Tuesday, December 17, 2019

Introduction. Conflict Is Inevitable, Be It In The Workplace

Introduction Conflict is inevitable, be it in the workplace or outside the work place. The reason is that people are from diverse backgrounds and thus have different ideas and opinions. In the workplace, employees are expected to work together towards achieving the company’s goals. The management needs to find ways to resolve conflicts that may arise so as to ensure that there is increased production. Conflict management is important and it entails being able to identify and handle conflicts in a manner that is sensible, fair and efficient. The five conflict styles according to Kenneth W. Thomas and Ralph H. Kilmann are accommodation, avoidance, collaboration, competition and compromise, (Schneider Brown 2013). Difference between†¦show more content†¦Individuals compete for status and position in firms, and at times they get for their ability to achieve business goals by being the better than other internal employees or external business competitors. For instance, sales and marketing jobs in most cases are a healthy form of competition within the organization. The employees are mostly paid on a sales commission basis and this makes the individuals to strive to sell more of the company’s products. In the process, the firm will increase their sales, market share and overall profitability. Successful leaders exhibit the capability to strategically use their competitive energy and skills for personal and professional gain. Thus, competition encourages hard work and ensures that social laws are observed. Unhealthy competition As far as competition is healthy, at times it may lead to conflicts hence leading to negative results different from what competition is intended for. This mostly happens when competition is excessively or inappropriately used. Every individual is struggling to prove to be the best or most valuable to the company and as such, this can lead to disputes among team members. Unhealthy competition arises where there is misuse of power or where individuals compete with the aim of â€Å"defeating the enemy†. â€Å"Myers-Briggs research suggests that people who like to be competitive in addressing differences approach problems objectively, using facts and data, and are not inclined to be veryShow MoreRelatedEmployee Relations And The Workplace956 Words   |  4 PagesIntroduction ‘Employee relations’ is a term used to refer to a study of the rules, regulation, and agreements used to manage workers either as a collective group or as individuals (Leat, 2008, p. 3; Waiganjo Nge the, 2012). Conflict at the workplace is the inevitable issues that stem from interaction between employees and employers. On the other hand, a strike is an industrial action and a collective way in which employees voice their dispute once negotiations do not bear fruits. 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In mostRead MoreQuestions On Dealing With Conflict953 Words   |  4 Pages Gregory Long February 23, 2016 MG 5017 (Program Management) Dr. Dave Clapp Dealing with Conflict Introduction Conflict in the workplace can and will happen. Dealing with different people that come from different backgrounds with different ideas and thoughts, it’s inevitable that conflict will occur. Conflicts, however, if handled in the early stages can be resolved. Conflicts exist in almost every organization and to a certain degree can be viewed as a healthy exchange of creativity

