Explain the different rules and approaches taken by judges when Essay

Explain the different rules and approaches taken by judges when interpreting an Act of Parliament, giving examples from case law, and critically analyse their advantages and disadvantages - Essay Example These rules were developed many years ago in the English law and have been used through the doctrines of stare decisis and judicial precedent. Historically, there are various reasons why there may be need for interpreting statutes. One reason is that people making and drafting the laws may, sometimes fail to give meaning to certain words that they are necessarily implied. In other cases, the rules may be described by broad terms and judges have the discretion of give meanings depending on the prevailing situations. In other instances, certain words may be ambiguous. On the same note, development of situations and prevailing circumstances are often unforeseeable hence need for interpretation of the situations. Lastly, certain errors may occur during drafting and inadequate wordings which may call for interpretation by the judges (TOLLEY 2009). This rule received its foundation in the 16th century in the Heydon’s case( 1584). The judge relayed several rules that should be used for mischief rule to be effective. The courts consider the common law before the enactment of the legislation. Secondly, the courts normally consider the defect that the inception of the law was supposed to tackle. Thirdly, the courts consider the remedy that parliament had in mind while making the law. Fourthly, the judges have a duty to ensure that they recognise the significance of the remedy and make any necessary rulings that would counter the mischief that the law sought to rectify (SPICER et al 2006). During the formulation of the mischief rule, most of the laws that the court relied on were common law developed through precedent, and not parliament legislations. In that regard the use of the concept was still new and has changed over time. In Smith v Hughes of (1960), the court deliberated on this issue. In this case, contrary to the provisions of the law that prohibited soliciting for prostitution within premises and streets, the

Fire Service Pro Qual Essay Example | Topics and Well Written Essays - 750 words

Fire Service Pro Qual - Essay Example However, the systems main emphasis is on the procedures used to administer examinations. In doing this, the system ensures that the participating institutions and entities act in accordance with IFSAC’s laid down procedures and policy framework aimed at improving the quality of the certification programs (IFSAC). It is important to point out that IFSAC’s role is to give accreditation to institutions and programs that provide certification to individuals. In effect, this implies that IFSAC role is not to accredit fire departments. Like IFSAC, the Pro Board was established in 1990 with the responsibility of accrediting organizations that followed the professional qualifications standards provided by the National Fire Protection Association (NFPA). In this case, the system’s primary responsibility is to accredit organizations that provided certification to career and voluntary firefighters in public fire departments. Nonetheless, it is crucial to note that the Pro Board also considers other organizations with fire protection interests. Certified individuals from Pro Board’s accredited entities meet the rigorous national standards measurements measured against their peers. In addition, the accreditation enhances the credibility of an organization, which helps the organization secure more funds during budget time (The Pro Board). The National Fire Protection Association (NFPA), provides various certifications to ensure that fire professionals acquired the requisite ability, which requires knowledge and skills, in order to remain competent in their line of duty. One such certification is on professional qualifications for fire inspectors. In order to achieve this certification, fire inspectors should have the knowledge, skills, and ability required to perform their roles. First, a fire inspector should have the ability to prepare inspection reports that are clear and concise according to the codes and standards. In

Essay Example | Topics and Well Written Essays - 1000 words - 48

Essay Example The risks and benefits, the rights and wrongs, or the pros and cons of genetically modified food and science are global concerns in both public and private arenas (Adolphs, Hamilton and Nerlich, 58). In today’s technological world however, GM crops and products play an important role in driving modernization and as such they are here to stay; as long as focus is not placed on future technological advancement instead of today’s risks and disadvantages, and if research, assessment, controls and policies are adequately and stringently evidenced then the benefits, will eventually negate the risks. Martin Teitel, in his article entitled ‘Unsafe at any Seed?’ argues against GM food claiming the argument that GM foods are better for the environment, farmers and consumers â€Å"should be taken with a grain of salt† (1). He further purports that this new technology has grown too quickly with insufficient testing, has entered supermarket shelves too soon, and necessitates further research and an objective commission to verify and validate the safety of such foods prior to entering the market. This paper will argue in agreement of Teitel’s paper in some respects but will not concur with others. Although Teitel has put forward some pertinent points that are significant if biotechnology is to continue and develop, his argument falls short in that he fails to consider the debate from two perspectives – that of the opponent and that of the advocate of GM foods – and has remained steadfast on the side of opponents at the risk of sounding dogmatic and ill informed. The situation is not as black and white as Teitel paints it; within the developed world scientists are at odds in their convictions on measurement of risk, both for health and the environment. Many are convinced that assessments are not necessary or are too harsh, while

