The Battle Of Stirling Bridge - 2361 Words

On September 11, 1297, before the Battle of Stirling Bridge in Scotland, William Wallace said â€Å"We come here with no peaceful intent, but ready for battle, determined to avenge our wrongs and set our country free.† (Tytler) He was captured by his enemy, the English and tried for treason and for atrocities against civilians in war. In his speech to the Virginia Convention on March 23, 1775, Patrick Henry was quoted â€Å"Give me Liberty, or Give me Death!† (Cohen) His speech convinced the Virginia House of Burgesses to commit the Virginia troops to the Revolutionary War against a tyrannical English government. Barack Obama gave a speech on June 9th 2009 in Cairo Egypt and stated, â€Å"No system of government can or should be imposed by one nation by any other. That does not lessen my commitment, however, to governments that reflect the will of the people. Each nation gives life to this principle in its own way, grounded in the traditions of its own people. America does not presume to know what is best for everyone, just as we would not presume to pick the outcome of a peaceful election. But I do have an unyielding belief that all people yearn for certain things: the ability to speak your mind and have a say in how you are governed, confidence in the rule of law and the equal administration of justice, government that is transparent and doesn t steal from the people, the freedom to live as you choose. These are not just American ideas. They are human rights. And that is why we willShow MoreRelatedSir William Wallace Essay1128 Words   |  5 PagesWilliam Wallace is believed to be one of Scotlands greatest national heroes. He led the Rising of 1297, in an attempt to reverse the loss of Scottish independence to England. He was knighted and made Guardian of Scotland. He later resigned after The Battle of Falkirk when he was defeated by the English cavalry. In August, 1305 he was arrested, condemned as a traitor, and killed. Scotland views Wallace as a national hero for his role in their freedom, however the English have viewed Wallace as a traitorRead MoreThe Battle of Bannockburn happened in 1314 just outside of Stirling, Scotland. It was a war between1300 Words   |  6 PagesThe Battle of Bannockburn happened in 1314 just outside of Stirling, Scotland. It was a war between the large English army and the much smaller Scottish army. The Scottish showed they were a force to be reckoned with when they took Stirling Castle for ransom. The English were trying to get the castle back from the Scottish which caused the Battle of Bannockburn Leading up to the Battle of Bannockburn, quite a few things happened. In 1290, Margaret, â€Å"the maid of Norway†, the heir to the ScottishRead MoreHistory 262 : Early Modern World History1889 Words   |  8 Pagesknowledge of the film before viewing goes. What I plan to do in this research essay is to write out the inaccuracies in the film, and address them with primary and secondary sources found throughout the Internet. I will talk about the backstory, the battles, and the true people who fought bravely during those turbulent times. According to Biography.com/WilliamWallace , â€Å"He was born in 1270 AD near Paisley, Renfrew, Scotland. In May of 1297, fed up with English rule, Wallace and 30 other men destroyedRead MoreGuardian of the Realm823 Words   |  3 Pagesand Tay. On Sept. 11, 1297, an English army under John de Warenne, earl of Surrey, confronted him at the Forth near Stirling. Wallace’s forces were greatly outnumbered, but Surrey had to cross a narrow bridge over the Forth before he could reach the Scottish positions. By slaughtering the English as they crossed the river, Wallace gained an overwhelming victory. He captured Stirling Castle, and for the moment Scotland was nearly free of occupying forces. In October he invaded northern England andRead MoreAnalysis Of The Movie Braveheart By William Wallace1570 Words   |  7 Pagestaken over by England. Therefore, the stories could, in fact, be true, although no evidence proves it. As Wallace grew up he learned how to fight battles logically, which overtime made him grow very respected with the men he met. He was taught to think before he would speak. He was a natural born leader and would hold his position firmly. This led to battles won where he had very few men, but a very passionate and trusting crew because Wallace was their leader. In 1296, the king of England, EdwardRead MoreHistorical Inaccuracy in Braveheart865 Words   |  4 Pagesof the characters in order stimulate public interest through the striking of some common chord that the public feels vigorously about. The story of William Wallace in the movie Braveheart while historically fairly accurate in the depictions of the battles while leaving out many important facts. Randall Wallace added some plot twists to make the story more appealing to the audience. All the plot twists and inaccuracies that were added in the movie Braveheart have several basic areas which include addingRead MoreEssay on William Wallace: Leader for Scotland ´s Independence961 Words   |  4 PagesWilliam Wallace is considered a legend in Scotland. For years, England and Scotland were at war, and behind many of the battles for Scotland’s independence was William Wallace. While the information about him, like any good hero, might be over exaggerated by some historians, wha t’s true is that he gave the country hope that Scotland could be free from English Tyranny. For years after he died, others took his place in saving Scotland from English rule. William Wallace was so famous among the ScotsRead MoreAlbany Essay1617 Words   |  7 Pagesexcavations have found evidence of sites dating back over 18,000 years. In 1826, Major Edmund Lockyer arrived abroad the Brig Amity to establish the first settlement in Western Australia, Albany. In 1832 the Governor of the Swan River