF BEING EARNEST The Importance of Being Earnest is replete with two elements: pun and paradox. These two are played up immensely to present a very humorous approach to cultural criticism. In essence, it is a satirical comedy on the aristocratic class during the Victorian Era. The text is full of epigrams that expose the characters’ views on lying, marriage, reputation, society, gender, romance and love. Additionally, the play keeps

Role of the preamble in the interpretation of the Indian Constitution free essay sample

Constitution is a legal document having a special legal sanctity, which sets out the framework and the principal functions of the organs of the government of a state, and declares the principles governing the operation of those organs. No reading of any constitution can be complete without reading it from the beginning to the end. While the end may expand, or alter, the point of commencement can never change. It is the Preamble wherefrom the constitution commences. Hence, the significance of the Preamble. The Preamble is the basic structure of the Constitution. It says that the people are the ultimate authority and the Constitution emerges from them. The Preamble emphasizes the unity of Nation and it also defines the objectives of the Indian Republic. It is no exaggeration to say that the Preamble to the constitution of India is its spirit and backbone. It is the soul of the Constitution and is a precious part of the Constitution. Ever since the day it was adopted by the Constituent Assembly it has enabled the Constitution to stand erect- neither bending nor breaking. This work deals with the role of the Preamble and its interpretational value. The research also handles the varied aspects of the Preamble in a precise and structured manner. A separate chapter deals with the words and phrases used in the Preamble. An authoritative interpretation of the keywords which occur in the Preamble is given, supported by views by citing court cases wherever required. STATEMENT OF PROBLEM The Constitution is the documentation of the founding faiths of a nation and the fundamental directions for their fulfillment. It is that body of doctrines and practices which form basis for organizing a state. Generally, constitutions all over the world have a preamble. A preamble describes the philosophy of the constitution and is the preface to it. Preamble states the ideals, goals and objectives of the constitution. No reading of any Constitution can be complete without reading Preamble from the beginning to the end. It is the Preamble wherefrom the Constitution commences. Each and every word of the Preamble of the Constitution of India has been cautiously chosen for the very reason that. However, One cannot overlook the fact that the enforceability of the preamble in a court of law has been called into question in the past. Therefore, this project attempts to study the role and significance of the Preamble in the interpretation of the Indian Constitution. REVIEW OF LITERATURE The review of literature provides scientific theories and cites various literatures that was done elsewhere in relation to Preamble and its role in the interpretation of the Indian Constitution and which will in turn help to provide foundation for analysis and discussion. The research is based on articles, books, Constitution of India and old judgements by the Supreme Court of India. The preamble to the constitution is the lodestar and guides those who find themselves in grey dealing with its provision. 1 Our Constitution is not just a mere set of fundamental laws that form the basis of governance of our country but it embodies and reflects certain basic values, philosophy and objectives that were held very dear to our founding fathers. These values do find expression in various articles and provisions of our Constitution and mostly, the Preamble to our Constitution embodies the fundamental values and the philosophy on which the Constitution is based. 2 The Preamble of our Constitution shows that the people of India had resolved to constitute India into a Sovereign Socialist Secular Democratic Republic and promised to secure to all its citizens Justice, Liberty and Equality and to promote among them all Fraternity assuring the dignity of the individual and the unity and integrity of the Nation. The basic philosophy of our Constitution is summed up in the Preamble. Preamble made it clear that Constitution emanated from the people of India and not from any external authority or any less authority than the people of India. 3 1 In S. R. Bommai v. Union of India4, it was stated that the expression â€Å"provisions of the Constitution† in Article 356 (1) would include the Preamble. 