Judiciary in a democracy

Judiciary in a democracy What is the role of the judiciary in a democracy? This work is going to examine the way judiciary works and operates in a democracy. Judiciary has definitely a very significant role in a democracy as it shapes and interprets the laws. Key roles and features of the judiciary will be discussed in this work. There will be some theories looked over at and some real life examples as well. First of all, the meaning of the term ‘judiciary needs to be established. Judiciary is ‘the branch of government that is empowered to decide legal disputes and adjudicate on the meaning of the law (Heywood, 2007:452). Democracy on its hand has the roots in Ancient Greece as even the word itself has Greek parts e.g. demos for ‘the people and kratos for ‘power. The word democracy has a lot of meanings nowadays and may not have any meaning to some people at the same time (Heywood, 2007). In this essay the word ‘democracy is going to be used in the context of ‘a system of government that serves the interests of the people regardless of their participation in political life (Heywood, 2007:72). As it was discussed in class the role of the judiciary is as follows: * Protect the constitution * Look after government and parliament * Expound the constitution and laws The key feature of judiciary in a democracy is its complete independence from government. For judges being nonpolitical is essential as well. They must be neutral in order to be legal (Heywood, 2007). Neutrality is ‘the absence of any form of partisanship or commitment (Heywood, 2007:329). Often not only the judicial independence in a democracy is the case, but the external pressure can sometimes take place. Heywood argues that in this case it ‘is not so much how judges are recruited, but who is recruited (Heywood, 2007). Judges may sometimes be the subject to internal bias and external bias. Internal bias occurs when judges may have personal preferences and cant be neutral in their decisions. External bias may occur when someone else may put pressure on the judge or put at risk his/her employment, it is said that the external bias is controlled by the principle of ‘judicial independence. It gives a suggestion that judges cant be dismissed and that the amount of cri ticism towards judges work is constrained. In reality judges tend to be dependent on certain circumstances as political bodies often have control over certain key issues e.g. judge recruitment (Heywood, 2007). As it is seen from Heywood, judges are not always neutral and therefore in a real democracy can influence the final decision in both ways. Kathleen Sullivan, the past Dean of the Stanford Law School, agrees to the statement of judiciary being the protector of constitution: ‘ It seems obvious that the court system especiallyjudicial review of the acts of the legislative and executive branches of government is, in one way,a bulwark of our constitutional democracy. The court protectscertain minority rights from being trampled by the majority, protects the basic liberty and participatory rights of all, and checks the excesses of the other branches of government.Thats all well and good and crucial for democratic self governance (http://theblog.philosophytalk.org/2007/02/democracy_and_t.html). Kathleen adds another point about judiciarys role in a democracy that we did not look at during the class: judiciary protects minorities and makes them less vulnerable to the majorities choices. Judges expounding the law and constitution have a very important role in a democracy. Many things and even lives depend on the way a judge interprets the law at that moment. Heywood states that every judge uses law in his/her own way, interprets and builds up the argument in court: ‘†¦judges impose meaning on law through a process of ‘construction that forces them to choose amongst a number of possible meanings or interpretations. In this sense, all law is judge-made law (Heywood, 2007: 330). In real life judiciary can be very contradictory. It can be observed from different angle and be seen in a different ways by different parties. For example the X case in Ireland caused a lot of confrontation. The case was about a 14 year old girl who was raped and got pregnant and wanted to go to England to have an abortion. However, she was refused to go by the High court. Later the case was solved by the appeal from the Supreme Court which stated that if there was a risk to mothers life as the result of pregnancy as there was a suicide possibility. As the result there were three amendments proposed to the constitution of Ireland. One of them argued to remove suicide threat from the grounds for the legitimate abortion and was then rejected. Other two were ratified and these are thirteenth and fourteenth amendments (http://www.ifpa.ie/eng/Hot-Topics/Abortion/Abortion-in-Ireland-Legal-Timeline). This case shows how different judges can build their arguments and interpret the law in di fferent ways and, for sure, influence the final decision. Some people have mixed feelings about the way how judges are elected in a democracy. First of all they are elected just like politicians, so it makes judges political what interferes with judges being ‘strictly independent and nonpolitical actors (Heywood, 2007:328). It is thought that appointing judges is better than electing them as they are maybe more independent than the elected ones (http://theblog.philosophytalk.org/2007/02/democracy_and_t.html). Another case is the demographical representation of the judges in democratic countries. As it was discussed in the class about 80% of all the judges in Ireland attended UCD. Most of the judges in Britain are white young males with private education (http://www.guardian.co.uk/politics/2008/jan/28/uk.immigrationpolicy1). There was an attempt to change this pattern and encourage women and members of the minority groups to become judges to have a more diverse judiciary. The launch of the independent Judicial Appointments Commission (JAC) in 2006 was meant to herald an end to the old tap on the shoulder method of recruitment and secret soundings among existing judges, which produced a senior judiciary that was almost exclusively white and male (http://www.guardian.co.uk/politics/2008/jan/28/uk.immigrationpolicy1). Unfortunately, this new method of recruitment did not work as well: ‘But a Guardian review of selection shows that those appointed since last September are remarkably similar to those selected under the old process (http://www.guardian.co.uk/politics/2008/jan/28/uk.immigrationpolicy1). Diversifying of the judiciary is not easy, so it will take some time, but it will certainly get to the point. In the conclusion I would like to say that judiciary certainly works in a democracy. The question is if it works fairly, correctly and totally neutrally like it must work. Judiciary protects the constitution and judges interpret the laws in court and expound constitution. Real life examples can be very contradictory and be seen in different ways by different judges e.g. the X case. Bibliography. Heywood, Andrew (2007) ‘Politics. Third Edition, Palgrave. http://theblog.philosophytalk.org/2007/02/democracy_and_t.html http://www.ifpa.ie/eng/Hot-Topics/Abortion/Abortion-in-Ireland-Legal-Timeline http://www.guardian.co.uk/politics/2008/jan/28/uk.immigrationpolicy1

