The Role of Civil Society in Democracy - 2277 Words

The Role of Civil Society in Democracy Keith Sanders July 20, 2013 CIV 410 Victoria Labs As one looks at the history of democracy, it is common to detect an undertone, a rush of voices clamoring for purchase in the debate regarding how the country will be governed. It is my belief that this undertone is the footprint of civil society, a segment of democratic societies that often can be difficult to identify. Much has been said about how difficult civil society is to define. However, as I read the various definitions and came to my own conclusion, it seemed to me that we should look at civil society as the vital foundation on which democracy is built. There are definitely challenges and civil society is not perfect, but democracy itself is†¦show more content†¦I believe that Brian O’Connell elucidates an important pre-condition for the strong civil society that developed in this country when it was simply a part of the British Empire (O’Connell, 1999). When British settlers first came to North America, it was a largely untamed wilderness, and to som e degree the first settlers were entirely on their own, since many of them were religious dissidents, seeking a place to practice the faith they deemed to be correct. The colonies that were set up by the British largely came once they were made aware of the natural bounty that existed in North America. The first settlers’ isolation and the subsequent isolation that even the official British colonies experienced forced people to organize and to create associations; institutions such as churches, granges, unions, public services such as fire companies, sheriff’s offices, and militias (O’Connell, 1999). These institutions began to represent the American experience, as our means of socialization and support. Therefore, as I see it, civil society came first and in truth created the framework upon which our founding fathers laid our representative democracy. The groups and institutions that were created during the settling of North America gave America the confidence to legally declare its separation from Great Britain. As I see it, the successfulShow MoreRelatedCompetitive Authoritarianism And Political Authoritarianism869 Words   |  4 Pages1. competitive authoritarianism competitive authoritarianism Levitsky and Way describe, a competitive authoritarianism is, in essence, a democracy but it lacks proportional representation and most of the elections and government institutions are predisposed to only the elites. Juan Linz describes this as a diminished form of authoritarianism. In competitive authoritarianism regimes, elections are normally rigged, power figures regularly misuse state resources while oppressed are denied simple libertiesRead MoreCivil Society : A Necessary Condition For Democratization1136 Words   |  5 PagesDespite its role as a necessary condition for democratization, civil society only constitutes one half of the dichotomy of sociopolitical development; social capital represents the second half. The level of social capital, which occupies the role of currency used to invest in civil society, determines the efficacy and nature of civil society in a new democracy. In order to successfully transition to a democracy, three necessary conditions must be met: the first condition of democracy today is thatRead MoreCivil Society in South Africa Essay1562 Words   |  7 PagesThis literature review will focus on civil society and its relation to the state in South Africa. The first section will briefly summarize the emergence of civil society in South Africa. The next section will discuss transformations that occurred in civil society during South Africa’s transitional period from the Apartheid regime toward democracy in 1994. The third section will discuss some of the successes of civil society during and after the transitional period followed by the fourth sectionRead MoreDemocratic And Democratic Political Systems Essay1740 Words   |  7 PagesDemocratic Political Systems Democracy is typically known as a type of government that is ruled by the people. Active public participation in political matters, free and fair elections, equality, and protection of basic human rights are at the core of democratic political systems. Individual citizens, organized groups and institutions, elected officials and governmental bureaucracies all contribute to the democratic nature of these political systems, but the main power resides with the people.Read MoreThe Civil Society : A Community With Common Interested And Collective Activities1407 Words   |  6 PagesCivil Society Civil society nothing but the community with common interested and collective activities within society, though it was colonial concept and practice to introduce us that is common belief, faith and practice by the society whom so far it has common interest or collective activities to sustain their belief and pride so for, thought it has not functioned in isolation from the state apparatus and institution. The state needs to be recognized for its role as a guarantor of define ruleRead MoreDemocracy in the 20th Centuries Essay1446 Words   |  6 PagesIs democracy possible? Modern democracies have continually developed throughout the 20th century. These democracies have culminated from revolutions,wars, and even economic development. As democracies continue to grow democracy promotion has been a key issue for world governments, especially the United State of America. History has shown that building democracy is a very strenuous and a difficult task to accomplish. With the inception of government, democracy has been a seemingly difficult conceptRead MoreThe Role Of Organizations In Organizations1487 Words   |  6 Pagesturned out to be so moveable and hungry in terms of finance, that even small financial injections began to yield the expected results. For example, as it mentioned above a civil society support program was developed, funded by USAID. The program was aimed at strengthening civil society through the support of local civil society institutions and initiative communities in Central Asia. The Council for International Research and Exchanges ( IREX), which carried out the program in Uzbekistan during 2005Read MoreNigeria And Keny Corruption Essay1546 Words   |  7 Pagesthe lack of democracy. In Nigeria, corruption stems from the problem with oil, it leads to political violence, repression and unchecked government power. In Kenya, corruption arises from economic interests, causing political instability and hindering development. In addition to that, both experience electoral corruption. Conversely, civil societies active participation in the government propels each country towards a â€Å"thicker† democracy. Even though Nigeria and Kenya are thin democracies, their highRead MoreRousseaus Concept of Democracy Essay995 Words   |  4 PagesRousseau describes democracy as a form of government that â€Å"has never existed and never will† ; yet twenty-six countries in the world are considered to be full democracies. How can this be possible? Rousseau’s concept of democracy supports the most fundamenta l and basic premise of democracy – one in which all citizens directly participate. While his idea of democracy cannot be considered an effective indictment of what passes for democracy today, it is not Rousseau’s account which is flawed but thatRead MoreSocial Capital : An Organization And The Power Of Action Of Individuals With Common Goals1472 Words   |  6 PagesSocial Capital Social capital is a set of relationship rules between the parties that make up a society. These rules define the participation, the organization and the power of action of individuals with common goals. Although the concept of Social Capital is not new, it became known only from the work of Robert Putnam, published in 1993: Making Democracy Work: Civic Tradition in Modern Italy. Initially the concept had been defined as a set of social relations marked by goodwill and friendliness

Two Sides of The Same Coin The Courtier, Written by...