2 In Berubari Union and Exchange of Enclaves5, AIR 1960 SC 845, the Supreme Court considered the preamble a key to open the mind of the Constitution makers. It was contended that the Preamble constituted an implied limitation on the power to amend the Constitution under Art. 368 and that since the Preamble set up a sovereign Republic, no part of territory could be ceded to a foreign power, even by amending the Constitution. This contention was negatived by the unanimous 7-Judge Bench holding that- a The Preamble could not be used as an implied limitation upon the power of the sovereign Legislature to cede any part of its territory to a foreign State [ para. 29] b The only purpose of a Preamble was to show the general purposes for which the authors of the Constitution made the (i. e. , the enacting) several provisions in the Constitution. But it could not be regarded as an independent source of any substantive power or prohibition, which could only be drawn from the express provisions in the body of the Constitution or by implication therefrom [para. 28]. It is in this connection, that it was observed that the Preamble was ‘not a part of the Constitution’ [para. 28] c The only use that could be made of the Preamble in the interpreting the Constitution was that where â€Å"the terms used in the articles of the Constitution are ambiguous or are capable of two meanings, in interpreting them some assistance may be sought in the objectives enshrined in the Constitution† [para. 29] 3 In Golak Nath’s case6, which followed the Berubari opinion1 ,it was held that the Preamble could not impose any implied prohibition or limitation on the power to amend the Constitution contained in Art. 368. 4 In Kesavananda Bharati’s case7, the observation in the Berubari case that the Preamble was not a part of the Constitution was negative. It was now held that the Preamble was adopted as a part of the Constitution . The words â€Å"this Constitution† in Art. 368, therefore, includes the Preamble. It was also held by majority that the power of amendment of the Constitution contained in Article 368 does not permit altering the basic structure of the Constitution and that the democratic set up was part of the basic structure of the Constitution. The objectives specified in the Preamble contain the basic structure of our constitution and this was upheld in this particular case. Each judge laid out separately, what he thought were the basic or essential features of the Constitution. Jaganmohan Reddy, J. stated that elements of the basic features were to be found in the Preamble of the Constitution and the provisions into which they translated such as: †¢ sovereign democratic republic †¢ parliamentary democracy †¢ three organs of the State He said that the Constitution would not be itself without the fundamental freedoms and the directive principles. 8 OBJECTIVES 1. To study and understand the interpretational value of the preamble i. e. role of preamble in interpretation of the constitution. 2. To study whether the Preamble indicates the source of authority of the constitution and the objects which the constitution seeks to establish and promote. HYPOTHESIS The preamble states the ideals, goals and objectives of the constitution and thus plays a vital role in the interpretation of the Indian constitution. RESEARCH QUESTIONS 1. Is the Preamble a part of the Indian Constitution? 2. What role does the Preamble play? 3. Does the preamble reflect the essential features and basic objectives of the Indian Constitution? 4. What is the extent of the interpretational value of the preamble? RESEARCH METHODOLOGY The researcher adopted doctrinal approach for the current thesis in order to gain deeper insights into as whether the preamble holds significance in the interpretation of the Indian Constitution. The research approach adopted was qualitative one. A qualitative method enables the researcher to understand and interpret the qualitative nature of the data that stands in the centre. The method of research includes case laws, previous studies, articles, various books and judgements available on the topic. CHAPTER II THE CONSTITUTION OF INDIA The constitution is the supreme law of the land ordained and established by the people. All legislation must conform to the principles it lays down. In political theory, the constitution of a country is the result of an expression of the general will of the people as a whole. The constitution is a living and organic thing. Its outlook and expression as perceived and expressed by the interpreters of the Constitution must be dynamic and keep pace with the changing times. 9 Our Constitution is not just a mere set of fundamental laws that form the basis of governance of our country but it embodies and reflects certain basic values, philosophy and objectives that were held very dear to our founding fathers. These values do find expression in various articles and provisions of our Constitution and mostly, the Preamble to our Constitution embodies the fundamental values and the philosophy on which the Constitution is based. 10 CHAPTER III PROLOGUE TO THE PREAMBLE: THE OBJECTIVES RESOLUTION EVERY Constitution has a Philosophy of its own. For the philosophy underlying our Constitution the historic Objectives Resolution of Pandit Nehru must be looked into. The Constituent Assembly first met on 9th December 1946 and soon after that on 13th December the Objective Resolution declaring and defining the aims and purposes of the of the Constituent Assembly was moved. In the words of Pandit Nehru, the aforesaid Resolution was â€Å"something more than a resolution. It is a declaration, a firm resolve, a pledge, an undertaking and for all of us a dedication†. 