Monday, December 9, 2019

Parliamentary Sovereignty

Question: Evaluate whether Parliament is sovereign, giving consideration to judicial power and the effect of the European Convention on Human Rights (ECHR) on the law of England and Wales. Answer: Introduction The Doctrine of Parliamentary Sovereignty is ingrained in the British Constitution; however, this is no longer absolute as the concept is evolving.[1] Historically, parliamentary sovereignty was held above all else[2] with the exception of the Doctrine of Implied Repeal as exemplified in Vauxhall Estates v Liverpool Corporation[3] where a future legislative assembly could not be bound by a sitting one through statute. Consequently, it is a logical assumption is that the judiciary cannot challenge the sovereignty of parliament as it has unlimited legislative powers superseding the courts.[4] In exercise of their judicial powers, courts have elicited great discourse on the impact of the Human Rights Act 1998 (HRA) and the European Convention on Human Rights (ECHR) on the parliaments supremacy. It is, therefore, important to evaluate the evolution of this doctrine considering the concepts of judicial power and judicial review as per the provisions of the HRA 1998 and the ECHR. Parliamentary Sovereignty and HRA Act 1998 In theory, judicial power is defined as the authority exercised by an arm of government to hear, determine and make judgements.[5] Judges exercise their legislative power when they interpret statutes without any reference to members of parliament.[6] In the UK, sections 2 and 3(1) of the HRA 1998 give the judiciary interpretive powers on Conventional Rights and primary legislation in relation to these rights. All UK law is subject to interpretation in a manner that is compatible with the 1998 Act.[7] This leaves the power to enforce human rights with the judiciary; an increase in the courts powers at the expense of parliament.[8] There is a variance of opinion on the effect of the expansion of the courts judicial powers on parliamentary sovereignty. In R (Jackson) v Attorney General,[9] Lady Hale stated that by enacting the 1998 Act parliament had limited its own powers. This is because the provisions of the HRA 1998 provide judges with the obligation to surpass conventional domestic law while performing their interpretive duty.[10] It is important to note that the effectiveness of courts depends on the willingness of other arms of government to abide by their decisions.[11] In as much as courts are encouraged to be more radical in their interpretation, they can only do so within the current limits of law.[12] In re (S) (Care Order: Implementation of Care Plan),[13] the court held that the HRA 1998 aims to protect sovereignty and as such the previous courts ruling had unjustifiably exceeded its interpretive mandate and was instead altering law under the guise of interpretation.[14] Courts have the power, under judicial review, to assess the action of other government branches so as to determine their legality and constitutionality.[15]A victim of a decision, action or omission of a public authority can apply to the High Court to provide a remedy where the authority is found to have acted unlawfully.[16] This power is provided under section 6 of the HRA 1998 that forbids any public authority from executing its mandate in contradiction to the rights. A body is subject to judicial review in respect to its public functions regardless of whether it is statutory or not.[17] In R v Panel on Takeovers and Mergers[18] a non-statutory organisation was held as susceptible to judicial review as it was exercising public functions. Traditionally, the standard for judicial review under the HRA 1998 was the irrationality test set out in the Wednesbury[19] case by Lord Greene where the rationale of decisions was tested against the reasoning and moral standing of any logical man .[20] The HRA 1998 has given courts new powers of judicial review that enable them to challenge the decisions and actions of the government in human rights terms.[21] Parliament decisions can now be challenged thus creating a limit on parliamentary sovereignty.[22] In order to preserve this sovereignty, the declaration of incompatibility was created under section 4 of the 1998 Act to ensure that where an incompatibility arises parliament still gets the final say on how to address it.[23] As illustrated in the R (Anderson) [24] where the Home Secretarys powers remained lawful and in force, despite being rendered incompatible to the HRA 1998, until a new statute was enacted; declaration of incompatibility does not invalidate statute. Parliamentary Sovereignty and the ECHR When the court at Strasbourg rules in a case, articles 1 and 46(1) of the ECHR expect that the state in question takes the necessary legal initiative to ensure that any issues raised are addressed accordingly.[25] This constitutes the extent to which judges can make law under the Convention. The Convention has been interpreted as a living instrument a claim which Lord Judge stated meant that courts could legislate on issues which previously were under parliaments jurisdiction.