The Renascence was based on the idea of humanism, the human essence of men. The common ground that this definition had was based on the idea that the population is human and religion falls in the background. The idea that â€Å"simple† humans could be heroes comes to light and both Castiglione and Machiavelli describe the characteristic of this person. These two, based on the same subject they implement a different integrity on how to succeed. The Book of The Courtier, written by Castiglione, describes the characteristics necessary to be an honorable courtier. Among the characteristics of a courtier is modesty, grace, courage and appearance are described. One of the most important characteristics that must be embedded by a courtier is courage. Courage is the strength to despite the situation do what is right. Important because such trait makes it more than a hero it makes him powerful as through history we see people being quiet for money especially in the world of politics. Many times, the advisor is the real ruler as it has greatly influenced in the decisions taken by the ruler. Castiglione describes a man to be â€Å"perfect,† capable of excelling in every scope, outshining everything. As a result, the significance of â€Å"Humerism† or the universal man is generated. This fact explains the choice of describing a courtier, the person that advises the king, which at the same time highlights the importance of this person and its role in society. The indicated aspect shows the

Major Court and Tribunal Decisions †Free Samples to Students

Question: Discuss about the Major Court and Tribunal Decisions. Answer: Introduction: It is important to state that from the very beginning that the subject-matter of administrative law relied upon the principles of fundamental values. In this regard, it is noteworthy to mention here that the principles of accountability, rationality, decision-making and rule of law are consistent with the concept of administrative justice. The concept and mechanisms of administrative law is a long debated topic which is a matter of concern for the contemporary authors[1]. The essay is commissioned to examine the mechanisms of administrative law which proved to be inefficient in providing appropriate justice to individuals. Therefore it can be agreed that an individual has to rely upon the Court of justice by ignoring the action taken by the Administrative tribunals. In order emphasize the action of the administrative tribunals it is important to explain the functionality. Administrative tribunals are regarded as governmental agencies specialized in dealing with judicial procedure that has been established under the legislative framework of federal and provincial government. However various public authorities and public boards are entrusted with the power of decision making which includes- administrative tribunals, administrative boards and other public bodies. It is noteworthy to mention here that the administrative tribunals follow the basic principles of common laws and applies the statutes accordingly. However, the procedural rules are also applicable and therefore the administrative tribunal is bound to follow the procedural constraints. Therefore, it can be stated that while performing judicial and quasi-judicial functions the statutory decision makers are governed by the principles of common law[2]. However, it can be observed that the dis puting parties sometimes require the formal procedures of Court for resolving the matter concerned. Therefore, in such cases the disputing parties are at the authority to question the administrative proceedings and the substantial question of law involved in relation to the principles of natural justice. In some cases it can be observed on the part of the administrative tribunals to contemplate a decision which is informal in nature. In such cases, the impact of the decision given by the administrative tribunal may be relatively minor as compared to courts and the parties involved in such administrative proceedings shall not be entitled to natural justice[3]. Therefore, in such cases the Courts are at the authority evaluate the legality of the decision given by the administrative tribunals by relying upon the doctrine of fairness. It can be rightly stated that Courts are entrusted with supervisory jurisdiction on the actions performed by the administrative tribunals, boards and other public bodies. However, in cases where the disputing parties are affected by the decision taken by the administrative tribunals may present an application before the Court to review the decision of the administrative tribunal. Such process is considered as judicial review which involves the application of both procedural judicial review and substantial judicial review. Procedural judicial review is conducted by the Courts when the decision taken by the administrative tribunal has not complied with procedural fairness. However, the process of substantive judicial review challenges the decision of the administrative bodies itself[4]. If it appears to the parties that there has been illegality and irrationality in the decision taken by the administrative tribunal, then the disputing parties are at the opportunity to apply for substan tial judicial review. It can be mentioned that the supervisory jurisdiction of the Courts over the administrative tribunals is governed by the rule of law. Therefore, the Parliament and the provincial legislatures do not have the authority to exclude the right to judicial review as the individuals are dependent on the rulings of the Court as they are at the impression that whether the administrative tribunals have acted according to the principles of law[5]. It can be stated that the right to exercise judicial review is discretionary and the Courts are at the authority to perform judicial review whenever necessary. In this regard, the standard of review can be emphasized which refers to the process of review that should be determined by the courts while deferring the decision made by an administrative authority rather than overriding the decision. The review of administrative action is approached by the Courts for the purpose of determining the issues in concern. Traditionally, the Courts applied the test of standard reasonableness and correctness in identifying that whether a decision is a subject to judicial