Fast food in American culture Essay Example | Topics and Well Written Essays - 1250 words

Fast food in American culture - Essay Example n American eats at a fast food restaurant is probably four to five times a week indicating towards the trends that people do basically not prefer to cook at their own homes. (Counihan) The history of fast food in America is almost 70 years old when during the first half of the 20th century; an individual with the name of Carl Karcher started to sell the hot dogs and other fast food products. This was basically to provide the speedy service to the customers and it gradually became the main characteristics of the American life also which value speed and efficiency much. It is therefore important to note that fast food has some deep impacts on the way American life actually work and how the common Americans act and respond in certain situations. Fast food as the name suggests is the food which can be prepared and served very quickly however, it is also important to note that any meal which is prepared within shortest possible time can be considered as fast food. Fast food is served over small kiosks or through restaurants and some of the best restaurants offer fast food through their chains. McDonalds, KFC, Burger King are some of the fast food chains offering different kind of burgers and sandwiches as well as other fast food stuff including coffee also. Coupled with the business of fast food chains is the concept of franchising wherein the fast food restaurants basically sell their ideas and operational secrets to whoever purchase the franchise and sell under the same name. The rapid spread of fast food culture and restaurants is mostly a result of the process of franchising wherein the original owners of the restaurants provided the support; brand name and recipes to franchisees in order sell the similar product. The culture of fast food eating also flourished as the US economy started to grow and the average hourly rates of common Americans increased. This increase in the income of the persons actually allowed them to afford the luxury of eating out and thus

Business Economics Essay Example | Topics and Well Written Essays - 3750 words

Business Economics - Essay Example There is an inverse relationship between a country’s current account and its foreign debt, all things remaining equal. This can be observed from the current account and foreign debt statistics of Australia, in the current year. In the year 2009 there is a deficit in Australia’s current account. This is because of a continued rise in its net foreign debt which results in a negative impact on a country’s current account. As shown in the figure below – the total current account deficit for the year 2009 amounts to $6346 million. Revenue gains received by a country help in increasing the balance in its current account while excessive expenditure leads to a deficit. Thus, if a country imports more goods and services than the goods and services it exports, it leads to a deficit in its current account and vice versa (Daly, 2004). The above figure shows an increase in Australia’s net foreign debt, over the years from $506,355 million in 2006- 07 to $616,650 million in 2008 – 09 (Australian Bureau of Statistics, 2009), thus indicating that its exports far exceeds its imports, and the savings are relatively lower as well. Thus, it can be said that there is an inverse relationship between current account deficit and foreign debt of a country, as the foreign debt increases, with savings remaining constant, there is a deficit in the current account while, a reduction in foreign debt, increase in exports, increase in savings, etc would lead to a surplus in the country’s current account. Another significant relationship between CAD (current account deficit) and foreign debt of a country is the fact that as the country experiences a CAD it leads to an increase in foreign borrowings, which is required to pay off the deficit, which ultimately leads to a further increase in foreign debt. As the fore ign debt rises, the interest on it rises simultaneously,

