Wednesday, August 21, 2019
50 First Dates Essay Example for Free
50 First Dates Essay The movie 50 First Dates is a romantic comedy film directed by Peter Segal. The movie is a notion of a day that keeps repeating itself. However, in this movie the recycling takes place entirely inside the mind of Lucy Whitmore played by Drew Barrymore. Barrymore plays a young woman who was in an accident that caused her to suffer from Goldfield Syndrome, a fictional form of anterograde amnesia in which each dayââ¬â¢s events disappear from her memory overnight. This is caused by damage to the hippocampus, inside the temporal lobe, as the hippocampus controls memory functions. Furthermore,she also innocently believes every day to be the birthday of her father which happens to be the day of the accident. In order to shield her from the pain of repeatedly learning about the accident, Marlin and Lucyââ¬â¢s brother, re-enact the activities of Marlinââ¬â¢s birthday every day. The character Oola is a friend of Sandler, whom helps come up with clever ideas to help Lucy fall in love with Henry everyday. Oola is affecting his neurotransmitters by the daily use of marijuana. Marijuana works as an agonist, in this movie. Adam Sandler, a womanizing marine life veterinian whom cares for animals in an aquatic amusement park has too many sexual conquests until he realizes that he is falling in love with Lucy. Sandler, sheds his philandering ways and devises new ways to meet her again every day, hoping that one day she will retain her memories and feelings for him. He eventually convinces Marlin that hiding the truth from Lucy is worse than explaining it to her each day, so they begin to leave video tapes for her to watch each morning, explaining her situation and her relationship with Henry. Lucy also writes notes to herself in a diary. Over time, she begins to reciprocate Henryââ¬â¢s feelings, even accepting his marriage proposal. Lucy is surrounded by a great deal of support and love throughout her dilemma. Lucy also receives deception from her brother and father and the basically the whole town because they protect her from knowing the truth. Personal Reflection: The results of this movie provide evidence that people suffer with anterograde amnesia which can effectively evaluate aspects of their quality of life and that the quality of communication life style. This movie also provides evidence that people with Amnesia also refers to an inability to recall information that is stored in memory. The causes of amnesia may be organic or functional. Organic causes may include brain damage through injury, or the use of specific drugs but usually sedative drugs. Amnesia may be one of the symptoms of some degenerative brain diseases, such as Alzheimerââ¬â¢s disease. Functional causes are psychological factors, such as defense mechanisms. People with amnesia also find it hard to imagine the future, because our constructions of future scenarios are closely linked to our recollections of past experiences. Researchers from Washington University in St. Louis used advanced brain imaging techniques to show that remembering the past and envisioning the future may go hand in hand with each process sparking strikingly similar patterns of activity within precisely the same broad network of brain regions. Fortunately, in the majority of cases amnesia resolves itself without treatment. However, if an underlying physical or mental disorder is present, it should be treated. Psychotherapy may sometimes be effective for some patients. Hypnosis can be an effective way of recalling memories that have been forgotten. Family support is crucial in helping a patient with amnesia get better. Psychologists and psychiatrists say that reality orientation aids may help to nudge patients back into their environment if they are surrounded with familiar objects, photographs, smells, and sounds. Personal Implications: In 50 First dates, it was designed to tell the story of Lucy a woman whom suffers from a severe memory loss and can not remembered anything that is happening but remembers the past. Goldfieldââ¬â¢s syndrome is a fictive name for a specific form of Anterograde amnesia used in the romantic comedy. The condition causes Lucy to lose of all her memories of the day, save the memories prior to the accident, due to that she is unable to convert her short-term memories to her long-term memories during her sleep. This results in her waking up every day believing it is the day of the accident, October 13, 2002. So, while the name is fiction, it is based upon a real condition. The neurological condition that Lucy suffers from, Goldfield Syndrome, is entirely fictional. True anterograde amnesia affects either short-term memory, which can last minutes or seconds, or intermediate-term memory, which can last days or weeks. Although, falling asleep has nothing to do with the condition, and sleep actually intensifies many chemical effects which help memory.