review or not. However, it requires significant period for identifying the amount of unreasonableness and irrationality in the decision. Therefore, in order to deal with such confusion the standard of patent unreasonableness was enacted for the purpose of dealing with situations where the legislative framework contains a privative clause. The presence of the privative clause signifies that the decision made by the administrative authority cannot be reviewed by the Courts. Therefore the standard of patent unreasonableness prevents the intention of the legislature to exclude the practice of judicial review[6]. Therefore, privative clause may be include in the statute of a tribunal which limits the practice of judicial review thereby declaring the decision of the tribunal to be final and binding upon the parties. In relation to the privati ve clause the supervisory jurisdiction can be exercised by the Courts. However, the existence of a statutory right of appeal does not signify that that the decision taken by the administrative tribunal is final and binding. In this regard, the Court has the authority to refuse the application of judicial review of an administrative decision unless and until there has been exhaustion of statutory rights of appeal. The Courts are at the authority to consider the expertise of the tribunal in matters which involves the substantial question of law and fact. In this regard, if it comes to the knowledge of the Courts regarding the fact that the tribunal are not specialized to deal with specific matters then the Courts shall perform judicial review. In case where the issues contained in the matter in concern relates to the rights of the disputing parties, the intervention of Courts is required. In this regard, it is noteworthy to mention here that the remedial jurisdiction of the Court to perform judicial review is limited to the powers that have been depicted in the appropriate statute[7]. In this regard, an example of the powers of the Ontario Divisional Court can be illustrated which are outlined in Section 2 of the Judicial Review Procedures Act and in Section 18.1(3) of the Federal Court Act in case of Federal Courts[8]. It is important to state here that the Courts are entrusted with the power to grant relief against an order given by an administrative tribunal with an exception of costs. For instance, it may occur on the part of the Court to order an administrative tribunal to reconsider the matter and make the decision accordingly which may happen as a result of an application for judicial review applied by the parties to dispute. However, the Court does not provide limitations on an application from doing any act or refrain from doing any act in relation to the application for judicial review[9]. It is obvious that both the Federal Court and the Divisional Court are not at the authority to award damages on judicial review. However both the Federal Courts and the Divisional Courts are at the authority to make interim orders which includes both staying and suspending orders involving an administrative proceeding pending the application for judicial review. It can be rightly mentioned that the power of the Federal and Divisional Courts proved to be significant for two reasons. Firstly, the decision taken by an administrative authority shall not be pending to judicial review automatically. Secondly, most of the administrative tribunals are not entrusted with a power to make staying order of the decision made by them which is pending review. In such cases, if it appears to such administrative tribunal that it shall be appropriate to suspend the decision made by it while an application for judicial review is pending, then in this regard such tribunal has no authority. The Courts are only at the authority to suspend or stay an order. In order to proceed with the mechanisms of administrative law the fundamental elements of Australian administrative law can be emphasized- judicial review and merits review. The subject-matter of judicial review is concerned with the legitimacy of administrative decisions however the concept of merit review deals with the part of a decision carried out by different public authorities[10]. It is worth mentioning that the distinction between judicial and merit review enumerated as a result of the separation of powers which is commonly practiced in the Australian jurisdiction. The process of merit review is conducted in order to ensure the rationality or correctness of a legally sound decision made by a public authority. It is evident that the Administrative tribunals while conducting merit reviews do not follow the strict rules of evidence and therefore the process is less formal that is being followed in courts. In this regard mention can be made of few administrative tribunals involv ed in the process of merit review. These are the Administrative Appeals Tribunal (AAT), the Administrative Decisions Tribunal (ADT) and the Victorian Civil and Administrative Tribunal (VCAT). The fundamental principle of judicial review can be applied when the administrative tribunals abuse their powers by acting outside their jurisdictional limits. In this regard, the courts are vested with an authority to interfere with the decisions made by an administrative tribunal. However, the process of judicial review do not prevent the administrative bodies from making decisions, it prevents them from making any decision which is irrational and illegal[11]. Therefore, it can be rightly stated that the decision of an administrative tribunal can be interfered with if any illegality or irrationality is observed in the process. It was observed in R v Secretary of State for the Home Department, ex parte Bentley [1994] QB 349[12] that the decision taken by the administrative tribunals by excludi ng the application of the principles of both common and statutory laws from the purview of judicial review. It was observed that the administrative tribunal refused to provide appropriate reasons for such exclusion of both common and statutory laws. Therefore, it was observed that further appeal was made to the Court of Justice and it was held that that the decision made by the administrative authority was illegal and irrational[13]. It is worth mentioning that the Courts are at the authority to set aside or quash an order if the decision taken is