Essay Samples - Important Aspects of Writing an Essay

Essay Samples - Important Aspects of Writing an EssayWriting an essay with the help of essay samples is not just a valid method of writing but also it has many other qualities that make it effective. Nowadays, in this competitive world, there are quite a lot of people who are trying to study in the best universities which have excellent teaching resources. Due to this reason, they seek for sample essays which are of excellent quality and writing skills.There are a lot of types of essay which can be used by a student who is just starting to write an essay. The factors that are needed to be considered by any student for the reason of getting such a sample will be the following.First of all, the quality of the essay should be very high and the research done should be very good and must be of good quality. The particular writer must have thorough knowledge about the subject in hand. The correct answer to a question which is prepared is quite important. In fact, a full proof is required t o prove that a full proof of the writing skill of the person is done.The essay sample has to have all the ways of going about the subject in the oral communication skills of the writer. The book written has to be seen by the teacher to be sure that it fits the teaching requirement of the syllabus of the student.The essay should have a unique style in a positive way. There are instances when the essay should have several variations of the essay written in such a way that makes it quite confusing for the reader and hence this goes to determine the writing skills of the student. The reader will not have the urge to leave the essay due to such reasons.The essay should be so structured and these writing skills are of the most important piece. The style which is followed should be classic and it should have all the importance and originality. The wordings should not be too informal and there should be an interesting story in them to make it more exciting for the reader.These essay samples can help you in the writing and editing of an essay. You just have to make sure that you use it in a positive way.

Fast Food Nation By Eric Schlosser - 865 Words

Many Americans today may not realize how much money is spent on food to support a family. In the book Fast Food Nation, by Eric Schlosser he talks about how fast food affects American Society. He talks about how much money is spent on fast food, which is $110 billion dollars. Eric Schlosser says that many Americans spend more money on fast food then they do on cars and education. He mentions many food companies such as McDonalds, Taco Bell, Pizza Hut and how it can be â€Å"the world’s largest provider of death care services†.(Schlosser 5) In Fast Food Nation, â€Å"Working class families could finally afford to feed their kids restaurant food.†(Schlosser 20) What Eric Schlosser is saying is that many people who are rich can afford to buy a lot of food. In The epilogue of Fast Food Nation, Eric Schlosser talks about a man named Dale Lasater who worked with cattle. Dale was fighting against the Beef Trust, which would not buy his cattle. Many Americans who eat beef today may feel like someday Mad Cow Disease will develop, â€Å"Meat is off the menu. Achieving replacement level fertility, reducing food loss and waste, reducing biofuel demand for food crops and shifting our diets, will all go some way to closing the gap between food available and food required.†(â€Å"5 Ways Cattle Help The Environment†) Eric Schlosser, makes the reader focus on Dale Lasater and his property line, and how it did not go well due to a decrease in population. Many fast food companies should make sure to haveShow MoreRelatedFast Food Nation by Eric Schlosser957 Words   |  4 PagesFast Food Nation Fast Food Nation by Eric Schlosser was overall an alarmingly convincing tale. Schlosser’s ability to subtly drop facts regarding the negative aspects of the fast food industry that so profoundly swayed the reader wa extremely effective. Schlosser did not come out and state his opinion bluntly at any time throughout the novel. Instead, he would incorporate the right facts here and there to persuade the reader to feel the same way about the fast food industry that he felt: negativelyRead MoreFast Food Nation By Eric Schlosser1678 Words   |  7 Pagestougher food safety laws, it should protect American workers from serious harm, it should fight against dangerous concentrations of economic power (Schlosser). People must wonder how is it that a fast food company has so much customers. Advertising is the answer. The power advertisers have to be able to influence so many people s decisions and affect people’s lives especially the lives of young children is incredible. Adver tisers know just who to target and they research how too. In Eric Schlosser’sRead MoreFast Food Nation By Eric Schlosser1253 Words   |  6 Pagesand shipping ports. Cattle and other livestock arrived by railroad. After the animals were slaughtered, they would be shipped to meat counters around the country and overseas. In his book Fast Food Nation, Eric Schlosser writes about the changes in the meatpacking industry. Among those changes, Schlosser explains, Iowa Beef Packers (IBP) changed the entire meatpacking industry by turning the business of slaughtering animals into an assembly line. Meatpacking no longer requires skilled workersRead MoreFast Food Nation By Eric Schlosser1596 Words   |  7 Pagesconsumerism and big business. Companies selling cheap food and cheap goods are scattered across the nation in every state and town. This is Eric Schlosser’s main topic in his novel Fast Food Nation. From telling the start of the first fast food restaurants in Amer ica, to explaining how the food is made, Schlosser s covers the whole history of the world wide food phenomenon. Eric Schlosser is an American journalist and Author of Fast Food Nation. He was born in Manhattan, New York, but grew up inRead MoreFast Food Nation By Eric Schlosser848 Words   |  4 PagesLAST THREE DECADES, fast food has infiltrated every nook and cranny of American society†, Schlosser writes. Fast Food Nation, written by Eric Schlosser, includes topics about fast food chains impact on the community, jobs relating to fast food, and health issues. Fast Food Nation uses logic to appeal to the aspects of fast food chains by giving relatable examples from the devastating effects on the communities to the millions of jobs offered for our country. Moreover, fast food chains have contributedRead MoreFast Food Nation, by Eric Schlosser Essay1928 Words   |  8 Pagesmost shocking books of the generation is Eric Schlosser’s Fast Food Nation. The novel includes two sections, The American Way and Meat and Potatoes,† that aid him in describing the history and people wh o have helped shape up the basics of the â€Å"McWorld.