Colony, Sir James Stirling visited the settlement. With the possibility of moving the Western Australian Capital to King George Sound he renamed the town Albany after the Duke of York and Albany. When the settlement at King George Sound was established in 1826, the MinangRead More William Wallace Essay1749 Words   |  7 Pagesnbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp; There is little to no information about William Wallace’s childhood years. He is believed to have spent these years with his Uncle, who was a priest, in Dunipace, near Stirling. It is assumed that William and his brother Malcolm lived a peaceful life, being as they were the sons of a nobleman. The boys were no strangers to the martial arts. The boys learned many skills of Swordsmanship and horsemanship. Contemporary chroniclersRead MoreTOK - Does all knowledge require some kind of rational basis?1658 Words   |  7 Pagesonly would Ali lose, but that he might actually die in the ring, but Ali’s unshakable belief contributed to his knowledge that he would prevail against the much younger and stronger Foreman. The examples also exist in wars, such as in the Battle of Stirling Bridge where the Scottish army, outnumbered five to one, defeated the English Army. The belief that each party had in themselves was the basis for the knowledge that they would win, and for that reasons they fought on. Regarding Michael Jordan

Managing Diversity Essay - 1812 Words

Managing Diversity Introduction Thirty years ago discrimination was a part of normal business activity. Work place diversity meant hire outside of your family not outside of your race. As a result, the federal government felt impelled to create employment laws. These new laws were implemented to eliminate discrimination and provide the means for advancement. As a consequence of this implementation, these laws have created possible barriers to maximizing the potential of every employee (Chan, 2000). Recently, the concept of diversity has completely changed from before. It was predicted that by the year 2005, women, minorities, and the disabled would dominate the workforce (Managing Diversity, 1999). Organizations that†¦show more content†¦Equal Employment Opportunity/Affirmative Action programs direct attention to laws that guide recruitment and promotion. 2. Valuing differences centers on interpersonal qualities that shape management’s relationships with their employees. 3. Managing diversity focuses on the diverse quality of employees work-life needs such as childcare, family leave, and flexible holiday schedules. It requires setting policies and procedures that empowers managers to meet employees needs (Galagan, 1999; Jenner, 1994; Wilkinson, 1999). Organizations intending to survive will need to implement all of the components listed above. Managing diversity will eventually make Affirmative Action and valuing differences unnecessary (Thomas Jr., 2000). - Why manage diversity? Diversity needs to be managed as a result of the demographic changes in the workforce. Surveys have revealed that demographic changes will reshape the workforce and the marketplace. They include: ï‚ · An increase in the number of minorities and immigrants in the labor pool ï‚ · An increase in the number of women in the workforce ï‚ · A shift in values with more workers putting loyalty to career above of loyalty to the company and seeking more balance between work and home life ï‚ · Illiteracy is on the rise, and simultaneously many jobs require a more skilled work force ï‚ · An aging population overall If a business is to succeed, these individual andShow MoreRelatedEssay about Managing Diversity in the Workplace1449 Words   |  6 Pagesorganizations need diversity to become more creative and open to change. Maximizing and capitalizing on workplace diversity has become an important issue for management today (UCSF). Workplace diversity refers to having a variety of different types of people working together within a place of business. Employee gender, race, religion, sexual preference, physical appearance, family or marital status, education, culture, personality, or tenure establishes diversity in the workplace. Diversity is rapidlyRead MoreManaging Diversity in the Workplace Essay3304 Words   |  14 PagesDiversity in the Workplace Abstract Imagine that you are a highly qualified former Hispanic executive who was recently laid off from a fortune 500 hundred company. Within that company you held several key roles in which you were crucial to the success of the organization. In the prior roles you may have never really understood the need or the process of managing diversity. You hold several advanced degrees in key business fields despite all of your experience education and the economy flourishingRead MoreManaging Diversity in the Workplace Essay2191 Words   |  9 PagesDiversity in the workplace is a subject that has gained increased attention over recent years. After all, the impact of affirmative action and equal employment opportunity programs on the nations work force is undeniable. Women and minorities were the first to dramatically alter the face of the economic mainstream, while gays, persons with disabilities and senior citizens followed not far behind. The result is a diverse American labor force represen ting a microcosm of our society - yet one thatRead MoreAn Article On Managing Cultural Diversity Within Sports Organizations : A Theoretical Perspective963 Words   |  4 Pagesaddress the issue of diversity in sports. For example, Leo Kahane, Neil Longley, and Robert Simmons wrote an article titled â€Å"The Effects of Coworker Heterogeneity on Firm-Level Output: Assessing the Impacts of Cultural and Language Diversity in the National Hockey League,† and this article talks about how teams and players have to deal with teammates that are culturally from a different background. Also, Alison J. Doherty wrote