11 Objectives Resolution of Pandit Nehru inspired the shaping of the Constitution through all its subsequent stages. The basic aspirations contained in the Resolution have found expression in the Preamble, so beautifully yet concisely worded. The Preamble embodies the lofty principles in a charming lucid manner. It has been praised by Ernest Barker in the following words â€Å"It seemed to me, when I read it, to state in a brief and pithy form the argument of much of the book †¦. I am the more moved to quote it because I am proud that the people of India should begin their independent life by subscribing to the principles of a political tradition which we in the West call Western, but which is now something more than Western. †12 CHAPTER IV PREAMBLE Preamble is a statement of objects, which are expected by the Constitution makers to be realized through the implementation of the Constitution. The Preamble was amended in 1976 through the 42nd Amendment which inserted three Secularism, Socialism and Integrity in Preamble. As these concepts were already implied in the Constitution, the addition was not considered to be the amendment of the basic features. Words and Phrases in the Preamble The words We the People of India emphasize the ultimate sovereignty of the people and that the Constitution itself is founded on the authority of the people â€Å"who hold the power and conduct the Government through their representatives†. The Preamble indicates the source from which the Constitution comes (Per SHELAT and GROVER JJ). The Preamble as expressed, is the sovereign will of people of India. 13 The source of the Constitution are the people themselves from whom the Constitution derives its ultimate sanction. Their assertion affirms the republican and democratic character of the Indian Polity and sovereignty of the people. The people of India thus constitute the sovereign political body who hold the ultimate power and who conduct the government of the country through their elected representatives. 14 The preamble was significant in numerous ways. It stated: (a) The nature of polity the Indians were to adopt, and (b) The objectives towards which the constitution was to strive The polity is described as: (i) Sovereign Sovereign means â€Å"A person, body, or state in which independent and supreme authority is vested A chief ruler with supreme power; a king or other ruler with limited power, supreme civil, military, and political power; the person or body of persons in whom the ultimate authority of law rests. †15 In short, it means the independent authority of a State. By declaring India as a sovereign entity, Preamble emphasizes complete political freedom. It implies that India is internally powerful and externally free. She is free to determine for herself without any external interference. There is none within her to challenge her authority. (ii) Socialist The word socialist was added to the Preamble by the 42nd amendment act of 1976. It stands to end all forms of exploitation in all spheres of our existence. The Constitution directs the state to ensure a planned and coordinated social advance in all fields while preventing concentration of wealth and power in few hands. In 1983, The Constitution Bench in Nakara’s case explained the meaning of ‘socialist ‘ in the Preamble, with reference to the foregoing Statement of Objects and reasons appended to the Constitution (42nd Amendment) Act, 1976, in these words – â€Å"The principal aim of a socialist State is to eliminate in equality in income and status and standards of life. The basic framework of socialism is to provide a decent standard of life to the working people and especially provide security from cradle to grave. This amongst others on economic side envisaged economic equality and equitable distribution of income. a socialist State provides for the education After the education is completed, socialism aims at equality in pursuit of excellence in the chosen avocation the less equipped person shall be assured a decent minimum standard of life and exploitation in any form shall be eschewed. There will be equitable distribution of national cake and the worst off shall be treated in such a manner has to push them up the ladder In the fall of life the State shall ensure to the citizen a reasonable decent standard of life, medical aid, freedom from want, freedom from fear and the enjoyable leisure, relieving the boredom and the humility of dependence in old age. †16 (iii) Secular Secularism means that the state should have no religion of its own. It implies that citizens have complete freedom to follow any religion, and there is no official religion. India, being a home to almost all major religions in the world, found secularism to be a convenient formula. The Government treats all religious beliefs and practices with equal respect and honour. It allows all its citizens to profess, preach and practice any religion of their liking. The Supreme Court in S. R Bommai v. Union of India held that secularism was an integral part of the basic structure of the Constitution. Secularism thus is a value in the sense that it supports to our plural society. It aims at promoting cohesion among different communities living in India. (iv) Democratic The word ‘democratic’ though not used in the Objectives Resolution, was used in the Preamble so as to assert people’s sovereignty. The term implies: (a) universal adult franchise, (b) free and fair elections, (c) periodic elections, (d) accountability, (e) elections at all levels of governance, and (f) equal participation of all in the polity The word democratic indicates the democratic spirit involved even in the Constitution. India is a democracy. It has adopted parliamentary democracy to ensure a responsible and stable government. As a form of government it derives its authority from the will of the people. The people elect the rulers of the country and the latter remain accountable to the people. (v) Republic