† Fast Food Nation jumps into action at the beginning of the novel with a discussion of Carl N. Karcher and the McDonald’s brothers. He explores their roles as â€Å"Gods† of the fast-food industry. Schlosser then visits Colorado Springs and investigatesRead MoreFast Food Nation by Eric Schlosser Essay1205 Words   |  5 Pagesmake then at first glance. Eric Schlosser’s book Fast Food Nation delves deep into the intricate workings of the fast food industry to expose mistreatment and cruelty towards workers in the business, just as Upton Sinclair had done in the early 1900’s regarding the meat packing industry. Schlosser is able to bring light to the darkness behind the All-American meal through extensive research and personal confrontations of which he has high regards for. Fast Food Nation is a good literary nonfictionRead MoreAnalysis of Eric Schlosser ´s Fast Food Nation811 Words   |  3 PagesEric Schlosser’s novel Fast Food Nation provides a deep insight into the systematic and unified world of the fast food industry. From the title alone, readers develop a clear sense of the author’s intention for writing this book. Schlosser’s purpose for writing the novel is to raise awareness about the impact and consequences of fast food industries on society. The purpose of the novel is achieved by the author’s use of personal stories, and by relating fast food to various aspects of society. Read MoreThe Slaughterhouse By Upton Sinclair And Fast Food Nation By Eric Schlosser1015 Words   |  5 PagesHowever, not all industries have had significant advancements in today s modern world. For example, the food industry has been lacking in the basic necessities needed to sustain a safe, humane work environment, especially in the meat industry. Excerpts from The Jungle by Upton Sinclair and Fast Food Nation by Eric Schlosser elaborately explain the horrible environments inside the factory. Schlosser mainly addresses how unfit the conditions are for the workers, while Sinclair informs the reader of howRead MoreReview Of Stephen King And Fast Food Nation By Eric Schlosser1334 Words   |  6 Pagesreading included On Writing by Stephen King and Fast Food Nation by Eric Schlosser, both of these novels were very different and taught us different things.   One Writing gave us tips on how to be a good writer and different techniques King uses in his works while also being fun to read and really well written. Fast Food Nation was a very interesting, thought provoking book that spoke about the relevant and controversial topic of meat production in fast food restaurants. Both works are very relevant in

Marketing Strategies For A Marketing Strategy - 1177 Words

In recent years, market has become more complex that there are many different kinds of companies appeared. Moreover, the competition between these companies in marketing has become more intense. Practice effective marketing strategies is very important for most of the companies who want to be successful and to become leaders in marketing. Strategy is part of marketing techniques that combine all the market goals which are the company needs to make a completed plan in order to increase sales and maintain customers (Bennie, 2016). Marketing strategies have been extensively studied in the marketing area. For example, marketing strategy was discussed in by Robert Morello who has an extensive business background in marketing area. As for the†¦show more content†¦The second one is Concentrated Targeting Strategy, which is a strategy used to choose one segment of a market for targeting marketing efforts. Take CVS Caremark as an example, CVS makes women as their target customers sin ce about 80% of its merchandise is make-up. The last strategy is Multisegment Targeting Strategy which is a strategy that chooses two or more well-defined market segments and develops a distinct marketing mix for each. PG is one of the examples of this strategy that offers 18 different laundry detergents, each targeting a different segment of the market (Bennie,2016). In modern society, marketing strategy has been changed by the companies with worthy developments, such as the insolation of a target market segment, a set of clear-cut goals, a fair amount of consumer research, and the implementation of initiatives which aimed at getting the word out (Morello). The main point in marketing strategy is the effects of specific elements and how they make an effect on a company’s position in the modern market. The elements of marketing strategy include Advertising, Promotion, Customers Service and Quality (Markgraf). Those are the most important elements which they are significant r oles in marketing strategy. In this literature review which examined 6 articles relates to how different strategies will be used into different countries. I

Poverty and a Lack of Education are Fueling Juvenile Crime...

Poverty and a Lack of Education are Fueling Juvenile Crime In the early 1960s, the epidemic of juvenile crime began to take shape. The problem of juvenile crime is becoming an increasingly pressing matter in America. Anyone who watches the news on television or reads the newspapers is well aware of the urgency and intensity of Americas juvenile crime problem. Effectively establishing the causes of juvenile crime may help to deter it in the future. A proper solution cannot be executed until the root causes and reasons are exposed. There are undoubtedly many factors contributing to juvenile crime, but the focus should be on those which contribute the most. The two factors which come most readily to mind are the extremes of poverty and†¦show more content†¦Therefore, if the juvenile wishes to make something of himself he will naturally find means available to him. By becoming a low level drug dealer he can make a considerable amount of money in a relatively small amount of time. It becomes even more profitable to be a drug dealer in a gang because of the protection a gang can offer. The money, on top of the prestige and respect drug dealers have in poor communities, makes the experience quite rewarding. This is why younger individuals are attracted to the criminal lifestyle. In the criminal sub-culture violence is not only condoned but encouraged. The methods and details involved are often learned from a parent or older sibling. Because the juveniles parents are poor and undereducated, they are more likely to be engaged in criminal and deviant activity themselves. The children grow up watching their parents struggle to survive and live a criminal lifestyle. The adults, frustrated by their hopeless situation, frequently turn to drugs and alcohol which affects how they deal with their children. The frustration and anger that a juvenile experiences in such a family can easily pour over into other areas of their social life in the form of violence. The limited availability of resources in poor neighborhoods creates both social isolation and economic stress on families. Parents who have limited problem solving skills, poorShow MoreRelatedOne Significant Change That Has Occurred in the World Between 1900 and 2005. Explain the Impact This Change Has Made on Our Lives and Why It Is an Important Change.163893 Words   |  656 PagesPHILADELPHIA Temple University Press 1601 North Broad Street Philadelphia, Pennsylvania 19122 www.temple.edu/tempress Copyright  © 2010 by Temple University All rights reserved Published 2010 Library of Congress Cataloging-in-Publication Data Essays on twentieth century history / edited by Michael Peter Adas for the American Historical Association. p. cm.