an article titled â€Å"Managing Cultural Diversity in Sport Organizations:Read MoreManaging Diversity2061 Words   |  9 PagesManaging Diversity Research Paper Proposal Anee Rork Team C University of Phoenix Managing Diversity Research Paper Proposal Workplaces today are become increasingly diverse with employees of different genders, races, cultures, ethnic origins, and lifestyles. There have been so many changes in the cultural make-up of organizations that it has become imperative for leaders and supervisors to understand cultural diversity and how it can affect their organization. By understandingRead MoreManaging Diversity3506 Words   |  15 PagesManaging Diversity in The Public Sector: A case Study of a Small City Council; by Mark Steger and Prof R. Erwee (20001) Definitions of diversity range from distributive concerns based on the traditional categories of race, ethnicity and gender to the addition of a vast array of differences in age, sexual orientation, disability, employment status, tenure, function, educational background, lifestyle, religion, values and beliefs in addition to race, ethnicity and gender. Diversity is a two-edgedRead MoreManaging Diversity1891 Words   |  8 Pagesnormal business activity. Work place diversity meant hire outside of your family not outside of your race. As a result, the federal government felt impelled to create employment laws. These new laws were implemented to eliminate discrimination and provide the means for advancement. As a consequence of this implementation, these laws have created possible barriers to maximizing the potential of every employee (Chan, 2000). Recently, the concept of diversity has completely changed from beforeRead MoreThe Importance of Managing Diversity906 Words   |  4 PagesDiversity Managing Diversity â€Å"Diversity can be considered and dimension that differentiates a person from another† (Noe, p 432). Diversity brings considerable benefits. Decision making and improved problem solving are great examples of what diversity can help with. Diversity also brings greater creativity and innovation, which leads to better product development; and more successful marketing to different types of customers. Diversity provides organizations with the ability to competeRead MoreManaging Cultural Diversity6595 Words   |  27 PagesARTICLES What is managing diversity and why does it matter? Sharon Mavin and Gill Girling University of Northumbria at Newcastle Abstract: In the UK, human resource practitioners and academics alike are becoming more aware of the emergence of managing diversity. But what does managing diversity actually mean, how does it translate into practice, and what does it matter? The following paper brie y debates the rhetoric of managing diversity and considers whether managing diversity is a distinct approachRead MoreManaging Diversity in the Workplace1043 Words   |  5 PagesManaging diverse employees in a multicultural environment proves challenging to managers; yet, increasing diversity in the workplace is very beneficial for an organization. Diverse employees will provide a wider array of talents and will relate better to varied customers. Because managers have more influence than rank-and-file employees, it is imperative that managers commit to diversity of the workforce. Dissimilarities among people due to differences in characteristics can erode companies. Firstly

Rule of law under Indian Constitution free essay sample

INTRODUCTION India being one of the most powerful democratic nation in the world, guided by the Constitution, which declares it to be Secular, Socialist, Republic and at the same time we are governed by Rule of Law. Law is the supreme authority which confers rights to its citizens and under which most important is the â€Å"Equality before the law† and â€Å"Equal protection of Law†. The constitution of India has been made the supreme law of the country and other laws are required to be in conformity with it. Any law which is found in violation of any provision of the constitution, particularly, the fundamental rights, is declared void. The Indian constitution also incorporate the first principle of Dicey i. e. equality before law and equal protection of laws. The Rule of Law embodied in Article 14 is the â€Å"basic feature† of the Indian Constitution and hence it cannot be destroyed even by an amendment of the Constitution under Article 368 of the Constitution. In India, the meaning of Rule of Law has been applied differently in different cases by the judiciary. Before moving further, dimensions of Article 14 of the Constitution of India is very vital to discuss. Both positive as well as negative discrimination of this Article came and Supreme Court and various High Courts from time to time have summarized their decisions in different cases. Dicey’s rule of law has been adopted and incorporated in the Indian Constitution. The Preamble itself enunciates the ideals of justice, liberty and equality. In chapter III of the Constitution, these concepts are enshrined as fundamental rights and are thus made enforceable. The Constitution is supreme and all the three organs of the government, viz. legislature, executive and judiciary are subordinate to and have to act in accordance with it. The principle of judicial review is embodied in the Constitution and subjects can approach the High Courts and Supreme Court for the enforcement of fundamental rights guaranteed under Indian Constitution. No person shall be deprived of his life or personal liberty except according to the procedure established by law or of his property save by the authority of law. The government and the public officals are also not above the law. They are also subject to the jurisdiction of ordinary courts of law and for similar wrongs are to be tried and punished similarly. They are not immune from the ordinary legal process nor is any provision made regarding