A democratic republic is an entity in which the head of state is elected. As opposed to a monarchy, the Indian Constitution prefers to remain a republic. The office of the head of the state is elective. This idea strengthens and substantiates democracy that every citizen of India after attaining a particular age is equally eligible to become the head of the state if he is elected as such. Political equality is its chief message. Any sort of hereditary rule is thus regarded as a disvalue in India. The objectives as stated in the preamble are: (i) Justice Justice is called a total value. The fathers of the Indian Constitution stressed that the positive constructive aspect of political freedom has to be instrumental in the creation of a new social order, based on the doctrine of socio-economic justice. The message of socio-economic justice mentioned in the preamble to our Constitution has been translated into several articles enshrined in part-III and part- IV of the Constitution. Our constitution abolishes untouchability; prohibits exploitation of the women, children and the weak and advocates for reservation to raise the standard of the people oppressed over ages. Whenever our government undertakes any developmental project it always adds a human face to it. Therefore, this ideal of a just and egalitarian society remains as one of the foremost objectives. (ii) Liberty It was well understood by the fathers of the Indian Constitution that the ideal of democracy was unattainable without the presence of certain minimal rights which are essential for a free and civilized existence. Therefore, the Preamble mentions these essential individual rights such as freedom of thought, expression, belief, faith and worship which are assured to every member of the community against all the authorities of States by Part-III of the Constitution. (iii) Equality Every citizen of India is entitled to equality before law and equal protection of law. As a human being everybody has a dignified self. Equality rights include the right to be treated equally with others in the matter of justice, taxation, and in public offices and employment. It also means that all laws shall be applicable equally. 17 It is therefore held as an important value. Articles 14 to 18 give effect to this principle (iv) Fraternity: Fraternity stands for the spirit of common brotherhood. In the absence of that, a plural society like India stands divided. Therefore, to give meaning to all the ideals like justice, liberty and equality our Constitution gives ample stress on fraternity. This has been a foremost objective to achieve in a country composed of so many races, religions, languages and cultures. Article-51A(e) therefore, declares it as a duty of every citizen of India to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities. Dignity of the individual: Fraternity and dignity of the individuals have a close link. Fraternity is only achievable when the dignity of the individual will be secured and promoted. Our Constitution therefore directs the state through the Directives enshrined in the Part-IV of our Constitution to ensure the development of the quality of life to all sections of people. Our Constitution acknowledges that all citizens, men and women equally, have the right to an adequate means of livelihood (Art. -39 a) and just and humane conditions of work (Art. -42). Unity and integrity of the Nation: To maintain the independence of the country intact and enduring, unity and integrity of the nation is very essential. Therefore, the stress has been given on the ideal of fraternity which would foster unity amongst the inhabitants. Without a spirit of brotherhood amongst the people the ideals of unity and integration of people and nation seem unattainable. CHAPTER V PREAMBLE:- A PART OF THE CONSTITUTION OR NOT? The vexed question whether the Preamble is a part of the Constitution or not was dealt with in two leading cases on the subject: 1. Berubari case 2. Kesavananda Bharti case Berubari case was the Presidential Reference Under Art. 143(1) of the Constitution of India on the implementation of the Indo-Pak agreement relating to Berubari union and exchange of enclaves which come up for consideration by a bench consisting of eight judges headed by B. P. Sinha, C. J. Justice Gajendragadkar delivered the unanimous opinion of the court. Quoting story, the eminent Constitutional jurist, the court held that the Preamble to the Constitution containing the declaration made by the people of India in exercise of their sovereign will, no doubt is a key to open the minds of framers of the Constitution which may show the general purposes for which they made the several provisions in the Constitution but nevertheless the Preamble is not a part of the Constitution. The holdings in Berubari Case18 has been succinctly summed up later by Shelat and Grover, JJ. In Kesavananda Bharti case as under: 1. A Preamble to the Constitution serves as a key to open the minds of the framers, and shows the general purpose for which they made the several provisions in the Constitution; 2. The Preamble is not a part of our Constitution; 3. It is not a source of the several powers conferred on government under the provisions of the Constitution; 4. Such powers embrace those expressly granted in the body of the Constitution and such as may be implied from those granted; 5. What is true about the powers is equally true about the prohibitions and limitations; 