—(Critical perspectives on the past) Includes bibliographical references. ISBN 978-1-4399-0269-1 (cloth : alk. paper)—ISBN 978-1-4399-0270-7Read MoreDeveloping Management Skills404131 Words   |  1617 PagesEdwards Brothers Cover Printer: Coral Graphics Text Font: 10/12 Weidemann-Book Credits and acknowledgments borrowed from other sources and reproduced, with permission, in this textbook appear on appropriate page within text. Copyright  © 2011, 2007, 2005, 2002, 1998 Pearson Education, Inc., publishing as Prentice Hall, One Lake Street, Upper Saddle River, New Jersey 07458. All rights reserved. Manufactured in the United States of America. This publication is protected by Copyright, and permission

Propaganda Is Spreading Of Information - 1617 Words

Propaganda is spreading of information aimed at influencing people to think in a way and support a specific cause. The information spread through propaganda, can either be negative or positive just as the cause being supported may either be just or unjust. The term has a negative connotation, especially when used in political circles to refer to the rumors and lies politicians tell electorates to turn them against other politicians, governments or so that they end up being voted into office (Trueman). Everyone is susceptible to the influence of propaganda. However, its impact is more pronounced among the youth and the less educated as compared to the older generation and scholars. Propaganda has existed for as long as the beginning of†¦show more content†¦During his reign, Hitler used propaganda to create hatred of Germans against the Jews and consequently, the persecution commenced with the national policy of coordinated persecution of the Jew (Trueman). The hatred towards the Jews residing in Germany was fueled by their then leader Adolf Hitler. In his book, Mein Kampf, Hitler refers to Germans as being the superior race. He noted that the superiority of the Germans was under threat by the Jews. He, also, referred to the Jews as a lazy population that had contributed nothing to the civilization of the world. He accused the Jewish race of introducing harmful vices such as prostitution and pornography. He also accused the Jews of being behind German’s defeat in the First World War. On taking power, Hitler ensured that anti-Semitic ideas against the Jews were spread to all. He mistreated them with the hope that they will end up emigrating from German. During his reign, the hostility towards the Jews increased. Many restaurants and shops denied Jews access. In some parts of German, Jews were denied entry into public parks and public means of transport. Germans were incited not to seek the services of German doctors or lawyers. Jews in public servi ce for instance teachers and journalists were laid off from their positions (Simkin). The result of the immense hatred was the genocide that led to the death of nearly 6 million Jews. The genocide is what isShow MoreRelatedThe Three Needs Of The United States During World War I941 Words   |  4 Pagesof Public Information was created to get the support the war needed from the people of the United States. Before United States declared war on Germany, the U.S. was not interested in getting involved in The Western Hemisphere. The president stayed neutral for as long as possible but he was forced to pick a side. The president’s decision caused the nation to divide. The first Under a former journalist named George Creel, the Wilson administration created the committee of Public Information to get supportRead MoreCentral Themes in the Work of Jacques Ellul708 Words   |  3 PagesJacques Ellul was a professor of history and the Sociology of Institutions on the Faculty of Law and Economic Sciences at the University of Bordeaux. He wrote 58 books and more than a thousand articles over his career, many of which discussed propaganda, the influence of technology on society, and also the correlation between religion and politics. The central theme of Ellul’s work proved to be the threat to human freedom and religion shaped by modern technology. Ellul’s continual concern wasRead MoreArgumentative Essay On Fake News766 Words   |  4 Pagesthe trusted and real news. Fake news are mostly fictitious articles that are used for the clickbait purpose leading the visitors get the virus and get information through such sites in some cases. The reason for the developing fake news is to gain money and popularity from false advertisements, false information. This can lead to misguided information being shared through online media. We can see lots of daily fake news in our newsfeed every day. And to the great surprise fake news gets the attentionRead MoreMusic as Propaganda in the German Reformation1059 Words   |  5 PagesMusic as Propaganda in the German Reformation The reformation was a religious and political movement that took place in the year 1517. This movement was spread by the Cristian humanist Martin Luther, when he posted his â€Å"Ninety Five Theses†. The reformation itself is one of those things everybody has heard about but no one quite understands, even nowadays, 500 years after this movement occurred. The main reason for this movement is unknown, however, some causes are being slowly known. First of allRead MorePropagand During World War II713 Words   |  3 PagesMiyu Hirose Fisher World History 4 25 February 2016 Propaganda Poster During World War 1, propaganda played a critical role on a global scale, persuading people to volunteer by putting effort to the war. Propaganda techniques were used for several purposes, in forms of posters, advertising, newspapers, speeches, photographs, rumours, cinema and music. These purposes were to obtain power for the battles of the war, to obtain money for financing the war, to encourage nationalistic feelings of theirRead MoreThe World War And Its Effects On Modern Society852 Words   |  4 Pageshave caused disputes concerning the morality of either side. War culture is a term commonly used to define the techniques used to justify a country’s amoral actions within the war. In the Second World War, war culture thrived, resulting in mass propaganda and censorship: this war culture was promoted similarity by the Axis and Allied governments and influenced the public’s views on nationalism, alienation, and morale. For the purpose of being able to carefully examine war culture with WorldRead MoreThe Color Of Water By Ray Bradbury1764 Words   |  8 Pages The spreading of information is the mold to which society’s viewpoints are created. Depending on who or how this information is spread, it may be phrased to garner a specific meaning or arouse a specific reaction. W.E.B. DuBois once hinted towards this manipulation of information in his statement, â€Å"Thus all art is propaganda and ever must be, despite the wailing of the purists†¦ I do not care a damn for any art that is not used for propaganda.