separate administration courts and tribunals. In public services too, the doctrine of equality is accepted. Thus, it appears that the doctrine of rule of law is embodied in the Indian Constitution, and is treated as the basic structure of the Constitution. The guarantee of equality before the law is an aspect of what Dicey calls the rule of law in England. Rule of Law has many different facets and because of its indiscriminate promiscuous use, has meant different things to different people at different times. In simpler terms, this means that no man is above law and that every person, whatever be his rank or condition, is subject to the jurisdiction of ordinary courts. Also, it requires that no person shall be subjected to harsh, uncivilized or discriminatory treatment even when the object is the securing of the paramount exigencies of law and order. It is the basic rule of governance for any enlightened civilized society’s effort as it is not merely a legalistic slogan. It is a kind of commitment to certain traditional principles and values. Dicey’s rule of law has been embodied in Article 14 of the Constitution which is the â€Å"basic feature† and hence it can’t be destroyed even by an amendment of the Constitution under Article 368 of the Constitution. RULE OF LAW: MEANING Dicey has included three distinct though kindered ideas in Rule of Law. 1. Supremacy of law Explaining the first principle, Dicey states that rule of law means that the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power or wide discretionary power. Acc. To him, the Englishmen were ruled by the law and by the law alone; a man with us may be punished for a breach of law, but can be punished for nothing else. Simply it means the absolute supremacy of law as opposed to the arbitrary power of the Government. If there is cogent evidence of commission of a grave crime for which an ordinary citizen would be arrested, the law cannot be differently applied depending on the status of the person. However high you may be, law is above you. 2. Equality before law- It means that subjection of all classes to the ordinary law of the land administered by ordinary law courts. This means that no one is above law with the sole exception of the monarch who can do no wrong. Dicey, explained this principle of the rule of law as there must be equality before the law or the equal subjection of all classes to the ordinary law of the land administered by the ordinary law courts. Acc. To him, in England, all persons were subject to one and the same law, and there were no extraordinary tribunals or special courts for officers of the government and the other authorities. Though he criticized the French legal system of droit administratif in which there were separate Administrative Tribunals for deciding cases between the officials of the State and the Citizens. Acc. To him, exemption of the civil servants from the jurisdiction of the ordinary courts of law and providing them with special tribunals was the negation of equality. The Constution has further taken care to provide us with bulwark that guards the freedom of an average citizen, it is the law court. Courts of justice are more important than even the military to guard the freedom of the country and of the individual by enforcing adherence to the rule of law. In the case of, State of West Bengal v. Anwar Ali Sarkar , it was clearly held that â€Å" all persons shall be treated alike both in the privileges conferred and liabilities imposed by the laws. Equal laws should be applied to all in the same situations, and there should be no discrimination between one person and another. † Thus, the simple rule is that the like should be treated alike and not that unlike should be treated alike. Also, the Supreme Court in Basheshar Nath’s case in 1959 observed that the principle of the Rule of Law was an essential element of the guarantee of equality. 3. Judge made Constitution- We may consider the position prevailing in India vis-a-vis the third principle i. e. , the doctrine of Judge made Constitution or predomination of legal spirit. Until recently, this principle was being studied and examined in context of interpreting the provisions of the Constitution and in Chief Settlement Commr. v Om Prakash , the Supreme Court observed: â€Å"In our constitutional system, the central and most characteristic feature is the concept of of rule of law, which means, in the present context, the authority of the law courts to test all administrative action by the standard of legality. The administrative or executive action that does not meet the standard will be set aside if the aggrieved party or person brings the appropriate action in the competent court. The Rule of Law rejects the conception of the dual state in which the governmental action is placed in a privileged position of immunity from contrl by law. Such a notion is foreign to our basic constitutional concept. † (emphasis supplied) The First and the second aspects apply to Indian system but the third aspect of Dicey’s rule of law does not apply to Indian system as the source of rights of Individuals is the Constitution of India. The Constitution is the supreme Law of the land and all laws passed by the legislature must be consistent with the provisions of the Constitution. Equal protection of the laws: The guarantee of equal protection of laws is similar to one embodied in the 14th Amendment to the American Constitution. This has been interpreted to mean subjection to equal law, applying to all in the same circumstances. In Raghubir Singh v. State of Haryana the court held that, â€Å" The rule of law imposes a duty upon the State to take special measures to prevent and punish brutality by police methodology. Exceptions to the Rule of Law: This rule of equality is, however not an absolute rule and there are number of exceptions to it. (i)â€Å"equality before the