irrational or illegal. In Posner v Collector for Interstate Destitute Persons[14] it was held by the Court that the decision made by the administrative tribunal was outside its jurisdictional boundary and therefore was invalid. It is important on the part of the administrative authorities to provide appropriate reasons in regard to the decision taken by the administrative tribunals[15]. It is essential that the administrative authorities should provide appropriate justifications regarding the usage of common and statutory laws on which it relied upon in making decision. Therefore, it shall be easier for individuals to understand both the factual and legal conditions depicted in the decisions made by the administrative tribunals. In this regard, it is noteworthy to mention that the process of judicial review has been applied to the day to day issues faced by the government authorities. However, such activities could be easily recognized by the courts in a short span of period. In this context, the traditional inherent jurisdiction applied by the procedure of judicial review by the administrative tribunals could be easily restricted. The Court of Justice was at the authority to question the application of law applied by the administrative bodies in making decision. If the administrative tribunals exercised their powers outside their jurisdictional boundaries set by the provisions of statutory law and common law in regard to natural justice then the Courts could recognize such boundaries[16]. The cases involving procedural challenges can be interfered by the Courts by setting aside the decision made by the tribunals by applying the formal procedures. It can be emphasized that there is an opportunity on the part of an aggrieved party to present an appeal which involves substantial question of law before the Administrative Decisions Tribunal. In this regard, the appeal involving the question of law could be reviewed by the Administrative Decisions Tribunal (ADT). However various intricacies may arose that whether the appellant has identified the involved question of law. In some cases when no question of law is identified then it can be established there is no jurisdiction. In addition, it can be stated that individuals with lack of legal knowledge would face great difficulty in identifying the hidden question of law. In this regard, the aggrieved party can present further appeal before the Court in order in order to get relief. In this regard, it can be emphasized that the Administrative Decisions Tribunal (ADT) can provide various methods of alternative dispute resolution which includes- neutral-evaluation, conciliation and media tion. However, these methods of dispute resolution were considered to be less formal and therefore the decision made with the application of these methods cannot be relied upon[17]. The individuals relied on the decisions of the courts as the procedure was formal which included the application of both statutory and procedural laws[18]. Therefore it can be stated that there exists an interrelation between government administrative bodies and other independent authorities such as administrative tribunals and ombudsmen. However, in case the disputes are not resolved through the independent functionaries, the matter in dispute can be referred to the Courts. It is evident that in many countries the branch of administrative law is often treated as constitutional laws. It can be noted that from the very beginning the concept of administrative law is efficiently applied to the relationship between the citizens and the state[19]. In this regard, it is noteworthy to mention that the branch of the Australian constitutional law effectively interacts with the application of administrative law in many ways. For instance, mention can be made about the principles of a Communist Party which requires the decision of an executive to act near the boundaries of constitutional powers which in most of the cases are subjected to judicial review. Therefore, in this regard, question may appear that to what extent the principles of administrative justice can be secured by the constitution by establishing the process of judicial review in relation to the decision made by the administrative tribunals. Modern scholars are of the opinion that individuals have the right to appeal to the Courts in order for the purpose of seeking judicial review of the decisions taken by the executive which adversely affected their rights[20]. The appellant shall have the right to full appeal after the declaration of the initial decision taken by the administrative body. Therefore, the parties to dispute are at the authority to have the material facts and merits to be determined by the application of the Courts[21]. This can be only done by the parties to dispute only if the matter related appears to be utmost importance to the concerned parties. Therefore, the Constitution of Australia is vested with the power to allocate the federal legislative, the executive and judicial functions to the Commonwealth Parliament, the federal executive and the High Court and lower courts of Australia respectively. In R v Kirby; Ex parte Boilermakers Society of Australia (1956) 94 CLR 254[22] which is popularly known as the Boilermakers case was a landmark case in the history of Australia where the decision made by the Commonwealth Court of Conciliation and Arbitration were held to be unconstitutional by the High Court of Australia. It was observed that the Boilermakers Society of Australia is a union which did not obey the orders given by the Commonwealth Court in regard to an industrial dispute which arose between the Boilermakers and the Metal Trades Employers Association. It was observed that the Boilermakers presented an appeal before the High Court by challenging the orders as they found the decision made by the Commonwealth Court to be invalid and irrational. In this case, it was held by the High Court of Australia that the judicial power entrusted to the Commonwealth Court of Conciliation and Arbitration cannot be vested in a tribunal which exercises non-judicial functions. The High Court of Australia in this regard made a series of consideration for the purpose of resolving issues which involves the exercise of judicial power. The view of the decision maker occupies the central in the determination of