† DuBois hints towards the fact that forms of expressionRead MorePropaganda and its Use in Society: Is it Fair? Essay978 Words   |  4 Pages Propaganda consists of the planned use of any form of public or mass-produced communication designed to affect the minds and emotions of a given group for a specific purpose, whether military, economic, or political (Levinson). Propag anda is used to gain the support of its viewers on an issue by either false or misleading information. In every war, from the First World War to the present day in Iraq, military propaganda has been used intensely. Military propaganda is the most effective typeRead MorePropaganda During The Middle Ages1396 Words   |  6 PagesPropaganda is a powerful tool that groups, or individuals use to gain or maintain power. Throughout the Middle Ages, the Catholic church used propaganda to gain power through Europe and maintain order even in the most turbulent times. In current times, powerful companies and government leaders use propaganda to increase profits and gain power. Even in our current information age, it is important to look at what is being shown and how much of something is being shown. In both times, propaganda isRead MoreWar Without Mercy, By John W. Dower1166 Words   |  5 Pagesplace, both America and Japan created propaganda posters, film, etc. to support their respective war efforts. After the attack on Pearl Harbor, American perceptions of the Japanese was epitomized by r acial propaganda that scrutinized their new powerful enemy. Meanwhile Japan sought to keep out the impure Western culture from spreading East by defaming it. Despite these differences, both nations’ utilized similar approaches in the creation of their propaganda, dehumanizing the inferior enemy while

Australian Securities and Investments †Myassigngmenthelp.com

Question: Discuss About the Australian Securities and Investments? Answer: Introducation ASIC v Rich [2009], was one of the biggest civil cases in NSW Supreme Court history in which the Australian Securities and Investments Commission charged previous executive directors of One Tel telecommunications company, Jodee Rich and Mark Silbermann of not being able to perform their duty of care during the months leading up to the companys collapse in the year, May 2001. The decision of the case came out after nine long years. In the year November 2009, the NSW Supreme Court Judge Robert Austin meticulously released ASICs case against the directors stating that the corporate controller was unsuccessful in confirming any facet of its implored case alongside each defendant. One Tel was a service provider of GSM mobile and long distance phones formed in the year 1995. Section 180 And 181 Of The Corporation Act 2001 As per the Corporations Act 2001, all the directors and such other executives are required to perform their duties with due concern and assiduousness as per Section 180. Further to this, Section 181 of the Corporations Act 2001 states that along with ensuring due care and diligence, they are required to act in good faith i.e. to act in a manner that is best for the company and for a fit purpose (Grace, 2010). It is a civil obligation of the directors thus non-adherence to any of these will attract civil penalty as well. As per the Act, it is construed to be a criminal offense conducted by a director if he contravenes Section 181 (Commonwealth Consolidated Acts, 2001). Asic V Rich-Duties And Responsibilities Breached And Why As One Tel failed in the year 2001, ASIC firstly filed a case against four of its directors, Joint Chief Executives Jodee Rich and Bradley Keeling, finance director Mark Silbermann and Chairman John Greaves. As per ASIC, they had committed breach of duty of care and conscientiousness under Section 180 (1) of the Corporations Act 2001. ASIC had issued civil penalties banning them to act as the directors in any other company and along with the same compensate up to $92 million. However, Keeling and Greaves had accepted the said ban but the other two did not agree with the charges put forward by ASIC. As per ASIC, the directors failed to comply with their duties of care and diligence by fading to reveal to and preservation from the One Tel board, data about the companys actual economic situation amid January and May 2001 (Hooper, 2011). Section 180 of the Corporations Act 2001, clearly positions that the directors owe the performance of fundamental duty to perform their authority and release their duties with care and diligence that a sensible human being would implement, taking into consideration the companys situation, the positions engaged by the individuals and their errands entrusted (Heath, 2009). Section 180(2) known as the business judgement rule states that a director will be considered to have been discharged his duty as per Section 180 if he or she makes a business decision in superior reliance and for a reason which is fit for the companys future success, does not have any vested interest in the decision being taken, intimates himself with regards the details of the decision to the extent he or she logically thinks it to be apt and with appropriate reasoning trusts the fact that the decision is being taken for the benefit of the company (Jacobson, 2015). The particular judge named Justice Austin takes a look at the past case laws and in particular cases where he has spelt out decisions in such similar matters. After analysing the present scenario of Rich and Silbermann with regards the nature of care being undertaken while taking a decision, the basic question that he looked at was the degree to which the benchmark of demeanour likely from a director is intentional or prejudiced and, specifically how the court will have observed to the conditions of the appropriate business and the errands of that particular director or officer. As per Austin J, the constitutional duty of care under Section 180(1) must be defined by orientation to the temperament and degree of the rationally probable peril of damage to the company that might arise from a directors act or error. The section also pens down the fact that a director does not have the duty to try to safeguard a company from such risks which are not logically predictable. However the said case study fails to examine what kind of risks may be defined under the head reasonably foreseeable. ASIC v Rich mentions two more principles for guiding whether a breach of section 180(1) has occurred or not. Firstly there lies a difference between a conduct which leads to contravention of Section 180(1) and mere mistakes or wrongdoings. Directors