Oscar Flores: A.P US History Essay

The relationship between Indians and English was very controversial. They both had plans to assert their interests but led the English to be victorious. Initially, there was a good relationship between English and Indians but it would be changed drastically. The English brought different thing with them to the new world. They brought with them diseases like plague and smallpox which Indians were not immune to. The English also brought weapons Indians wouldn’t have ever thought about of. They came very well prepared with guns and mechanical weapons while Indians had poor resources, able to only flight with arrows and bows. Being peaceful the Indians wanted no violence to erupt with the English. When the English came to the new world they wanted to dominate as much as they could. The English were trying to take over land from the Indians. They wanted to have more land so they could have more plantations for their tobacco. As time flew by, the English fully established their pres ence in the new world. It was clear that they were here to stay and their impact was still to come. Over time they were creating a new society, and they were pushing away the Indians form their lands. Although Indians may have wanted to do something there wasn’t so much they could actually do. They were being outnumbered they were dying because of diseases and the lack of resources, it would be impossible to stop the English. By the 1600’s, as Indians had moved deeper into the west, laws were being created in the new English society that helped to get better. The Virginia house of burgesses, in 1619, enacted ways to stabilize the foundation of the new world by trying to convert the Indians into Christianity. The English hoped to accomplish this by acquiring native children and hoping to educate them in Christianity. They did this more with young boys to try and brainwashing them in the religion and educate them. This may have worked to gain the English ore support from Indians. Furthermore, as much as Indians were trying to be peaceful many English would turn their back on them. Document b an Englishmen recalls a day in 1622 were Indians were trying to trade with the m in a peaceful way. This shows a technique Indians were trying use to have peace with the English. Thing always turn out bad for the Indians there was brutal wars between the Indians and English. Like the Pequot war of, 1637 which was alliances within in the colonies against alliances within Indian tribes but of course Indians lost because of the English’s military tactics. There were many other wars between these two like the Powhatan war which was three battles but the war ended in peace. As years went by, with all the Indians dying, the English were becoming a bit fond of the Indians. In 1677 a governor that wanted to protect the Indians was the center of riots and infuriated citizens (doc. E). Then the governor sought to trade with the Indians secretly which treated him much better than his own people. In conclusion, although Indians were peaceful people that did not deserve to get what they got from the English, they were taking advantage of and sabotaged. In the 1600’s continuing into the 1700’s, the English- Indian relation may have enhanced slightly, b ut majorities of the time English were cruel to the Indians. The Indians when trying to make peace they were murdered , their home would get destroyed , they would die of diseases, and they were outnumbered in power because of English’s better technology and techniques that took over Indian land. More so, the English were victorious because of technology, they were more organized, and the need they have to take over land. Also they were facing a group of people that didn’t want violence.