the issue[23]. However, the consequences that shall affect the interests of the individuals could only be determined by employing judicial power. In the perspective of modern authors the application of judicial control can be excluded from the matter involved it was based on the application of executive power. In this regard, it can be noted that in case of settling industrial disputes, the final determination of the dispute can be only finalized by the judiciary and not by the executive. However, some scholars were of the opinion that according to the principles of Australian Law, the important decisions which require the application of law must be decided by the Courts. According to contemporary authors, the decision taken by the administrative tribunal has been considered to be insufficient to provide relief to the parties to dispute[24]. Therefore, according to the perspective of modern scholars, the decisions involving judicial review should be left for the Courts to decide. However, under the Australian Law, the exact amount of judicial control which is necessary in deciding a particular matter is unclearly depicted[25]. The matters involving substantial consequences shall be considered by the Courts however; in case if any restrictions are imposed on the Courts then the ability of the Courts to reconsider the matter shall be objected on constitutional grounds. In Cf Brandy v Human Rights and Equal Opportunity Commission (1995) 183 CLR 245[26] the High Court of Australia provided favorable decisions in regard to attempts of the administrative bodies in conferring judicial powers upon non-judicial authorities. In this case it was observed that the Human Rights and Equal Opportunity Commission is not vested with an authority to exercise judicial functions. It can be observed that in some cases the High Court of Australia held the decision of the administrative tribunals to be constitutional and rational. In Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs it was held by the Court that the administrative authorities have acted within the executive powers by detaining the aliens while an executive determination was pending on their part. In this case the Court was at the authority to hold the decision taken by the administrative authorities to be outside the executive powers because the aliens could be deprived of their rights and interests without the application of judicial decision. However, the importance of immigration application cannot be ignored as it requires judicial control. The importance of executive powers exercised on the part of the administrative authorities has been observed in Wilson v Minister for Aboriginal and Torres Strait Islander Affairs (1996) 189 CLR 1[27]. According to the provisio ns of Section 75(v) of the Constitution of Australia the High Court is vested with original jurisdiction in matters involving writ of mandamus or injunction against an officer of Commonwealth. However modern jurists asserted that Section 75(v) do not provide any right to obtain mandamus or prohibition, it only provides with a jurisdiction. Most of the countries have adopted the principles of administrative law within their legal system. The Australian Constitution adopted the concept of administrative law and thereby applied innovative measures to uplift the accountability of the executive. With the development of the principles of common law and statutory laws in Australia in the past two decades there has been establishment of legislative and institutional framework as well for the purpose of providing administrative justice. In this regard, the application of administrative law has been implemented by the Judicial Review Act 1977 (Cth), the Administrative Appeals Act 1975 (Cth) and the Ombudsman Act 1976 (Cth)[28]. In this regard, it can be mentioned that the fundamental concept of administrative law was concerned with the rights of individuals. However, the administrative tribunals failed in their part to provide appropriate relief to the parties in dispute. In the perspectives of modern scholars the individuals are vested with the right to seek judicial review of a decision given by the administrative tribunal or any other government authorities that would adversely affect their rights to justice. In this regard, the parties to dispute are vested with the right to present an appeal before the Court questioning the substantial grounds of judicial review. Some authors were of the view that in cases where an appeal arises from the decision made by a government official to an administrative tribunal; the need to conduct judicial review arises in this context[29]. Therefore, in case of issues of importance arising between parties to dispute the Court shall be at the authority to review the legality and merits of the decision given by the administrative tribunal that is being challenged. It has been argued that the abovementioned statements exist efficiently in the subject-matter of administrative law of Australia. However, it has been alread y explained that Section 75(v) of the Australian Constitution grants the High Court with a constitutional jurisdiction for the purpose of ensuring lawful conduct on the part of the Commonwealth officers. It is noteworthy to mention here that such constitutional jurisdiction cannot be overridden by any existing clause which seeks to separate the functions of the executive from the purview of judicial review. In addition, it can be stated that in the absence of Section 75(v) there exists no other constitutional mechanism which will ensure that the principles of common law and the provisions of administrative justice are not eroded by the acts of the Parliament[30]. In recent era, several attempts were made by the Federal government for the purpose of removing decisions involving immigration issues from the scope of judicial review. In this regard the Courts of Justice were heavily criticized from time to time for making decisions by depending upon the grounds of policy and material facts rather than the grounds involving strict legality merits. Therefore, amendments were introduced to the Migration Act 1958 (Cth) in Part 8 in order to provide restrictions to the ground available to the Federal Court for judicial review which includes- breach of natural justice, irrationality and unreasonableness. However, the Migration