[26] He believed that members of parliament should have ultimate supremacy over unelected judges of any jurisdiction unless they chose to surrender such supremacy.[27] With regard to their interpretive duty, Lord Bingham in Ullah v Special Adjudicator[28] summarised the mandate of domestic courts as merely to keep up with the evolution of jurisprudence at the international court.[29] This mirror principle has however been contested by Lord Irvine who believes that UK judges should not be restricted to the bare m inimum requirement in adjudging cases as stipulated in Ullah[30] but should critically analyse the cases themselves.[31] Internationally, parliamentary supremacy is challenged by the courts power of judicial review. The standard for judicial review compatible with the ECHR is that of proportionality.[32] Unlike the irrationality test, the onus probandi lies with the legislator rather than the victim.[33] In R (Daly) v Secretary for the Home Department[34] the House of Lords endorsed proportionality as the authoritative measure of review in human rights cases as it provided a stricter and more definite assessment.[35] According to Dr Pinto-Duschinsky, the expansion jurisdiction of the European Court of Human Rights (ECtHR) has created a democratic inadequacy that can be corrected by introducing an override, as is present in the HRA 1998, where the back still lies with parliament.[36] Conventions rights are protected under natural law which is supported by the government.[37] However, this does not empower parliament to nullify human rights.[38] The power of judicial review is vested in the Strasbourg co urt to ensure justice prevails as even democratically elected governments could be guilty of the gravest crimes.[39] Abnegation by parliament to adhere to the Courts decisions on any matters to which it is a party would only serve to challenge the UKs international standing.[40] Conclusion The HRA 1998 upholds parliamentary sovereignty as it denies UK courts powers to veto statute.[41] The Act contains a number of provisions to protect parliamentary sovereignty[42] the most significant being that parliament still has a say on whether to repeal or amend the law which the judiciary advises as incompatible.[43] However, the orthodox standing on Parliamentary Sovereignty has evolved due to the expansion of powers in the judicial arm of government. These expansions serve to check and balance the parliamentary supremacy with respect to the Doctrine of Separation of Powers. Parliament is, therefore, sovereign but only to the extent in which its decisions are compatible with Conventional and Human Rights. References BBC, European Court of Human Rights Risk to UK Sovereignty BBC News (United Kingdom, 28 December 2013) www.bbc.com/news/uk-politics-25535327 accessed 29 August 2016 Bellamy B, Political Constitutionalism and the Human Rights Act (2011) 9 (1) ICON https://icon.oxfordjournals.org/content/9/1/86.full accessed 29 August 2016 Draft Voting Eligibility (Prisoners) HL Bill (2013-14) 13 www.publications.parliament.uk/pa/jt201314/jtselect/jtdraftvoting/103/10307.htm accessed 29 August 2016 Elliot M, The Three Dimensions of the Relationship between UK Law and the ECHR (Public Law for Everyone, 5 December 2013) https://publiclawforeveryone.com/2013/12/05/the-three-dimensions-of-the-relationship-between-uk-law-and-the-echr/ accessed 29 August 2016 Fenwick H, Phillipson G and Masterman R (eds), Judicial Reasoning under the UK Human Rights Act (CUP 2007) https://books.google.co.ke/books?id=7bQakM9B7TYCprintsec=frontcover#v=onepageqf=false accessed 29 August 2016 Gardner C, Lord Irvine: British Judges Should Decide Human Rights Cases for Themselves (Head of Legal, 14 December 2011) www.headoflegal.com/2011/12/14/lord-irvine-british-judges-should-decide-human-rights-cases-for-themselves/ accessed 29 August 2016 Gordon R and Ward T, Judicial Review and the Human Rights Act (Routledge 2013) Horne A and Miller V, Parliamentary Sovereignty and the European Convention on Human Rights ( House of Commons Library, 6 November 2014) https://commonslibraryblog.com/2014/11/06/parliamentary-sovereignty-and-the-european-convention-on-human-rights/ accessed 29 August 2016 Howard E, Is Parliamentary Sovereignty Now at Threat from the Judiciary? (2014) 1(1) The Undergraduate https://www.theundergraduateexeter.com/2014/03/human-rights-act-1998-parliamentary-sovereignty-judiciary/ accessed 29 August 2016 Kavanagh A, Statutory Interpretation and Human Rights after Anderson: A More Contextual Approach (2004) Public Law 540 Masterman R, The Separation of Powers in the Contemporary Constitution: Judicial Competence and Independence in the UK (CUP 2010) Thomas Raine, Judicial Review Under the Human Rights Act: A Culture of Justification (2013) 1 NELR 90 https://research.ncl.ac.uk/media/sites/researchwebsites/northeastlawreview/Thomas%20Raine.pdf accessed 29 August 2016 Andy Williams, UK Government Politics (Heinemann 1998) https://books.google.co.ke/books?id=6keDJpK0xL8Cprintsec=frontcover#v=onepageqf=false accessed 29 August 2016 -- How the Human Rights Act works (Liberty) www.liberty-human-rights.org.uk/human-rights/what-are-human-rights/human-rights-act/how-human-rights-act-works accessed 29 August 2016