Tuesday, August 20, 2019
Malay Islamic Monarchy Philosophy
Malay Islamic Monarchy Philosophy This essay will discuss the topic culturally and politically. Brunei represents a fusion of Malay-Islamic values which makes it somewhat unique in Southeast Asia. The Sultan and his government have established a national ideology, Melayu Islam Beraja (MIB), referred to locally as Malay Islamic Monarchy. This ideology justifies preserving the absolute monarchy and invokes Bruneis history and Islamic values in support of the Sultanate. Thus, an indivisible connection has been built between Malay ethnic identity, Islam and the Sultanate. As the dominant ideology, MIB permeates the small state of Brunei and governs institutional norms and behaviour. This essay will also address the above topic by first exploring the concept of Malay Islamic Monarchy Philosophy. Then it will look into the introduction of MIB then the culture of Malay Islamic Monarchy philosophy in relation to Royal Brunei Armed Forced (RBAF), which is divided into the explanations of Malay, Islamic and Monarchy. The essay will explain the purpose of MIB in RBAF and ends with a conclusion. CONCEPT OF MIB The Sultans role is to preserve in the national philosophy known as MIB. Brunei is one of the oldest existing polities in Southeast Asia; it has a rich historical heritage and the longest surviving sultanate in the region. Through the ages, Brunei acquired a wise sense in the use of international diplomacy. The monarchy especially made effective use of this tool to steer the kingdom out of very tight situations and, in the process, has managed to save and preserve the identity of the state to bring it to the status of a full sovereign nation. Bruneis government a traditional monarchy, is committed to the preservation of its peoples culture both religious (Islamic) and ethnic (Malay). Brunei Darussalam which means in the Arabic term abode of peace; undoubtedly recognize the reference to the religion of Islam. The term sultan is a traditional title, derived from the Arabic word for authority, and used by monarchs in Islamic countries. Bruneis government now prefers the designation Malay Islamic Monarchy. THE INTRODUCTION OF MIB The ruling monarchy is one of the oldest in the world. Historical records stated it back to the 14th century with ancient local Borneo culture heroes, including Awang Alak Batatar, who adopted Islam and became the first Muslim sultan of Brunei, Sultan Muhammad (reigned 1405-1415), and his brother, Patih Barbai, who became the second sultan, Sultan Ahmad (reigned 1415-1425), these heroes gave rise to the Barunay (Brunei) nobles. The third Sultan Sharif Ali, who was an Arab and said to be a descendant from the Prophet, consolidated the introduction of Islam in Brunei. From him are descended all subsequent Sultans. Ever since that period, the monarchy and Islam are closely linked. Brunei became a British protected state in 1888 and became internally self-governing after the promulgation of the constitution in 1959. Upon independence, Brunei established its own defence force for the first time since 1881. There is no conscription; enlistment in the RBAF is voluntary. The present ruler, His Majesty Sultan Haji Hassanal Bolkiah Muizzaddin Waddaulah who is the 29th descendent of this Islamic monarchy, officially proclaimed the MIB philosophy on 1st January 1984, the day of Bruneis independence. The philosophy of MIB has been in existence as early as the 14th century when Bruneis king first converted to Islam. MIB has since become the nations system of ruling, its way of life and form of Government. In 1990, a new state ideology was launched to promote the unity of the diverse groups within a plural society. MIB is based on the idea of Brunei as a traditional Malay state, a long-established Islamic state, and a monarchy. All the ethnic groups in the nation have always been under the authority and rule of the sultan. THE MALAY, ISLAMIC, MONARCHY PHILOSOPHY IN RELATION TO THE ROYAL BRUNEI ARMED FORCES Malay the establishment of Askar Melayu does not mean we are ready to face a war crisis, but what made us establish Askar Melayu is only just one adequacy for a country wishing for a move towards development, like what have been done by every and most of the developed countries Formal speech by His Majesty Sultan Haji Hassanal Bolkiah Muizzaddin Waddaulah Sultan and Yang Di-Pertuan of Brunei Darussalam 23 September 1961 at Istiadat Menghadap His Royal Highness 45th Birthday. Taken from Pelita Brunei dated 1 Jun 1994. Brunei Darussalam is a multiethnic society in which one ethnic group, the Barunay, has a monopoly of political power. About three-fifths of the population of Brunei is classified officially as Malay. This category, however, includes not only ethnic Malays but also a number of the indigenous peoples, namely the Dusun, Belait, Kedayan, Murut, and Bisaya (Bisayah). Variations in tradition among other ethnic groups are not regional but cultural, social, and linguistic. The remainder of Bruneis residents consists of other (non-Malay) indigenous peoples, such as the Iban (or Sea Dayak). Indigenous Muslims usually are referred to as Brunei Malays even if they are not native speakers of the Malay language. The official language is Malay, with English as a major second language. Bruneis population is predominantly Sunni Muslim, although some of the indigenous peoples are Christian, while others follow their own local religions. Defence force was first formed on the 31 May 1961 known as the Askar Melayu Brunei (Brunei Malay Regiment). Due to its history, only