law† does not mean the ‘powers of the private citizens are the same as the powers of the public officials’. Thus, a police officer has the power to arrest while no other private person has this power. Rule of Law explicitly doesn’t require that these powers should be clearly defined by the law and that abuse of authority by public officers must be punished by ordinary courts in the same manner as illegal acts committed by any private person. (ii)The rule of law doesn’t prevent certain classes of persons being subject to special courts. Thus, the members of armed forces are controlled by military laws. Also under Article 361 of the Indian Constitution, during the term of his/her office, the Governor of a state or the President shall not be answerable to any criminal offences. (iii)Today ministers and other executive bodies are given very wide discretionary powers by a statute. And as a result of which such power is been abused. Today, a large no. of legislations in the form of delegated legislation i. e. , rules, orders are been made by the ministers and it is not directly under the Parliament’s power. (iv)Certain members of the society are governed by special rules in their professions, i. e. , lawyers, doctors, members of armed forces and police. Such clauses are treated differently from ordinary citizens. The Constitution itself contains provisions which, under certain circumstances, limit the effectiveness of Art. 14. (i)The scope of right to equality U/A 14 has been considerably restricted by the 42nd Amendment Act, 1976. The new Article 31-C added by the amendment act provides that the laws made by the State for implementing the Directive Principles contained in clause (b) or clause (c) of Article 39 can’t be challenged on the ground that they are violative of Article 14. In Sanjeev Coke manufacturing co. v. Bharat cooking Coal Ltd. The Supreme Court has held that â€Å"where Art. 31-C comes in, Article 14 goes out. (ii)Article 359(1) provides that where a proclamation of emergency is in operation the President may, by order, declare that the right to move any court for the enforcement of such rights conferred by Part III( except Arts. 20 and 21) shall remain suspended. Thus, if the President of India issues an order, where a Proclamation of Emergency is in operation, enforcement of Article 12 may be suspended for the period during which the proclamation is in force. (iii)Article 361 lays down that the President and the Governors are exempted from any criminal proceeding during the tenure of their office. (iv)Under International Law, foreign sovereign and ambassadors enjoy full immunity from any judicial process. This is also available to enemy aliens for acts of war. Article 14 permits classification but prohibits class legislation. The equal protection of laws guaranteed by Article 14 does not mean that all laws must be general in character. It does not mean that the same laws should apply to all persons. It does not mean that every law must have universal application for, all persons are not, by nature, Attainment or circumstances in the same position. The varying needs of different classes of persons often require separate treatment. From the very nature of the society there should be different laws in different places and the Legislature controls the policy and enacts laws in the best interest of safety and security of the State. In fact, identical treatment in unequal circumstances would amount to inequality. So, a reasonable classification is only not permitted but is necessary if society is to progress. Thus, what Article 14 forbids is class-legislation but it does not forbid reasonable classification. The classification, however, must not be â€Å"arbitrary, artificial or evasive† but must be based on some real and substantial distinction bearing a just and reasonable relation to the object sought to be achieved by the legislation. Article 14 applies where equals are treated differently without any reasonable basis. But where equals and unequals are treated differently, Article 14 does not apply. Class legislation is that which makes an improper discrimination by conferring particular privileges upon a class of persons arbitrarily selected from a large number of persons, all of whom stand in the same relation to the privilege granted that between whom and the persons not so favoured no reasonable distinction or substantial difference can be found justifying the inclusion of one and the exclusion of the other from such privileges. Test of Reasonable Classification- Article 14 forbids class legislation, but it does not forbid reasonable classification of persons, objects and transactions by the legislature for the purpose of achieving specific ends. Classifications to be reasonable must fulfill two conditions:- (c)The classification must be founded on an intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group; and (d)The differentia must have a rational relation to the object sought to be achieved by the Act. The important thing is that there must be a nexus between the basis of classification and the object of the Act which makes the classification. K. K. Mathew, J. highlighted the negative concept of the doctrine of equality before the law, as traditionally understood and posed the question whether the command of Article 14 is merely to ban creation of equality or to eliminate inequalities ? According to him Formal equality before the law has been found to be a shame in many areas. The true meaning and scope of Article 14 have been explained in a number of cases by supreme Court. In re-Special Court Bill case, Chandrachud, J. , (as he then was) reformulated new propositions to be followed regarding the applicability of Article 14. But this has been rightly criticized by Mr. Seervai as making the well-settled principles unsettled and creating confusion and uncertainity and encouraging