Monday, December 2, 2019

Weimar Society and Culture Essay Example

Weimar Society and Culture Paper The good years for Weimar Germany were from 1924 to 1929, when the Republic got through the crises of 1923 and entered a stage of stability. The economy at this time was prosperous and the political chaos turned to constancy. The brilliant culture of Germany made it the centre of European creativity. This was in the areas of music, film, art, literature, science and more where Berlin showed great talents! Berlin was now seen as one of the most exciting cities in Europe, and Germany was accepted back as an equal in to the community. Theatre and the cabaret especially flourished in Weimar society and culture with the concept of Proletarian Theatre developed by Erwin Piscator coming in to play. This theatre produced plays as well as challenging views of the members of society which hadn’t been seen much before this time. A man named Bertolt Brecht along with composer Kurt Weill; they created The Threepenny Opera, a production that became very successful when it first appeared in 1928. Brecht was a communist and his work usually expressed his lack of exception with the commercial mid-class culture. Most theatre pieces of Germany were different to the past because much of it had a political and social message. When it came to the cinema, Berlin had a very progressive film industry. In the 1920’s, more films were produced then in the rest of Europe combined. Many amazing German directors were discovered who included Fritz Lang, Joseph von Sternberg and Ernst Lubitsch. Some of the movie master pieces these men created include: The Cabinet of Dr Caligari, The Blue Angel, Metropolis and Nosferatu. We will write a custom essay sample on Weimar Society and Culture specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Weimar Society and Culture specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Weimar Society and Culture specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Blue Angel launched its star Marlene Dietrich who became world famous. Nosferatu was a German horror movie and so was The Cabinet of Dr Caligari. The Cabinet of Dr Caligari was directed in 1919 by Robert Wiene; and is the story of murder and deception set in a small German town of Hols enwall. Both of these horror movies were re-made again in the future. Great film companies made German cinema one of the most notable in the world (a position it never again achieved). Leading composers of atonal music taught and heard their works first performed in Weimar Germany. The following decade in Germany was full of wonderful writers and great literature. Some of these writers include Hermann Hesse, Thomas Mann and Erich Maria Remarque who was famous for his novel ‘All Quiet on the Western Front. ’ A. q. o. t. w. f. was published in 1928 and was the most famous of all his work. The novel is about the cruelty of war from a soldier’s perspective. Thomas Mann was awarded the Nobel Prize in Literature, 1929, most probably because of his successful novels Buddenbrooks and magic mountain. The famous school of architecture ‘Bauhaus’ came across the new designs for German building. Walter Gropius was the founder of the school in 1919, believed that art should work with technology and make a change to the buildings they were to create. The school reflected the issues going on in Germany and rejected the older more traditional styles that were seen in the dire times of the country. Berlin, in particular, became a thriving midpoint of many new art movements such as Dadaism and expressionism. Artists used techniques that were new and unusual to produce meaningful works that expressed the world and reality. Artists liked to express there feelings and emotions; most of the time reflecting the suffering and hardships many German’s had to go through in society. The major artists of this period include George Grosz, Otto Dix and Max Ernst (as well as many more). Max Ernst was particularly famous because of his weird behaviour and unorthodox methods. The Weimar artists were first influenced by Russia and the USA. The assembly line technique that was developed in the American auto industry, the skyscraper, and styles of the American’s mass consumption seemed to be the core of modern Weimar artists. They adapted some American forms but often used them critically and creatively. Germany had the most educated population in Europe so it made technological and scientific advances during the 1920’s. Seven Nobel prizes were won by German scientists through out the decade; and had the most famous scientists of them all; Albert Einstein who worked in Germany until 1933. Einstein was a theoretical physicist who was best known for his theory of relativity which is E=mc2. He won the 1921 Nobel Prize in Physics. A man named Karl Mannheim developed theories encouraged by a synthesis of socialism and Freudian therapy that have proven highly influential in the twentieth-century. In addition to that, the Weimar Republic inherited excellent universities and science centres. Gottingen was the worlds most famous centre for physics, and German was the international language in physics and chemistry. The technology of Weimar Germany also boomed. The world’s first great passenger airship was created and named the Graf Zeppelin. This humongous plane was created by a company called Luftschiffbau Zeppelin and was filled with oxygen to make its crossings to the USA and South America. One day it even flew around the whole world! Another German airship made was named the Hindenburg and only to destroy itself while attempting landing in 1937. Also communications advances such as the radio were developed. The New roads and railways were being made, so now the motor industry including the Mercedes and the BMW flourished. Like any catastrophe, the Great Inflation also had important social effects; which hit many people of the middle class. For example, young girls were permitted by their parents to hire themselves out as prostitutes so long as they were paid with butter, one of the most precious goods of inflation-ridden Germany. Government officials once who were corrupt; willingly accepted bribes in the form of food or foreign money in exchange for permits and ration cards. One might even see government officials and men of the world of high finance courting drunken sailors without shame. In Berlin, hundreds of men dressed as women, and hundreds of women as men under the accepting eyes of the police! Not saying all Germans reacted to the inflation in this way, even the middle class. One of the more serious reactions to the uncertain economy was the growing suspicion amongst the middle class that the Jews were somehow responsible.