Brunei citizens of the Malay ethnicity (Bumiputera) can enlist in the Royal Brunei Armed Forces. The Malay ethnicity comprises the Belait, Bisaya, Brunei, Dusun, Kedayan, Murut and Tutong indigenous races as defined in the Brunei constitution. Military service is not compulsory for any segment of the population and there is no military draft in Brunei. Islamic Brunei proclaimed as an Islamic sultanate. In 1990 the sultan encouraged Bruneians to adopt MIB, the countrys official ideology. The movement, which celebrated traditional Bruneian values and called for more rigid adherence to traditional Islamic principles, was viewed with anxiety by non-Muslims, particularly members of the Chinese community. The Sultan is head of the Islamic faith in Brunei with power on all Islamic matters. Religious education is compulsory for every Muslim people. It is the governments aspiration to make Islam a way of life for the people. The practice of other religions is to a certain extend freely allowed. A part of the regular military training men and women in the RBAF undergo, there are also other support services to ensure that military personnel develop into well rounded personnel physically, mentally as well as spiritually. To this extent, Religious Unit plays a significant role in shaping the men and women in military uniforms into the desired form. RBAF Religious Unit was established on April 1, 2006. The aim of the unit was to enhance spiritual knowledge in military personnel based on Islamic and MIB values. Soldiers were given an opportunity to improve their professionalism as a soldier and a productive citizen through services rendered by the unit, such as Islamic education and other religious services like counselling. The Religious Unit operates through a system that has been formulated through meticulous coordination, planning and implementation to produce highly compatible soldiers who go through an intense character development programmed based on Islamic virtues. The Royal Brunei Land Forces have helped the less fortunate in various programmed. The building of a house to ease a poverty stricken individual is a good example of benefits can be derived from the religious unit. RBAF continues to strive in community development based on the Islamic principle of seeking to help the less fortunate. The Religious Unit was an instrument in delivering religious lectures in various workshops conducted throughout the year. Military personnel have helped religious officers within RBAF to deepen their religious knowledge to assists the RBAF community in areas such as counselling, performing the Haj, collecting `zakat, maintaining RBAF staffs welfare and preparing an RBAF personnel body during a funeral. Soldiers have benefited immensely from the Religious Units contribution by becoming more receptive of their roles as a guardian of peace and to themselves as individuals. Monarchy Brunei is a well-established Islamic monarchy, meaning that the supreme authority over the state is vested in the Sultan and that the principal organs of administration are under direct royal control. The Sultan is at the same time Head of State, Prime Minister and Minister of Defence. This implies that he is the supreme commander of the Royal Brunei Armed Forces. In conjunction with the 4th Anniversary of the Brunei Malay Regiment on 31st May 1965, Kebawah Duli Yang Maha Mulia Paduka Seri Baginda Sultan Sir Muda Omar Ali Saifuddien Saadul Khairi Waddien granted the Royal title when the word Diraja (Royal) was added to the Brunei Malay Regiment and since then, the Brunei Malay Regiment changed its name to the Askar Melayu Diraja Brunei (Royal Brunei Malay Regiment). On 31st May 1966, the Royal Brunei Malay Regiment was bestowed with the colours of Sultan Haji Omar Ali Saifuddien Saadul Khairi Waddien a year after it was given the Royal title in the Royal Colours Presentation Ceremony at Berakas Camp. The colour was green, with a background showing the symbol of a moon and a star at the bottom right, while at the above left is the personal emblem of Kebawah Duli Yang Maha Mulia Paduka Seri Baginda Sultan Haji Omar Ali Saifuddien Saadul Khairi Waddien. In conjunction with the 10th Anniversary of Royal Brunei Malay Regiment on 31st May 1971, His Majesty Sultan Haji Hassanal Bolkiah Muizzaddin Waddaulah, Sultan dan Yang Di-Pertuan Negara Brunei Darussalam bestowed another colour known as the Royal Colours at the Padang Besar, Bandar Seri Begawan. The Royal Colours is yellow embossed with His Majesty Sultan Haji Hassanal Bolkiah Muizzaddin Waddaulahs personal emblem at the bottom right whilst the symbol of the Royal Brunei Malay Regiment is placed at the above left. With the bestowing of the Royal Colours, His Majestys colours were converted to the Units Colours. On 27th May 1978, in accordance with its 17th anniversary, His Majesty Sultan Haji Hassanal Bolkiah Muizzaddin Waddaulah, Sultan dan Yang Di-Pertuan Negara Brunei Darussalam, granted to bestow the First and Second Battalion with two colours, namely the Royal Colours and the Units Colours. The ceremony took place at Padang Besar, Bandar Seri Begawan. The only difference between the two colours is the additional Roman letters I and II, symbolizing the First and Second Battalions Royal Brunei Malay Regiment. In 1981 the Womens Company (strength 250) was formed of which Her Royal Highness Pengiran Hajah Mariam became Colonel Commandant. In 1983, in the wake of Bruneis independence, the name Royal Brunei Malay Regiment was changed to Angkatan Bersenjata Diraja Brunei (RBAF). Once again, history was made