lie at such a position in a company that at times situations seem to be very difficult for them wherein they even end up making gross mistakes, but the same may not be intentional in nature thus not leading to a contravention of Sectio n 180(1). Secondly, as per Austin J, there lies a differentiation between breach of Section 180(1) and a mistake leading to the merits of a business decision (Reza, 2011). Simply because the said section is not tilted towards dampening of the company or punish ineffective capitalist actions. Although Austin J, stated that ASICs claim was incorrect against Rich and Silbermann as they failed to give any evidences of such a breach, His Honour nevertheless accounted for the normal and usual situations in which a director would have been said to have breached the statutory and compulsory duty of care under Section 180(1). As per the judge, had the conduct of the directors fallen below the standards of a reasonable individual as is described in the said section, then it would have been considered that a contravention has occurred. In this case study, the regulator i.e. ASIC could not establish any specific conduct of the key personnel which led to such a breach, rather simply pointed out towards the general conduct of not disclosing financial data. It is further construed that a director or officer or an executive will not be held responsible for any such contravention with regards performing the duty as a director with care and diligence if he or she can prove that the judgement was purely for the purpose of the company without any personal interest attached to the same, the directors have a self belief with regards the fact that the decision taken is right in all aspects and best for the business and the belief is logical enough basis a series of reasons. However as per Austin J, one important question that should be asked by the directors of a company is whether the officer had applied his brains with regards the particular matter or not. Thus in this case, His Honour had said that the directors had not breached any duty as they had applied their brains to the matters in problem and made decisions accordingly, unlike to what ASIC claims (Baxt, 2005). Critically Analyse The Courts Decision The said case study entails to a brilliant assessment of the duties of a director. His Honour had referred to his preceding judgement in case of Vines V ASIC in which case he had mentioned that the mandatory duty of care was born out of tort law. Specifically, Austin J hade extrapolated that a companys situations needs contemplation to be vested with regards the type of the company, the size as well as the industry t which it belongs along with the constitution of the board and how the work is disseminated amongst the executives. Further, His Honour also stated that a reference to similar errands within a company is not restricted to particular jobs circulated amongst the executives formally and lastly, Austin J also stated that there should be a differentiation between the contravention of the duty of care and diligence mentioned in the Act and mere errors and mistakes (Holdingredlich.com 2010). In the particular case, His Honour also investigated deep into unexplored spheres of the business judgement rule wherein he discovered that the said rule also gives a protection for the directors who may have been alleged of contravening the duty of care if they had taken a decision in good faith, for a particular acceptable purpose, without having any significant interest, properly intimated each other about the said subject matter and logically trusted in their own decision that the same has been taken for the good health of the company. However as per Justice Robert Austin, the proofs submitted by ASIC failed to form the case in favour of the regulator. Although they had submitted a huge volume of evidence which trued to establish the fact the usual and the normal conduct of the directors were not in line with the Act, thus leading to infringement of the same, but as per Austin J, the regular should have presented such evidences which pointed towards some specific and particular conduct to institute a contravention on the remaining of probabilities (Foglia, Bassingthwaite, 2009). As per the final verdict passed, ASIC has been found to make some mistakes which included a disappointment to identify witnesses who could describe unclear certification, the usage of an expert observer with a potential divergence and contending that One Tels financial position should be looked upon from an Australian view point. Unfortunately, One Tels finances and money related matters could not be taken in an Australian perspective for a simple reason that the treasury was tied up in other countries as well. The decision in the present case should be looked upon as bringing back to life the business judgement rule as it is present in the Australian corporate law, so that the said rule has the potential to give a defence in certain scenarios which would else be construed as being a breach of duty. The said should be appreciated, even though the disagreement and debate is expected to persist via a secure and decisive reflection of the rightness of reckoning in ASIC v Rich. However, the decision taken by Justice Austin in favour of directors and against the regulators has brought in a question with regards whether ASIC should ever bring in actions again challenging to institute so much in such a short period of time as in the case of ASIC v Rich. ASIC has accredited the fact that the decision pronounced for the said case has acted as a guidance on how to run cases and matters in future (Cutlers, 2009). Unfortunately the decision given by Justice Austin has led to many unattended questions with regards the collapse of such a huge corporate house. One of the questions whose answers are still being looked for is whether One Tel would have endured if in the year 2001, PBL/CPH and news had upheld their support for the corporation and executed there to guarantee an acutely inexpensive right issue to raise $132 million. Due to the said evidence presented by the directors, His Honour had to reject the evidences submitted by ASIC with regards the financial figures for the month of February, March and April 2001 and to consider and account for the figures that have been mentioned in Chs 11,13 and 15. Further if these figures are expected to be correct, then a fund raising along with the support of the investors would have led the company survive till November 2001 , as by that time, as per the business plans set out, the company would have been able to fight against the cash problem and woul d have had a healthy flow of cash. Thus as per Austin J, it was the lack of support from the shareholders and the desertion of the right issues due to which the company toppled down (Legg, Jordan, 2013). Conclusion Thus on analysing the said case study it is understood that the judgement pronounced by