Legislation Amendment Bill, 1998 initiated to replace Part 8 of the amendment with privative clause. In this regard, the Bill proposed that the jurisdictional power of the Federal Court shall be completely removed in reviewing the decisions taken by certain administrative tribunals[31]. Further the Bill prevented the intervention of the High Courts in matters in relation to the decision taken by the Federal Court. It is evident that administrative tribunals derive their powers from the legislative bodies for the purpose of adjudicating matters which are complex in nature and comprises of specialized areas. In this regard, it is worth mentioning that the decisions and actions of the administrative tribunals are often challenged by the disputing parties due to the nature of the decision. In Ontario (Energy Board) v Ontario Power Generation Inc., 2015 SCC 44[32] is a Canadian case study in which it was observed that the administrative tribunal defended its own decision by conducting the process of judicial review. It was observed in this case that the Ontario Power Generation sought judicial review regarding the decision of the Board as the decision was granted in favor of the Board. In this regard, the Ontario Power Generation challenged the decision of the tribunal by presenting an appeal before the Supreme Court of Canada. Therefore, it was held that the decision of the administrative tribunal can be challenged before the higher authorities for further appeal. In the conclusion it can be stated that in practice the mechanisms of administrative law do not provide relief to the disputing parties efficiently and therefore the disputing parties in most of the cases seek relief from the Courts by ignoring the decision provided by the principles of administrative tribunals. References: Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs 110 ALR 97 Ontario (Energy Board) v Ontario Power Generation Inc., 2015 SCC 44 Posner v Collector for Interstate Destitute Persons (1947) ALR 61 R v Kirby; Ex parte Boilermakers Society of Australia (1956) 94 CLR 254 R v Secretary of State for the Home Department, ex parte Bentley [1994] QB 349 Wilson v Minister for Aboriginal and Torres Strait Islander Affairs (1996) 189 CLR 1 Almqvist, Jessica. "A Human Rights Appraisal of the Limits to Judicial Independence for International Criminal Justice." Leiden Journal of International Law 28.1 (2015): 91-112. Amoroso, Daniele. "Judicial Abdication in Foreign Affairs and the Effectiveness of International Law." Chinese Journal of International Law 14.1 (2015): 99-134. Asimow, Michael. "Five models of administrative adjudication." The American Journal of Comparative Law 63.1 (2015): 3-32. Bernatt, Maciej. "Transatlantic Perspective on Judicial Deference in Administrative Law." Colum. J. Eur. L. 22 (2015): 275. Bosland, Jason, and Jonathan Gill. "The principle of open justice and the judicial duty to give public reasons." Melb. UL Rev. 38 (2014): 482. Buck, Trevor, Richard Kirkham, and Brian Thompson. The ombudsman enterprise and administrative justice. Routledge, 2016. Bunjevac, Tin. "From individual judge to judicial bureaucracy: The emergence of judicial councils and the changing nature of judicial accountability in court administration." UNSWLJ 40 (2017): 806. Busch, Jost-Dietrich. "Vi the administration of justice in the federal system of the federal republic of germany." A Comparative Study: 139. Bateman, Will, and Leighton McDonald. "The Normative Structure of Australian Administrative Law." Fed. L. Rev. 45 (2017): 153. Cane, Peter. "Records, Reasons and Rationality in Judicial Control of Administrative Power: England, the US and Australia." Israel Law Review 48.3 (2015): 309-328. Dalal, Seema. "Administrative law and judicial review of administrative action with a special emphasis on the writ of certiorari." Daly, Paul. "Best Practices in Administrative Decision-Making: Viewing the Copyright Board of Canada in a Comparative Light." (2016). Ebisui, Minawa, Sean Cooney, and Colin Fenwick. "1. Resolving individual labour disputes: A general introduction." Resolving Individual Labour Disputes: 1. Freckelton, Alan. "The chancing concept of'unreasonableness' in Australian administrative law." AIAL Forum. No. 78. Australian Institute of Administrative Law, 2014. Galligan, Brian, and FL Ted Morton. "Australian exceptionalism: Rights protection without a bill of rights." Protecting Rights Without a Bill of Rights. Routledge, 2017. 27-50. Gardbaum, Stephen. "Separation of powers and the growth of judicial review in established democracies (or why has the model of legislative supremacy mostly been withdrawn from sale?)." The American Journal of Comparative Law 62.3 (2014): 613-640. Guglyuvatyy, Evgney, and Chris Evans. "Administrative approaches to tax dispute resolution: alternative perspectives from Australia and Russia." J. Comp. L. 10 (2015): 365. Hooper, Grant Robert. "Judicial Review and Proportionality: Making a Far-Reaching Difference to Administrative Law in Australia or a Misplaced and Injudicious Search for Administrative Justice?." (2017). Johnston, Peter, and Peter McNab. "The evolution of state adjudicative power as an alternative to state judicial or administrative power." AIAL Forum. No. 81. Australian Institute of Administrative Law, 2015. Kirkham, Richard, and Alexander Allt. "Making sense of the case law on Ombudsman schemes: The Ombudsman, Tribunals and Administrative Justice Section." Journal of Social Welfare and Family Law 38.2 (2016): 211-227. Mead, Joseph, and Nicholas A. Fromherz. "Choosing a Court to Review the Executive." (2015). Opeskin, Brian. "State of the Judicature: A Statistical Profile of Australian Courts and Judges." Revista Forumul Judecatorilor (2014): 133. Preston, Brian J. "Characteristics of successful environmental courts and tribunals." Journal of Environmental law 26.3 (2014): 365-393. Price, Zachary S. "Law Enforcement as Political Question." Notre Dame L. Rev. 91 (2015): 1571. Scott, Katharine, and Tom Tabori. "Alternatives to Litigation in Public Law Disputes." Sutherland, Carolyn, and Joellen Riley. "Major court and tribunal decisions in Australia in 2015." Journal of Industrial Relations 58.3 (2016): 388-401. Welch, Michael. "Economic man and diffused sovereignty: a critique of Australias asylum regime." Crime, Law and Social Change 61.1 (2014): 81-107.