litigation. The principles laid down by Das, J. , in Ramkrishna Dalmia v. Justice Tendolkar has not been disputed by Chandrachud, J. , and therefore there was no need to reformulate the same unless it was necessary to add something to the existing principles. In Sagir Ahmad v. State it has been clearly held that. â€Å"The question whether a classification is reasonable, and proper or not, must, however be judged more on commonsense than on legal subtleties. † New concept of Equality: Protection against Arbitrariness- â€Å"In E. P. Royappa v. State of Tamil Nadu, the Supreme Court has challenged the traditional concept of equality which was based on the reasonable classification and has laid down a new concept of equality. Chandrachud and Krishna Iyer, JJ. Propunded the new concept of equality in the following words- â€Å"Equality is a dynamic concept with many aspects and dimensions and it cannot be ‘cribbed, cabined and confined’ within traditional and doctrinal limits. From a positivistic point of view, equality is antithesis to arbitrariness. In fact, equality and arbitrariness are sworn enemies; one belong to the Rule of Law in a republic while the other, to the whim and caprice of an absolute monarch. Where an Act is arbitrary, it is implicit in it that it is unequal both according to political logic and constitutional law and is therefore violative of Article 14. † In Maneka Gandhi v. Union of India, Bhagwati, J. , again quoted with approval the new concept of equality propounded by him in the E. P. Royappa case. He said :- â€Å"†¦. Equality is a dynamic concept with many aspects and dimensions and it cannot be imprisoned within traditional and doctrinal limits. Article 14 strikes at arbitrariness in State action and ensures fairness and equality of treatment. The principle of reasonableness, which legally as well as philosophically, is an essential element of equality or non-arbitrariness, pervades Article 14 like a brooding omnipresence. † The basic postulate of the Rule of Law is that â€Å"justice should not only be done but it must also be seen to be done. † The society is composed of unequals and a welfare State has to strive by both executive and legislative action to help the less fortunate and to improve their condition so that social and economic unequality in the society may be bridged. This would require a law to be made applicable to that group in order to ameliorate their lot. Desai, J. , said that the doctrine of classification was evolved to sustain a legislation of State action in order to help the weaker sections of the society or some such segments of the society in need of succor. In ADM Jabalpur v. Shivakant Shukla, it is one of the most important cases when it comes to rule of law. In this case, the question before the court was ‘whether there was any rule of law in India apart from Article 21’. This was in context of suspension of enforcement of Articles 14, 21 and 22 during the proclamation of an emergency. The answer of the majority of the bench was in negative for the question of law. However Justice H. R. Khanna dissented from the majority opinion and observed that â€Å"Even in absence of Article 21 in the Constitution, the state has got no power to deprive a person of his life and liberty without the authority of law. In India, there are a few instances where Judiciary has infringed upon the areas of Executive and Legislature and this can be said from the example of the present Reservation system. Judiciary was against the fact of giving reservations to the creamy layer but the Executive and Legislature was not in favor of this. â€Å"Though many of them had critiqued about Rule of Law in Indian Constitution. Acc. To them, Law changes with time. As time evolves, Law has to change in that way. They see Rule of Law simply as a tool for guiding and maintaining the status quo of the society. For them maintain status quo is far from being neutral, serves to protect the powerful at the cost of others. More extreme critics claim that [t]he liberal paradigm has destroyed the rule of law. The rationale behind this statement is that, considering the real state of the world, many equate the rule of law with legality. However, this is a flawed equation as [l]egality simply means that there are laws and says nothing about the quality of those laws. Hence, there are many lacunas in the concept of rule of law which servers the reason of non-implementation of the concept properly. †

Sports Utility Vehicles Essay Example

Sports Utility Vehicles Essay The automobile industry in the US and elsewhere in the world has spent a significant amount of their marketing budgets to promote the sale of Sports Utility Vehicles. They promote the benefits of these vehicles as tools capable of conquering the toughest environment whilst ensuring the safety of its owners. Yet few have acknowledge the real cost of these vehicles. The purpose of this paper is to discuss that cost in further depth. Our intention, through research, is to analyze the adverse effect that these vehicles have in terms of the environment, health and safety. As a result, we will discover the real cost of SUV power and observe measures that can be taken to address these problems. Sports Utility Vehicles: The real cost of power. Sport Utility Vehicles have become very popular vehicles over recent years, and this popularity has increased since the 1980’s. They have become a â€Å"preeminent symbol of American popular culture† (David Goewey 113). They are powerful vehicles, which also cost a lot to run. The SUV, usually sold with four-wheeled drive, is a modern phenomenon. It is a hybrid vehicle, which has all the comforts of a luxury car linked with the four-wheel qualities of a light truck. Their reputed ability to be able to traverse natural terrains with safety and power has found favor with the consumers, and manufacturers of these vehicles have