Justice Robert Austin is one of its kind and it is not every time that a decision against the regulator is taken. However, the said judgement has given a new face to the directors duty with regards conduct their duty with care and diligence and to the business judgement rule. It has explored the said rule in depth which was otherwise never looked upon in the past. ASIC also is required to pull up their socks in case of defending a case with regards the kind of proofs they submit as the court weighs specific evidences above the general ones. References: Baxt,B., (2005), Duties and Responsibilities of Directors and Officers, 18th Edition, Southwood Press Pty. Ltd: Australia Commonwealth Consolidated Acts, (2001), Corporations Act 2001- Sect 180, Available at https://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s180.html (Accessed 11th May 2017) Cutlers, T.P., (2009), ASIC V Rich : Dont be discouraged : Judicial support for responsible risk taking in a corporate environment is still good law, Available at https://www.tglaw.com.au/wp-content/uploads/awms/Upload/Files/Alert%20-%20DO%20-%20OneTel%20-%20December%202009.pdf (Accessed 11th May 2017) Foglia,M., Bassingthwaite,R., (2009), ASIC unable to reel in the Rich- Australian Securities and Investments Commission v Rich, Available at https://www.wottonkearney.com.au/asic-unable-reel-rich-australian-securities-investments-commission-v-rich/ (Accessed 11th May 2017) Jacobson,D., (2015), Case Note: Directors Successfully Rely On Business Judgement Rule, Available at https://www.brightlaw.com.au/case-note-directors-successfully-rely-on-business-judgment-rule/ (Accessed 11th May 2017) Grace,D., (2010), Directors Duties and the business judgement rule: Justice Austin offers some clarification, Available at https://www.cgw.com.au/publication/directors-duties-and-the-business-judgment-rule-justice-austin-offers-some-clarification/ (Accessed 11th May 2017) Heath,W., (2009), One Tel. Wipe out ASIC v Rich, Available at file:///C:/Users/E-ZONE/Downloads/asic_v_rich_outcomes_december2009%20(2).pdf (Accessed 11th May 2017) Holdingredlich.com., (2010), Insight: Corporate and Commercial, Available at https://www.holdingredlich.com/assets/docs/Insight%20-%20Corporate%20Commercial%20-%20March%202010.pdf (Accessed 11th May 2017) Hooper,M., (2011), The Business Judgement Rule : ASIC v Rich and the reasonable rational divide, Corporate Governance ejournal, vol 5, Available at https://epublications.bond.edu.au/cgi/viewcontent.cgi?article=1021context=cgej (Accessed 11th May 2017) Legg,M., Jordan,D., (2013), The Australian Business Judgement Rule After ASIC V Rich : Balancing Director Authority and Accountability, Adelaide Law Review, vol.34, no.2, Available at https://www.austlii.edu.au/au/journals/AdelLawRw/2013/21.pdf (Accessed 11th May 2017) Reza,M., (2011), The One Tel. Collapse: Lessons for Corporate Governance, Australian Accounting Review [Online], Available at https://research-repository.griffith.edu.au/bitstream/handle/10072/42673/74746_1.pdf;jsessionid=1154ECE89AE54B605015472CF38EF61C?sequence=1 (Accessed 11th Ma

The Sovereignty of Parliament HRA

Question: Discuss about the The Sovereignty of Parliament for HRA? Answer: For the purpose of exploring the effect of Human Rights Act, 1998 on the constitutional order in the UK and also on the statement that parliamentary sovereignty cannot be considered anymore as the main basis of British constitution, the status of human rights and parliamentary sovereignty before the introduction of Human Rights Act needs to be examined. In this regard, it is also required that the role played by the relevant sections of Human Rights Act should be examined and the way, the impact on a disorderly and human rights.[1] For this purpose, it is also that the relationship that exists between the parliament and judiciary in context of human rights should be analyzed and simultaneously, it needs to be seen if the balance of power existing between the two has been significantly altered by the introduction of the HRA. In the absence of original constitutional framework in the UK had a significant impact on the constitutional law in the country and this is mainly true in case of power and the position of the Parliament.[2] The concept of Parliamentary Sovereignty was particularly popularized by the ideas of scholars like Dicey who described this region as the central law related with the British constitution.[3] In this context, sovereignty had been described as the power to legislate and also the lack of constrains on the power is enjoyed by the Parliament of UK in this regard.[4] In this way, the act of Parliament is not bound by or restricted by a greater law, like a written constitution.[5] An instance of this can be given in the form of the extension of the life of the Parliament during the two World Wars. In the same way, and that there and probably more significant implication that can be drawn from the concept of the sovereignty of Parliament is that the Acts of the predecessors are not con sidered as being binding for a sovereign Parliament and in this way, Parliament does not have the power to bind its successor parliaments.[6] On the other hand, the Human Rights Act was implemented in October 2000. This legislation indicates a basic restructuring of the political constitution of the UK because the Human Rights Act because it has been said that with the introduction of this legislation, the political power has been transferred to the Judiciary from the Legislature and the Executive. In this regard, it has also been stated that there is no doubt that the HRA is the most noteworthy rearrangement of the political power that had taken place in the UK.[7] Before the introduction of the HRA, the legal order in the UK was that of Parliamentary supremacy, although it was sometimes altered by the courts while developing procedures of interpretation that helped to some extent in protecting some of the basic freedoms enjoyed by the people. For example, one such rule can be described as the presumption that it was not the intention of the Parliament to put the UK in breach of the obligations that have been imposed on i t by the European Convention on Human Rights.[8] In this regard, it has been said that wherever there was any ambiguity in the legislation, as a result of which, one interpretation of the words that have been used in the legislation complies with the requirements of ECHR and the other interpretation does not, the courts are required to adopt the interpretation that complies with this provisions of ECHR.[9] But in this regard it needs to be noted that when clear and unambiguous words have been used in the legislation, the courts were required to apply such legislation, irrespective of the fact that it may result in violating the provisions of ECHR.