Organizational Leadership an Example of the Topic Career by

Organizational Leadership by Expert Prof Nelly | 02 Dec 2016 As we look towards the world today, we see many people running after success and dignity. According to Maslows hierarchy of need he explains that each inpidual has some need and once the bottom need is satisfied, the person tries to fulfill the upper level need. But as we talk about the higher level people they are in search of the Self esteem and Self actualization need, while the lower level people are basically in search of their physiological, Safety and Social needs. And thats how we define a job of a leader. A leader is the one who satisfy or influences a group of people working under him to achieve a specific goal. A leader is the one who can motivate people to accomplish a purpose within time boundaries and maintaining their level needs without ignoring their desires. He is the one who leads and asks everyone to follow him and tag along the rules he desires, but not only this a leader should have a complete knowledge of the goal hes planning on and a deep-rooted commitment to wards the task and should strive to achieve it no matter if his followers denies to do so. (Stephen P. Robins, pg 316) Need essay sample on "Organizational Leadership" topic? We will write a custom essay sample specifically for you Proceed According to Websters Dictionary, a leader is a person who exerts authoritative decisions and with the help of good, motivating examples uses his talents and plays a direct role in order to achieve a specific set of goals. It further says that leadership is that component of ones personality that causes a group of people to follow. A good, successful leader has three major attributes Dedication, Passion and Charisma. Leaders play many personality roles at a time, they are also observed as being good and evil. Some examples of great leaders are Mahatma Gandhi, Quaid-e-Azam who devoted their entire lives on a mission and accomplished their goals. Abraham Maslow: who gave the basic theory about the needs of each inpidual, working in organizations. Jerry Yang: who gave the idea of Yahoo.com There are many leaders in the world history and many more will come with time. As we take a look over the past few years, we encounter many innovations, and changes in the organizational behavior. We have seen governments changing from autocratic to democratic; these changes are due to the great leaders who came up with the concept of self-governing. (Kotler, pg 596) After featuring to what leadership is, now coming towards what influence is. Influence is when an inpiduals behavior is somewhat changed by the impact of his peers, organizations, political environment, social gatherings etc. Influence is basically catching other persons personality or getting inspired by the person. It does not always result in a positive manner. A famous quote simplifies it further A person is known by the company he keeps, this shows that an inpiduals behavior is mixture of his nature as well as his surroundings and heredity. But it depends on an inpidual that to what extend he/she believes that they need to change their attitude or behavior in order to adjust in an organization, and carry out specific tasks. It depends on the leader that up to what degree he tries to influence his followers and how lasting his influence is on his followers. (Kotler, pg591) We cannot say that leadership is another word for influence because a good leader is a person who influences others in order to get through a particular task in a most effective manner, but this influence can be good or bad. To every action theres a reaction, same is the case with influencing, but here dependent variable is the reaction which is highly dependent on the determination of responder, which could be equal or may be opposite to what the leader has expected. A leader has the right to express preferences or give examples by using models to whatever he considers is appropriate but this is not guaranteed that the outcome would be the same what he was actually waiting for. The real job of a leader is not just influencing but to tolerate every intrinsic and extrinsic influence, and maintaining a level of distance and controlling all the risks that come from the exerting sources. (Robins, pg 335) A leader should be mixture of good nature and a leading attitude, a leader should have a quality of motivating others without hurting their needs and desires, an ideal leader should be the one who can easily feel the need of their followers and shows them that he is acting in their interest, the leader should be clever, spontaneous, sharp and he should know the value of time. A person who knows how to lead a group of people, he can lead by the help of good examples and setting up great examples for others, examples of honesty, sincerity, truth, devotion etc. He should have a positive attitude which can help him to deal with thorny problems. He should be quick in decision making and should have a clear cut idea of the problem and its origination. A leader is the one who coaches other, he never says I he always says WE. A leader should set a path of guidelines for his followers so that in outlook everyone remembers his good deeds. On the contrary, a good follower is the one who accepts the orders of his leader with full devotion and respect. We have seen examples where a leader gets annoyed and use abusive words which are intolerable for a follower; in such cases a follower should challenge these flaws with a firm attitude. This can also help the leader in making his leadership behavior more accurate and effective. The followers respect and commitment plays a great deal in an organization. A good follower is a good leader in the future; it gives cohesive grounds to the person and he could implement all the ideas and strategies he experienced in his past. And it is often the most rewarded time of a leaders career. (Kotler, pg 348) Traditionally, organizations were using the theories of leadership, but know the system has moved to practicality. We now need practical, convenient examples of great leaders. We have seen many and still the world asks for more. Organizations can achieve good leaders if they arrange proper training programs for the top-level managers so that they could implement new strategies in the department. The training programs should include about the decision making process within time boundaries and effective use of recourses. Training should include; on the job and off the job training programs and a sensible use of such training in everyday assessment. Leaders should know about the different roles they play in an organization. They should have a straightforward and precise idea of what role to be implemented in what situation. If the decision is about an acquisition of a fixed-asset; the leader should know how and where is to be purchased and he should also have a keen knowledge about the budget as well. But when a decision is to taken in a war, a leader has to be quick and sharp and should order his team in a millisecond. A leader can be a liaison, resource manager, an initiator, a trouble shooter etc. As Kotler mentions