been quick to exploit these reasons to their own advantage. The Jeep promotional material is a typical representation of this ethos (see Jeep.com, opening page), with their SUVs being shown against a variety of natural backgrounds such as mountains, deserts, and rugged water environments. We will write a custom essay sample on Sports Utility Vehicles specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Sports Utility Vehicles specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Sports Utility Vehicles specifically for you FOR ONLY $16.38 $13.9/page Hire Writer In this report, we ask the question are these vehicles safe and environmentally friendly? The result of our research concludes that these vehicles extract a serious cost in terms of health and safety and upon the environment. The success of the automobile industry’s promotional campaigns has led to a steady increase in the sale of SUV’s over the past two decades. Despite the projection of them being rugged off-road vehicles, only around 10% ever fulfill that purpose (Keith Bradsher, sec 1:1). Another interesting fact is that, as David Goewey (118) reports, female consumers now account for 40% of SUV’s sales. Because of this popularity, these vehicles have attracted a considerable amount of research attention. Most of this has concentrated upon two aspects. The first is the safety aspect of the SUV in terms of their performance in accidents. The second aspect is their environmental cost, where many argue that fuel consumption and emission have a damaging effect. The ethos of many consumers when purchasing their vehicles is the safety element. In general terms consumers reach the decision to purchase an SUV upon the reasoning of self-interest, in other words how safe their automobile is for themselves and their family. Much of this perception results from the psychology of the drivers themselves. A report in the New Yorker (Malcolm Gladwell para 3) suggests that the SUV explosion has been brought about by a change in the way that drivers perceive danger, with the emphasis now being on the inevitability rather than the avoidability of accidents. The report quotes Stephen Popiel, a vice-president of a market research firm in the automobile industry, who says that most consumers’ thoughts are that, â€Å"if I were to take this vehicle and drive it into this brick wall, the more metal there is in front of me the better off Ill be.†(Gladwell, para 2) Few would consciously consider the safety element as it may affect other road users, including pedestrians, cyclists and other vehicle drivers. The evidence, as shown in numerous researches carried out on the subject, proves that this is not the case. In addition, it shows that SUV’s can present a serious safety hazard to other road users as well as to those who use the vehicles. As part of the research for Gladwell’s article (Gladwell para 2), he cites that a SUV (Chevrolet Trailblazer) was compared in tests against a Porsche Boxster in two tests. The first was an obstacle test, with cones representing a variety of other road users. In the SUV, traveling at thirty-miles an hour the reporter struggled to complete the tests, and knocked down a number of the obstructions as well as creating difficult conditions inside the vehicle with passengers being thrown around. In a real life scenario, it would have resulted in some injuries, if not fatalities. The instructor explained, â€Å"Thats what the extra weight that S.U.V.s have tends to do.  Ã‚   It pulls you in the wrong direction.† An identical driver in the Boxster, at a speed of fifty miles an hour, resulted in all the obstacles being avoided and a smooth drive. In a second test, the stopping distances of the two vehicles were compared. Both were tested for emergency stops from sixty miles an hour. The results were that it took the Trailblazer around 150 feet to come to a halt, against the Boxster’s 124. In real traffic terms, the difference represents around two car lengths. The results are supported by other research and support the validity of safety concerns. Further research has concentrated upon other aspects of the results of accidents and safety. A report by Lefler and Gabler (p.295-304), concentrated on the fatality rates with pedestrians and showed that these doubled in the case of an accident involving an SUV when compared with an ordinary passenger car. Other studies confirm these findings. Although the weight of the vehicle is a contributory factor in these findings, it was found that the major reasons for the fatality increase was due to the design difference between the two types of vehicles. Being lower to the ground and with a more curved front, the passenger car impacted upon the pedestrian at lower leg level, therefore causing less immediate damage to a persons mid regions. The first point of impact with a SUV would be at mid region level, resulting in a higher incidence of damage that could be fatal. Therefore, the SUV does pose an increased safety risk. A similar increase in the cost of human damage can be seen where the other party in the accident is in a vehicle. In Keith Bradsher’s (2004) book on the subject, he covers various research related to the subject of accidents involving two or more vehicles. The results show that there would be a significantly higher incidence of fatalities in a passenger car/SUV accident than if two passenger cars were involved. In fact, research has shown that in a two-passenger car accident there was almost half the number of fatalities than if two SUV’s were involved with a similar incident. There have also been a number of researches conducted into the inherent safety of the SUV vehicle itself. The most significant of these have been targeted at the rollover inclination of an SUV. As we identified recently in the test that was undertaken for the Commerce and Culture (Malcolm Gladwell para 2) article, the