6. The Preamble did not indicate the assumptions that the first part of the Preamble postulates a very serious limitation on one of the very important attributes of sovereignty. Berubari case was relied on in Golaknath case19, Wanchoo, J. said- On a parity of reasoning we are of the opinion that the Preamble cannot prohibit or control in any way or impose any implied prohibitions or limitationson the bar to amend the Constitution contained in Article 368. Bachawat, J. observed- Moreover the Preamble cannot control the unambiguous language of the Articles of the Constitution. It is a matter of regret, yet the eminent Judges constituting the bench answering the presidential reference in Berubari Case overlooked a matter of record, that constitutional history. The motion adopted by the Constituent Assembly stated in so many words that the Preamble stands as a part of the Constitution. The error came to be corrected in Kesavananda Bharti20 case where the majority specifically ruled that the Preamble was as much a part of the constitution as any other provision therein. Kesavanada Bharati Case created a history when a bench of 13 Judges had assembled and sat in its original jurisdiction and heard the writ petition. It was held in this case: a. that the Preamble to the Constitution of India is a part of Constitution b. that the Preamble is not a source of power nor a source of limitations. c. the Preamble has a significant role to play in the interpretation of statues, also in the interpretation of provisions of the Constitution. It was now held that the Preamble was adopted as a part of the Constitution. The words â€Å"this Constitution† in Art. 368, therefore, includes the Preamble and it is not beyond the pale of the amending power, not does anything in the Preamble restrict the amending power conferred by Art. 368. CHAPTER VI ROLE OF THE PREAMBLE The importance and utility of the preamble has been pointed out in several decisions of the Supreme Court. Though, by itself, it is not enforceable in a court of law, the preamble to a written constitution states the objects which the constitution seeks to establish and promote and also aids the legal interpretation of the constitution where the language is found to be ambiguous. For a proper appreciation of the aims and aspirations embodied in our constitution, therefore, we must turn to the various expressions contained in the preamble. The Preamble to our Constitution serves two purposes: (a) It indicates the source from which the constitution derives its authority; (b) It also states the objects which the constitution seeks to establish and promote. The purpose of this preamble is to clarify who has made the Constitution, what is its source, what is the ultimate sanction behind it; what is the nature of quality which is sought to be established by the Constitution and what are its goals and objectives. The preamble to the Constitution is not a mere flourish of words, but was an ideal setup for practices and observance as a matter of law through Constitutional mechanism. 21 It was declared in I. C. Golaknath case that â€Å"it (preamble) contains in a nutshell, its ideals and its aspirations. The preamble is not a platitude but the mode of its realisation worked out in detail in the Constitution†22. The Preamble does not make any grant of power, but it gives a direction and purpose to the Constitution which is reflected in Parts III and IV. A comparison of the Preamble, with the broad features of this Constitution it would appear that the Preamble is an epitome of these features or put it differently these features on an amplification or concretisation of the concepts set out in the Preamble. The Preamble has the stamp of deep deliberation and is marked by precision. It would suggest that framers of the Constitution attached special significance to Preamble. The true function of the Preamble is to suspend the nature and extent and application of the powers actually conferred by the Constitution and not substantially to create them: (as per Shelet and Grover J. J. in Keshavanand Bharti v. State of Kerela) Other learned judges who expressed their opinion on Preamble state that: â€Å"From the Preamble, it is quite clear that the two primary objectives that were before the constituent assembly 1. To constitute india into a sovereign democratic republic and 2. To secure to its citizens the right mentioned therein. CHAPTER VII PREAMBLE SOURCE OF BASIC STRUCTURE The objectives specified in the preamble contain the basic structure of our Constitution, which cannot be amended in exercise of the power under Art 368 of the Constitution. In Bommai’s case23 the majority of nine Judges laid down a new application of the Preamble under the Constitution, which is as follows: 1. The Preamble indicates the basic Structure of the Constitution 2. A Proclamation under Article 356(1) is open to judicial review on the ground of violating the basic structure of the Constitution. 3. It follows that a proclamation under Article 356(1), which violates any of the basic features, as summarized in the Preamble of the Constitution is liable to be struck down as unconstitutional. 