[10] But with the implementation of HRA, much more significant is now placed on protecting the basic human rights of the people due to the reason that the major aim of the Act was to bring rights home which is also demonstrated by the heading of the white paper of the government, Rights Brought Home. In this way, the introduction of this Act resulted in the end of the situation where a complaint was required to go to Strasbourg for the purpose of asserting the rights conferred by the Convention. On the other hand, now the British courts can hear the case of the claimant in such a case. Similarly, after the HRA was fully enforced, certain rights and freedoms were given further effect as the domestic level. For example, it has been mentioned in section 2 of HRA that the courts should consider the jurisprudence of various supervisory and enforcement entities located in Strasbourg. In the same way, the parliamentary sovereignty has also been impacted by section 2(1) which requires that while dealing with a question that is related with the rights that have arisen in context of the rights provided by the Convention, the courts or tribunals are required to make allowance for the decisions of Strasbourg, so far these decisions are relevant in a particular case.[11] But in this regard it needs to be noted that in such a case, the courts are only required to consider the jurisprudence of the entities located at Strasbourg and as a result, the courts are not bound by it. Under the circumstances, it can be said that the sovereignty of the Parliament has been weakened by section 2 because the lawmaking powers of the Parliament have been significantly limited by the ECHR. This belief was further strengthened after the decision given in Do v. Secretary of State for the Home Department.[12] Lord Bingham had stated in this case that it follows that the national courts are subject to a duty like the ones imposed by section 2 of the HRA, and therefore, without the presence of a strong reason, they should not weaken or dilute the effects of the case law from Strasbourg, at the same time, the member States can provide for rights that are more generous as compared to the rights provided by the Convention but these provisions should not be the result of interpretation of the convention by the domestic courts, due to the reason that the meaning of different provisions of the Convention should remain uniform in all the states that are party to it. In this way, the approach of "no less and no more" has been used in R (Al-Skeini) v Secretary of State for Defence[13] under international law. In this case, the 5 claimants who were relatives of the Iraqi nationals, k illed in Iraq. However the court arrived at conclusion that the claim needs to be dismissed because it was beyond the jurisdiction of article 1, under the heading of extra-territorial doctrine of effective control over an area exception. In the same way, the court also stated that it was beyond the scope of the Human Rights Act due to the reason that the Act needs to be construed in view of the present background of the convention and also the Strasbourg jurisprudence.[14] In the same way, in the case titled, R (Al-Jedda) v SSD[15], the judicial discretion regarding the cases concerning international law and its impact on human rights was also discussed. The issue was the right to liberty and security that has been provided by schedule 1, article 5 of the HRA had been displaced regarding a dual British and Iraqi national who was imprisoned in Iraq. Therefore it can be said that on the basis of the decision given in this case as well as in Al Skeini, the parliamentary sovereignty has been weakened to some extent as these decisions reveal that the courts give preference to the cases dealing with international law. As a result, on the basis of the fact that the court gives preference to international law as compared to the domestic law, it means that the parliament is no longer to be considered as the supreme lawmaker.[16] Another important feature of the HRA is the 'interpretive obligation' that has been mentioned in section 3. The most frequent use of this act is likely to be interpretive because the second requires that the courts should interpret statutory provisions as well as the common law in such a way that is compatible with the rights provided by the convention. At the same time, the Act provides in section 3(1) that "so far as possible, primary legislation and subordinate legislation needs to be read and given effect in such a way that is compatible with the rights provided by the convention". This provision has an impact on all the cases, including civil and criminal, public or private or the cases against public authorities or private legal persons, whenever a right provided by the convention is at stake. However the important words related with the interpretive obligation prescriber section 3(1) is so far as possible and must which suggests that an alternative is available. Another important provision in this regard is section 4 which provides a remedy of the 'declaration of incompatibility'. It can be applied where the court finds it difficult to interpret a particular statutory provision in such a way that it complies with a convention right. For example in R v A (No.2)[17], which was mentioned by Lord Steyn that a declaration of incompatibility has to be considered as a last resort and therefore it should be avoided unless it becomes impossible to do so. However it needs to be noted that section 4(6)(a) also states that the declaration of incompatibility does not have an impact on the validity of the legislation. Similarly, the declaration of invalidity is not binding on the parties to the proceedings as provided by section 4(6)(b). It was demonstrated in Burden v United Kingdom that as a remedy, it has proved to be ineffective. In this case, the issue was if the siblings who had lived together throughout their life, should have inheritance tax relie f as is available to married couples and several partners. In this context, it was argued by the payments that it amounted to a violation of article 14 of ECHR. The courts did not consider that it could be expected in the case that the applicants should have brought a claim for a declaration of incompatibility in accordance with section 4 before bringing their application to the European Court of Human Rights, as the remedy depended on the discretion of the executive and earlier it was found to be infected by the courts in Hobbs v United Kingdom.[18] Due to the fact that the applicants were directly impacted by provision of domestic law and at the same time, no domestic remedy was available which should have been exhausted first of all by them, the court held that the six-month time limit to bring the case before the European Court of Human Rights was not applicable. In case of the enactment of legislation, it has been provided with section 19 of the HRA that at the time of the introduction of the Bill in the Parliament, the Minister in charge asked to make a statement regarding compatibility before the second reading of the Bill and in this statement, it should be revealed how the Bill complies with the provisions of the Convention.