Mazda Case Essay

1. Analyze the role of integrated marketing communications in the marketing of automobiles such as the Mazda Protegà © and MAZDA6. How is each IMC element used to market automobiles? IMC played a very important role in the marketing of automobiles. Using the new IMC program, Mazda had a new segmentation and selected a new target market. The advertising of Protegà © and MAZDA6 made a big difference, the Protegà © advertisement focused on the target audiences’ inner mind and presented the life-related scene to strike a sympathetic chord. But MAZDA6 advertisement focused more on the performance of the car and made a â€Å"mature† image, spent more budgets in advertisement on the magazines, even cooperated with ESPN to appeal to sport fans (the target audience). The Mazda used some direct marketing like sending mails and CD-ROM to the client. Also set the website for the model to attract more people, especially the Protegà ©. Mazda gave a major push to the Protà ©gà © on the Internet including several fun activities and games, this Internet marketing made a huge success. The slogan and advertisements gave the audience a impression of the sporty, fun-to-drive Mazda. The IMC program of Mazda gave the company a second birth. 2. Evaluate Mazda’s decision to drop the â€Å"Get In. Be moved† tagline for the Protà ©gà © and adopt the â€Å"Zoom-Zoom† theme for is advertising. â€Å"Get In. Be Moved† was a powerful slogan for Mazda developed by Doner, it created a brand promise to consumers that when you get in a Mazda car, the car can get you moved. It was a success since it can stand for all the models of Mazda. But the question is this tagline could not demonstrate the spirit and the distinguishing feature of Mazda. Instead, the â€Å"Zoom-Zoom† phrase created an environment of senses for the audience. The â€Å"Zoom-Zoom† sound stand for the sound of the engine and wake the inner child of the target audience. This new phrase not only perfectly describe the sporty theme of Mazda, but also more appeal†¦

Climate control system project Free Essay Example, 2500 words

Literature Review Platforms that deliver usage response and neighbor contrasts and that use investigational design to determine effects have been effective through numerous impact assessments and educational studies. Many similar projects have been employed in motor vehicles, ships, airplanes and many more. We have decided to make a home climate control system that utilizes Wi-Fi enabled thermostats, a mobile application, and in-home infrared sensors (Daly & Steven, 2006). These devices will generate the perfect AC system which can be remotely monitored and accessed from anywhere in the world through the internet, it will give the user constant updates about their home climate from a mobile application, and will even allow home owners to see how many people are in each room at any given moment. While away from home you can not only tell what the temperature in your home is, but also the number of people in each given room. Based on the information gathered you can change the temperature and adjust ac cordingly (Menard, 1992). You could even set the AC to change hourly or to the number of occupants in the house. We will write a custom essay sample on Climate control system project or any topic specifically for you Only $17.96 $11.86/pageorder now Even use it to maintain a watchful eye on the children when they come home from school. Projective Objective The task majorly aims at creating a climate control system that employs a mobile enabled application, thermostats (Wi-Fi enabled), and in-home infrared detectors. On the other hand, the project utilizes Bluetooth enabled Microcontrollers, Solar cell and a mobile application to Control Climate. It will provide the user regular updates about their residents’ climatic state from a mobile application, and will also allow home owners to see the number of people in each room at any given time. Problem Solving Analysis The technicalities of a programmed climate control need sensors to be positioned into the section of the zone to be managed. These sensors sense and read the up-to-date temperature of an area. The interpretations are then harmonized to the setting defined by the dwellers through the mobile application system, and the cooling and heating of the room are adjusted appropriately. Progresses in programmed climate control in buildings have grown into zoned climate control. In this sort of operation, each occupant can regulate the temperature of the house in which he or she stays. Each expanse indoors, at defined regions has a distinct climate control sensor that read out the existing temperature of the definite area (MeÃŒ nard, 1992). This type of control system also contains a workstation that regulates the whole air distribution system within the rooms.