4. A further extension of this innovation is that a political party, which appeals to religion in its election manifesto, acts in violation of the basic structure, and the President may impose Presidents Rule on a report of the Governor that a party has issued such a manifesto. Keshavananda Bharati’s judgement helped in establishing the theory of â€Å"basic structure†. Para. 599 of the judgement reads as follows â€Å"The basic structure of the Constitution is not a vague concept and the apprehensions expressed on behalf of the respondents that neither the citizen nor the Parliament would be able to understand it are unfounded. If the historical background, the Preamble, the entire scheme of the Constitution, the relevant provisions thereof including Article 368 are kept in mind there can be no difficulty in discerning that the following can be regarded as the basic elements of the Constitutional structure. (These cannot be catalogued but can only be illustrated). 1. The supremacy of the Constitution. 2. Republican and Democratic form of Government and sovereignty of the country. 3. Secular and federal character of the Constitution. 4. Demarcation of power between the legislature, the executive and the judiciary. 5. The dignity of the individual (secured by the various freedoms and basic rights in Part III and the mandate to build a welfare State contained in Part IV. 6. The unity and the integrity of the nation. † Para. 1164 of the judgement reads as follows â€Å"The Preamble to the Constitution which our founding fathers have, after the Constitution was framed, finally settled to conform to the ideals and aspirations of the people embodied in that instrument, have in ringing tone declared the purposes and objectives which the Constitution was intended to subserve. How far the Preamble can be resorted to for interpreting the Constitution has been the subject of debate After referring to Story that the Preamble is a key to open the mind of the makers and a passage from Willoughby that it has never been regarded as source of any substantive power, etc. , the learned Chief Justice concluded thus : What is true about the powers is equally true about the prohibitions and limitations At the highest it may perhaps be arguable that if the terms used in any of the articles in the Constitution are ambiguous or are capable of two meanings, in interpreting them some assistance may be sought in the objectives enshrined in the preamble It may be pointed out that the passage from Story and Willoughby cited therein have not been fully extracted. For a proper appreciation of the views of these authors it is necessary to examine the relevant passages in, full. Story says, It is an admitted maxim that the preamble of a statute is a key to open the mind of the makers as to the mischiefs, which are to be remedied, and the objects, which are to be accomplished by the provisions of the statutethe will and intention of the legislature is to be regarded and followed. It is properly resorted to, where doubts or ambiguities arise upon the words of the enacting part for if they are clear and unambiguous, there seems little room for interpretation, except in cases leading to an obvious absurdity, or to a direct overthrow of the intention expressed in the preamble. There does not seem any reason why, in a fundamental law or Constitution of government, an equal attention should not be given to the intention of the framers, as stated in the preamble The preamble can never be resorted to, to enlarge the powers confided to the general government, or any of its departments. It cannot confer any power per se Its true office is to expound the nature, and extent, and application of the powers actually conferred by the Constitution, and not substantively to create them. We have the strongest assurances, that this preamble was not adopted as a mere formulary but as a solemn promulgation of a fundamental fact, vital to the character and operations of the government. (Story, Constitution of the United States, Vol. I, pp. 443-446). † CHAPTER VIII INTERPRETATIONAL VALUE OF THE PREAMBLE Preamble of the Constitution is framed with the great care and deliberation so that it reflects the high purpose and noble objective of the constitution makers. The recognition of the Preamble as a part of the Constitution has enhanced its value as an aid to interpretation of the constitution. Since it embodies the philosophy underlying the Constitution and it cannot be brushed aside as a surplusage, the Supreme Court has made frequent use of the Preamble in interpreting the substantive provisions of the Constitution I. A most clear case is where the language of an enacting provision of the constitution is ambiguous or capable of two meanings, the court should adopt that meaning which is consistent with the preamble or advances its purpose. II. An analogous case is where there is no provision in the constitution on the matter before the court, i. e. , on a matter on which the Constitution is silent. III. In the early case of Gopalan, it was observed that in interpreting the Fundamental Rights enumerated in part III of the Constitution, the high purpose and spirit of the preamble, namely, that it assured to the citizen the dignity of the individual and other cherished human values as a means to the full evolution and expression of his personality, should be borne in mind. IIIA. Major judgement in Keshavnanda Bharati’s case has strongly relied on the preamble in reaching the conclusion that power of amendment conferred by article 368 of the constitution was limited and did not enable Parliament to order basic structure or framework of the constitution. CONCLUSION Our Constitution is not just a mere set of fundamental laws that form the b