[19] In this way, it can be said that restraints have been put on parliamentary sovereignty due to the reason that it requires that the Convention rights should be incorporated as the early stages of enacting a particular legislation.[20] But in this regard it needs to be noted that it will be deceptive to claim that this provision precludes the Parliament from passing a legislation due to the reason that the statement of noncompliance can be delivered which reveals the conflicts present between the proposed Bill and the ECHR rights and also the reasons for the noncompliance of the Bill with these rights.[21] In the end, it can be said that the Human Rights Act has been successful in achieving the desired balance as it retains the right of the Parliamentary enact legislation even if it is incompatible with the rights provided by the Convention.[22] But in this regard, it also needs to be noted that as a result of section 4 of HRA, the political capacity has been significantly reduced due to the reason that the declaration of compatibility serves as a political or even as a moral disincentive to enact a law that is incompatible with the convention rights.[23] However it is still open for the government regarding how it deals with the relevant decisions of the courts in this regard. If it considers it appropriate, it can be done by the government by refusing to take steps for the purpose of limiting the incompatibility in accordance with section 5 of the Human Rights Act.[24] Therefore, while the Parliament is still sovereign but as a matter of constitutional practice, considerable amount of power has been transferred to the judiciary as a result of the introduction of HRA. Although it has been mentioned in section 6(3)(b), the Parliament is not bound by the provisions of Section 6 and s 7 of the Act and in this way, the Parliament is not accountable for its actions. The result of this position is that the Parliament is can still use the cover provided by the will of the electorate. On the other hand, it also needs to be noted that still the government is accountable for its actions during the reason that its bodies are considered as the public authorities and as a result, have been constrained by section 6 and section 7 of the Act. Due to this reason, the government cannot use the will of the electorate as a 'cover' for its actions. Bibliography Bradley, The Sovereignty of Parliament Form or Substance?, in J. Jowell and D. Oliver, The Changing Constitution (7th ed.) (OUP, 2007), 25 Kavanagh, The elusive divide between interpretation and legislation under the Human Rights Act 1998 (2004) 24(2) OJLS 259 Tomkins, In Defence of the Political Constitution (2002) 22 Oxford Journal of Legal Studies 157 Young, Judicial Sovereignty and the Human Rights Act 1998 [2002] CLJ 53 Gearty, Reconciling Parliamentary Democracy and Human Rights (2002) 118 LQR 248 Harlow and R. Rawlings, Law Administration (3th ed.) (OUP, 2009). Anderson, Shfting the Grundnorm and Other Tales, in D. OKeefe and A. Bavasso, Judicial Review in European Union Law (Kluwer, 2000) J.A.G. Griffith, The Political Constitution (1979) 42 Modern L. Rev. 1, 19 Lord Woolf, The Rule of Law and a Change in the Constitution (2004) 63 Cambridge LJ 317-330 Loughlin, Constituent Power Subverted: From English Constitutional Argument to British Constitutional Practice, in M. Loughlin and S. Tierney, The Paradox of Constitutionalism (OUP: 2008) Loughlin, The Foundations of Public Law (OUP, 2010). Craig, Formal and Substantive Concepts of the Rule of Law [1997] Public Law 467 Bellamy, Political Constitutionalism: A Republican Defence of the Constitutionality of Democracy (Cambridge: Cambridge University Press, 2007). Rawlings, Review, Revenge and Retreat (2005) 68(3) Modern Law Review 378-410 Sedley, The Sound of Silence: Constitutional Law Without a Constitution (1994) 110 Law Quarterly Review 270 Campbell, K. Ewing and A. Tomkins (eds), Sceptical Essays on Human Rights (Oxford University Press, 2001) Hickman, In Defence of the Legal Constitution (2005) 55(4) University of Toronto Law Journal 981-1022 Hickman, In Defence of the Legal Constitution (2005) 55(4) University of Toronto Law Journal 981-1022 Case Law Do v. Secretary of State for the Home Department [2004] UKHL 26 Hobbs and others v United Kingdom - [2006] All ER (D) 178 R (Al-Skeini) v Secretary of State for Defence (2007) UKHL 26 R (GC) v Commissioner of Police for the Metropolis [2011] UKSC 21 R v A (No 2) [2001] UKHL 25 R. (Al-Jedda) v Secretary of State for Defence [2007] UKHL 58 [1] A. Tomkins, In Defence of the Political Constitution (2002) 22 Oxford Journal of Legal Studies 157, [2] J.A.G. Griffith, The Political Constitution (1979) 42 Modern L. Rev. 1, 19 [3] R. Bellamy, Political Constitutionalism: A Republican Defence of the Constitutionality of Democracy (Cambridge: Cambridge University Press, 2007). [4] T. Hickman, In Defence of the Legal Constitution (2005) 55(4) University of Toronto Law Journal 981-1022 [5] M. Loughlin, The Foundations of Public Law (OUP, 2010). [6] R. Rawlings, Review, Revenge and Retreat (2005) 68(3) Modern Law Review 378-410 [7] Lord Woolf, The Rule of Law and a Change in the Constitution (2004) 63 Cambridge LJ 317-330 [8] C. Harlow and R. Rawlings, Law Administration (3th ed.) (OUP, 2009). [9] T. Campbell, K. Ewing and A. Tomkins (eds), Sceptical Essays on Human Rights (Oxford University Press, 2001) [10] M. Loughlin, Constituent Power Subverted: From English Constitutional Argument to British Constitutional Practice, in M. Loughlin and S. Tierney, The Paradox of Constitutionalism (OUP: 2008) [11] P. Craig, Formal and Substantive Concepts of the Rule of Law [1997] Public Law 467 [12] Do v. Secretary of State for the Home Department [2004] UKHL 26 [13] R (Al-Skeini) v Secretary of State for Defence (2007) UKHL 26. [14] S. Sedley, The Sound of Silence: Constitutional Law Without a Constitution (1994) 110 Law Quarterly Review 270 [15] R. (Al-Jedda) v Secretary of State for Defence [2007] UKHL 58 [16] T. Hickman, In Defence of the Legal Constitution (2005) 55(4) University of Toronto Law Journal 981-1022 [17] R v A (No 2) [2001] UKHL 25 [18] Hobbs and others v United Kingdom - [2006] All ER (D) 178 [19] D. Anderson, Shfting the Grundnorm and Other Tales, in D. OKeefe and A. Bavasso, Judicial Review in European Union Law (Kluwer, 2000) [20] A. Bradley, The Sovereignty of Parliament Form or Substance?, in J. Jowell and D. Oliver, The Changing Constitution (7th ed.) (OUP, 2007), 25 [21] R(GC) v Commissioner of Police for the Metropolis [2011] UKSC 21 [22] A. Kavanagh, The elusive divide between interpretation and legislation under the Human Rights Act 1998 (2004) 24(2) OJLS 259 [23] A. Young, Judicial Sovereignty and the Human Rights Act 1998 [2002] CLJ 53 [24] C. Gearty, Reconciling Parliamentary Democracy and Human Rights (2002) 118 LQR 248