stability of these vehicles at relatively low speeds, when encountering driving obstacles was found to be questionable. The problem is that as these speeds increase, so does the instability levels, and in the event of a sharp response to a hazard, be that because of physical obstacles or weather conditions, it increases the likelihood of the vehicle rolling over. In addition to safety concerns, the other area of SUV proliferation of ownership that is causing considerable concern is their environmental impact. Due to the format of the US automobile legislation, SUVs are classed as light trucks. Therefore, they are not subjected to the same strict levels of fuel consumptions and emissions as the passenger car. Manufacturers of these vehicles have taken advantage of this more relaxed level of regulation. Sinantha Songseng (2004) research paper shows that average automobile fuel consumption in the US dropped to 23.8 miles per gallon in 1999, which set the lowest recorded level for nearly twenty years. This coincided with the significant increase in the sale of SUV’s and their much lower fuel economy at 20.3 mpg, with many recording well below this level. This means that considerably more natural gas and petroleum products are being used to sustain these vehicles. Records show that SUV’s and light vehicles is accounting for 40% of US oil consumption. (Songseng par 2) Furthermore, as the report continues, there is the additional environmental issue in respect of the SUV emission levels. Because of loopholes within the Clean Air Act, these vehicles are legally allowed to emit â€Å"30% more carbon monoxide and hydrocarbons and 75% more nitrogen oxides than passenger cars.† (Songseng par 3) This creates problems in two areas. Firstly, there is the effect that this has on the health of the population. These emissions in built up areas, reacting with the sun’s rays, can create smog conditions at ground levels. This can lead to breathing difficulties and damage human lungs. In the report Sinantha Songseng reported the results of a study carried out by Loma Linda University in 1991, which showed that various cancer incidences had risen by 37% increase, with lung cancers recording a 72% increase. The results were from a survey of women who had resided for ten years in cities that had recorded smog conditions on at least 42 days annually. Equally important is the issue of environmental damage, in particular the effect that carbon dioxide emissions, a by-product of motor fuel consumption, are having on global warming. Global warming is reported to be affecting weather conditions, including temperatures, rises in sea levels and increasing the risks of health problems and natural disasters. The following table shows the dramatic rise in the US carbon dioxide emissions in the eight years to 1998. Source of Data: Energy Information Administration, U.S. Department of Energy reported in Sinantha Sonseng (2000) nbsp; The rise in the number of SUV’s has contributed significantly to this rise in emissions, contributing an additional 717 million metric tones of carbon dioxide emissions. This is around three times as much as the emissions from a standard sized passenger car. (Songseng par 4) nbsp; All of the research that has been studied in the preparation of this report, together with the evidence seen, confirms that SUV’s are having a significant detrimental impact on both health and safety issues and the environment. This research has not taken into account the financial costs of these problems. However, it is apparent from the research that they need to be addressed. This is the responsibility of all of those involved with this phenomenon, including the governments, manufacturers, consumer and other organizations. The government has made some efforts in this respect. In his letter to the major manufacturers, Hardy Myers (2003), then Attorney General, admonished them for their advertising methods and warned that the â€Å"could be in violation of [the individual states] consumer protection laws.†(Myers letter 2003) He further warned that their advertising, similar to that seen in the Jeep (2006) promotions, failed to adequately address issues of safety. However, in terms of the environment, the government could take further steps to improve the situation by reclassifying these vehicles with more stringent emission controls. The Songseng (2000 par 2) research confirmed that there is the technology in place to enable compliance with such changes. Manufacturers have a major responsibility in these areas. They need to respond positively to the advice and warnings being issued by governments and other researches in terms of safety. This can be achieved by changing the tone of promotional campaigns, emphasizing the different driving attitudes and experienced attributable to an SUV, and seeking design changes that would make their vehicles safer. In addition, there is an urgent need to utilize the available technology to significantly reduce the environmental impact of SUV’s. Although some small steps have been taken in this direction, it is not enough and well below their capacity to do so. There is also a need to educate consumers. In addition to making the information more publicly available, the attitude of the consumer needs to be altered so that they approached their decision on purchasing a SUV based upon knowledge of the risk, awareness of the environmental impact and, based upon this, would use logical reasoning in that choice. In this situation, they would be fully aware of the damage these vehicles can do to other road users as well as the environment. There is little doubt that an SUV represents at present a vision of protection and power in the minds of the consumer who makes the purchase. What is less obvious to them and to a certain extent is being denied to them, are the full facts regarding the cost of that power.