My Familys experience with cities over the past three generations Essay

My Familys experience with cities over the past three generations - Essay Example Who could have blamed them Over the past sixty years, Santiago has seen numerous political rebellions and battles which finally lead to a nearly twenty year dictatorship. If my mother finally decided to move to the United States, it is, to my opinion only because of me and the opportunity she had for all of us. Wouldn't we have been there, she would have remained in Santiago. In this essay, I will present the ties my family and I have to our cities and explain on what they rely and their differences. I will try to show that even though we were all born and raised in the same place, our point of view at the same age - 20 - were totally different and the way that we have lived our lives there reflects it. We will see that the city is a My Grandmother, Liliana Domingo, was born in Santiago, Chile in 1942 and since than has been living all her life there. In 1962, at the age of 20, she was working at a local hospital as a nurse. That year marked the fourth anniversary of the president's Jorge Alessandri Rodriguez election. He was promoting foreign investments and free enterprise. The political developments were easily seen in Santiago and often noticed by my grandmother. She started nursing more and more foreigners who were visiting the country for business. It was this people who participated to the modernization of the city. She soon began to think that maybe one day Santiago will become an international city just like London, Paris or New York. These believes helped her in her everyday life which was not so easy. As both a working woman and mother she was busy 24 hours a day, barely finding some time to rest. She woke up very early in order to prepare the entire family, went to work, on her way back did the groceries and finally took care of dinner for all. In the meantime her Santiago was changing. The tramway nearly disappeared, leaving the empty space for buses and trolleybuses. She found it amazing as she never could take the tramway to go to work and spent an hour walking to the hospital. When the buses arrived, it took her only twenty minutes to go to work as the bus was passing just in front of her house leaving her just two blocks away from the hospital. Buses and Trolleys were principally of European origin. As she recalled treating European patients, she was proud in believing that she helped, in a certain way, create this new system of transportation. This is what Santiago was for her, a sort of haven. Though she spent most of her time working at the hospital or at home, she found it much more easier now because of all the new transportations available in the city. Her opinion was that this is the kind of means that a city has to put up in order to make people's life easier and more pleasant. Electricity, water and gas were now available to everybody. Schools, universities were spreading. It was alike a new city was being built just on top of the new one and an extraordinary quantity of opportunities at the same time. Santiago, in 1962, according to my grandmother was an example of modernity combined with a respect of a good and decent way of living; I believe even before my mother reached 20, that my

Taxtion Profect Literature review Example | Topics and Well Written Essays - 2250 words

Taxtion Profect - Literature review Example However, the impact of tax travels to the end consumer in a VAT scheme much like other taxation systems since goods and services providers tend to move the taxed amount to the end consumer’s final price receipt (Ebrill et al., 2001). VAT Implementation in the United Kingdom VAT is not a new concept to the United Kingdom (UK) and was in place before the UK signed up for the European Union. The initial implementation of VAT in the UK dates back to 1973 when it was introduced by the national government as an entry condition to join the European Union (EU) (Warren, 1993) (IFS, 2009). VAT is not levied universally on all goods and services in the UK. Instead, VAT is applicable to certain goods and services at varying rates in the UK. Directives concerning the amount of VAT and its application to goods and services are provided both by the UK government and certain EU rules and guidelines. Moreover, VAT rates tend to vary for certain goods imported from outside the EU (HMRC, 2013). VAT Rates Her Majesty’s Revenue and Customs (HMRC) provides for three different VAT rates that are classified as (HMRC, 2013): Standard 20% Reduced 5% Zero 0% Standard VAT rates apply to most goods and services consumed in the UK while reduced rates apply to certain items such as fuels, energy savers, power items etc. On the other hand, zero rates apply to certain other items such as certain food items, public transportation, books, children’s clothes etc. (HMRC, 2013). It must be kept in mind that zero rate VAT items are differentiated from items exempted from VAT. Any items that are exempt from VAT cannot have VAT based taxed applied to them under the law such as on insurance, charitable fundraising, life saving services etc. In contrast, zero rate VAT items are taxable but are charged for at 0%. The retailer may lodge a reclaim with the HRMC for zero rate VAT items but not for VAT exempt items (HMRC, 2013). In addition, VAT law provided by the EU mandates that the m inimum standard rate for EU members has to be 15%. Member states are also allowed to apply a maximum of two different reduced rates that should be at least 5% on certain goods (European Commission, 2006). Moreover, any changes in VAT especially changes concerning decreased VAT rates must be approved by the EU alone (Victor, 2010). Regional Comparisons VAT is applicable throughout the EU and certain member states exhibit exceptionally high VAT rates. Regional comparisons of VAT rates are presented in the table provided below. Table 1 - VAT regional comparison sourced from (Victor, 2010) Country VAT Rate (%) UK 20 Denmark 25 Hungary 25 Sweden 25 Iceland 25.5 Criticisms against VAT VAT is collected at each value addition stage in the provision of goods and services so ideally VAT’s burden should be borne by these stages and their stewards. However, practically VAT banks on the end consumer much like other forms of taxation. This tends to make VAT just as cumbersome for the avera ge consumer as other forms of taxation. In addition, it has been argued that VAT is essentially a regressive form of taxation though proponents of VAT consider it as progressive. The graph presented below presents how different taxes on consumers in the UK tend to vary by the income quartiles. Figure 1 - Tax composiitons and their differences according to income groups in the UK sourced from (Murphy, 2010) Tax collection through VAT is generally lower than expected