that a leader is the one who copes up with change, as change is always resisted at first and is not welcomed by the employees so it is the role of a leader that how he motivates his team to accept the change because it hinders progress. Stephen P. Robbins also states that there are six important tactics that need to be implemented in order to accept the change, the tactics are: communication, education, facilitation and support, negotiation, participation, manipulation and cooptation. Man agement should arrange such training programs and workshops that can educate leaders on each of his roles and each of the six tactics he can use in order to alter his styles. (Robbins, pg 218) Leaders can mould an organization if they want. A leader has great powers and their one reaction or initiative can turn the organization. How to train an employee, what to teach them and how to evaluate is the job of a leader. To be a good leader a person needs to be a good human being because this is only way by which he would be able to understand the desires and wants of his employees. (MacGregor, pg. 112) Work Cited James M. Kouzes, Barry Z. Posner. Leadership Challenge. (July 2003) Jossey-Bass Inc. pg 95 James MacGregor Burns. Leadership (August 1978) Harper Collins, pg. 53 Jim Collins. Good to Great: Why some companies make the Leapand others dont (October 2001) Publisher: Harper Collins, pg. 80 Rudolph W. Giuliani, Ken Kurson. Leadership, (October 2002) Publisher: Miramax Books, pg. 180 Virginia P.Richmond, James C. McCroskey, LindaL. McCroskey. Organizational communication for Survival: making Work, work. (July, 2008). Allyn and Bacon, Inc. pg 200

Dark Side of Nowhere Summary essays

Dark Side of Nowhere Summary essays This book starts out with a boy named Ethan dieing and everybody said it was appendicitis however later Jason and some others realized it wasnt. Jason didnt like his life because he thought it was too boring and he thought his parents were too nice because they never punished him too badly. Also at Ethans wedding, Jason wondered why Ethans parents didnt cry but his dad said it was shock however later Jason learned Ethan hadnt died at all. At a Little League game in Billington, Jason got in a fight with a boy because that boy was insulting the pitcher who was the girl that Jason liked. He got badly beat up and he went to the restroom to take care of the bruises that he had gotten. Then his school janitor, Mr. Grant, walked inside the restroom and gave Jason a glove that shot out BBs however Jason learned that the glove shot BBs by himself. He also told him to meet by a barn in a place called Old Town to learn what to do with it. The next day, Paula, the pitcher that Jason liked, went to Jasons house and told him he ruined her no-hitter yesterday. She was turning to leave but Jason wanted her to stay there so he decided to show her the glove Grant had given him even though Grant said not to show anyone the glove. He went to the back of his backyard and showed it to her. Then they went to Old Town because they got carried away in a game when Paula took the glove because she wanted to know where Jason had gotten the glove. They went into Old Town and they found many sightings that were weird such as a picture of a person that looked exactly like Billy Chambers who was a kid that went to their school and they saw a message carved into a wall that said, God Help Us. At school the next day, Jason said he had to get his monthly shots so he couldnt help Paula search around Old Town. Jason and everybody else who did receive them thought they were fo...

Murder of JonBenet Ramsey Case Study Example | Topics and Well Written Essays - 750 words

Murder of JonBenet Ramsey - Case Study Example Prior to the discovery of the body, the Ramsey's found a ransom note in the basement from â€Å"a foreign faction† demanding $118,000.00 for the safe return of Jon Benet (â€Å"JonBenet Ramsey Would Have Turned 22 Years Old This Week; Murder Case Remains Unsolved†, 2012). This particular piece of information pertaining to the ransom amount was a red flag for the police at the time. The amount was the exact amount that John had just received as a bonus earlier in the year, this coincidence led to the speculation that somehow, the person involved in the crime knew the Ramsey's on a personal level (Stuart, 2012). But without a follow up call on the ransom note, the Ramsey family decided that it would be in the best interest of all concerned to inform their family and friends of the situation while also preparing to follow the instructions for the ransom demand. The police began an intensive search for the child within hours only to have her father inform them that he had f ound the body of the child in the basement. The official cause of death is listed as asphyxiation due to craniocerebral trauma. But a more in-depth look at the autopsy records reveals that the child also suffered from a skull fracture and severe blunt trauma. Evidence gathered at the crime scene included a garrote made from tweed and the broken handle of a paintbrush that is believed to have been used to penetrate the child's vagina. Although there was penetration, the police could not accurately declare if sexual assault was one of the horrors that the child suffered in the hands of her abductors (Montaldo, 2013). Although a majority of the evidence collected by the police indicated that a stranger had caused the death of JonBenet, there were still certain things that led the district attorney to question the abduction theory because of the way the child's body was recovered at home. Somehow, the evidence that the DA was seeing did not add up to an abduction scenario. Rather, the s ights of the police investigating the case, and the media for that matter, then centered on the possibility that one or both parents of JonBenet had caused her death. Although the authorities and media fed the public lines that led those outside of the case to believe that Patsy and John had possibly murdered their daughter in cold blood, the courts saw otherwise. Patsy, who died of cancer in 2006, and John were exonerated by the federal courts in May 2003 due to lack of strong evidence to support the parent murderer theory (Montaldo, 2013). Their total exoneration came as new DNA evidence in the case was presented, proving that traces of DNA not belonging to family members was found on the preserved clothing of JonBenet (Gardner, 2010). With the discovery of new DNA evidence in the case, one can clearly see that, had the police not set upon a trial by publicity on the Ramsey's and concentrated instead on actual police investigation, they would have caught the actual perpetrator(s) in the case. During the course of the first investigation of the case, the police had conducted more than a few blunders that influenced the case and set upon creating a publicity machine using false leaked information to crucify the suffering parents instead. First of all, because Boulder, Colorado was known back then as a relatively peaceful and safe place for its

Biography of an African Essay Example | Topics and Well Written Essays - 1250 words

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