with the bestowing of the new Royal Colour and Unit Flag on 12th July 1994 to the First, Second and Third Battalions of the Royal Brunei Armed Land Forces. The presentation of colours ceremony was officiated by His Majesty Sultan Haji Hassanal Bolkiah Muizzaddin Waddaulah, Sultan dan Yang Di-Pertuan Negara Brunei Darussalam. The colours as a symbol and essence of heroic spirit and to sacrifice to maintain the security and defend the sovereignty of Brunei Darussalam in accordance with the concept of Malay Islamic Monarchy. PURPOSE OF MIB IN RBAF The introduction of the MIB concept in the RBAF is intended to orientate education towards the development of a pool of manpower, skilled in many fields as well as aiming at ensuring a Bruneian identity, peace and security, and communal well-being in Brunei-Darussalam. The importance of MIB are: To encourage every personnel a mental outlook and attitude of life and such positive qualities of character as will enable the realisation of a society which is consistent with traditional Brunei virtues, such as strong religious faith, loyalty to the Monarch and a desire for balanced progress and development. To transmit teachings which are consistent with national aspirations whereby the nation is seen as a MIB in which responsibilities are to be shouldered by all people at all levels of society, without regard to descent, beliefs, religious faith or traditional customs. CONCLUSION This essay has discussed the concept of MIB in Brunei in which it has a dynamic history which relates to the formation of this concept. His Royal Highness encourages his people to adopt MIB since it has become the nations system of ruling, its way of life and form of Government. The RBAF has been entrusted with the defence of an Islamic nation and the members of its forces are required to uphold the national concept of Malay Islamic Monarchy.
MBA Admissions Essay - My Most Significant Leadership Role :: MBA College Admissions Essays
MBA Admissions Essays - My Most Significant Leadership Role During the last three years I have devoted a significant amount of time and energy to the betterment of young entrepreneurs, who in this country are mistreated, stripped of opportunities, and looked down upon. In my quest to start my own business, I faced many obstacles that I later found to plague all entrepreneurs in my country. Established family heads discourage their younger members from starting separate businesses; they would rather their younger members join them in the so called "safe business." Moreover, companies and government organizations will not award contracts to young people since older people earn respect for their age rather than their ideas in this traditional sub-continental culture. With an uncooperative family and no sources of funding, young entrepreneurs face little chance of success. In these difficult conditions, I realized there were many young people who were full of potential but lacked support. By meeting with these people, I motivated them to believe that together we could help improve collective situation. In October 1996,the seventeen of us founded the "Young Entrepreneurs Society" (YES). I served as the coordinator for the first two years. We figured that in order to get our message heard, we needed to prove ourselves a significant lot. We started with social activities like helping poor students with registration fees for matriculation exams and organizing blood donation activities, etc. We held our first seminar on the "Prospect of Software Development Business in Bangladesh and the Government's Role, " and five months later we had our second seminar on the "Obstacles for Young Entrepreneurs in Bangladesh' with the finance minister as the chief guest. MBA Admissions Essay - My Most Significant Leadership Role :: MBA College Admissions Essays MBA Admissions Essays - My Most Significant Leadership Role During the last three years I have devoted a significant amount of time and energy to the betterment of young entrepreneurs, who in this country are mistreated, stripped of opportunities, and looked down upon. In my quest to start my own business, I faced many obstacles that I later found to plague all entrepreneurs in my country. Established family heads discourage their younger members from starting separate businesses; they would rather their younger members join them in the so called "safe business." Moreover, companies and government organizations will not award contracts to young people since older people earn respect for their age rather than their ideas in this traditional sub-continental culture. With an uncooperative family and no sources of funding, young entrepreneurs face little chance of success. In these difficult conditions, I realized there were many young people who were full of potential but lacked support. By meeting with these people, I motivated them to believe that together we could help improve collective situation. In October 1996,the seventeen of us founded the "Young Entrepreneurs Society" (YES). I served as the coordinator for the first two years. We figured that in order to get our message heard, we needed to prove ourselves a significant lot. We started with social activities like helping poor students with registration fees for matriculation exams and organizing blood donation activities, etc. We held our first seminar on the "Prospect of Software Development Business in Bangladesh and the Government's Role, " and five months later we had our second seminar on the "Obstacles for Young Entrepreneurs in Bangladesh' with the finance minister as the chief guest.
Monday, August 19, 2019
Managing a Crisis Using Public Relations Essay -- Business Management
Managing a Crisis Using Public Relations Handling Public Relations for any organization can be a very difficult task in any circumstance - even under simple, non-crisis situations. When a crisis strikes, that's when PR managers really have their work cut out for them. A PR manager must always be prepared for the inevitable crisis to happen because that is when their jobs are really tested by the public and the organization. American Wattage Corporation was planning to launch 'Greenergy' by Green Energy which focuses on creating a better solution to energy than electricity by using wind energy. My job as the PR manager was to formulate strategies to manage a crisis and make the most effective use of PR tools to communicate with all the publics. In this paper, I will give a summary of the simulation and how I handled the different tasks that were given to me as well as go into detail on how crisis management should really be handled. As the PR manager of Green Energy, my first task was to determine how to allocate my budget of $1 million to formulate a PR plan that would encompass all relevant aspects of corporate communications. I chose several ways in which to spend the budget allowed for PR ? I spread them out in four different categories: research team setup plan, media relations plan, marketing and PR advertising plan, and crisis management and communication plan. My second task was to handle a crisis that injured people because of our equipment. What message did the company want to communicate about the crisis to the public? Prior to reading week 4?s text, I chose that we would say ?No comment? because I thought it would be better to gather all the facts first then go to the public with the information. I will explain later in the paper why I should not have chosen that route. My third task was deciding on whether to come clean about what really happened on how those people were injured by the equipment. I decided to use great publicity choosing to do a major communication exercise and come completely clean which was the correct choice because that act alone could help restore credibility for the company. Handling a crisis can be very difficult for a company ? but what exactly qualifies as a crisis? According to Seitel (2004), a crisis is a ?situation that has reached a critical phase for which dramatic and e... ...004). The most effective crisis communicators are those who provide prompt, frank, and full information to the media in the ?eye of the storm? (Seitel, 2004). Silence not only angers the media but also compounds the problem. The quick rule to effective public relations communication is to ?tell it all and tell it fast? (Seitel, 2004). When information gets out quickly, this stops or minimizes rumors and nerves are calmed. The basic goals of crisis management are: 1) terminate the crisis quickly, 2) limit the damage, and 3) restore credibility. Following these goals will ensure a successful public relations plan for any organization. Crisis management definitely needs to be addressed in any organization ? although it is usually not a fun role for the public relations manager. However, if the appropriate steps are taken on how to handle crises, this will ensure the public that the organization can still be trusted no matter the situation. In the end, that really is the ultimate goal ? to be sure credibility is restored in the organization. References Seitel, F. (2004). The Practice of Public Relations, (Ninth Edition). Prentice-Hall: Upper Saddle River, NJ.
Sunday, August 18, 2019
Ernesto Che Guevara Essay -- Biography Ernesto Che Guevara Essays
Ernesto Che Guevara Ernesto "Che" Guevara has undeniably been one of the most powerful icons of the past fourty years. The Argentine revolutionary has had his picture widely printed on shirts and posters and has become a symbol for the (often young) anarchist. Yet, how many of us really understand or know what "Che" stood for? Do we know what his philosophy was about? Very few of us have taken the time to understand the goals and principles of Guevara and what he fought for - to death. Dr. Ernesto Rafael Guevara de la Serna (May 14, 1928 ? October 9, 1967), commonly known as Che Guevara, was an Argentine-born revolutionary and Cuban guerrilla leader. Guevara was a member of Fidel Castro's "26th of July Movement", which seized power in Cuba in 1959. After serving various important posts in the new government, Guevara left Cuba in 1966 with the hope of fomenting revolutions in other countries, first in the Democratic Republic of the Congo and later in Bolivia, where he was captured in a CIA-organized military operation. The CIA wanted to keep him alive for interrogation, but he was executed by the Bolivian army. After his death, Guevara became a hero of Third World socialist revolutionary movements, as a theorist and tactician of asymmetric warfare. It's in 1952, during a journey Ernesto made with his motorbike around South America, that he became harshly aware of the ravages of capitalism through the situation of the Native Americans. Influenced by the works of Jean-Paul Sartre, Pablo Neruda, Ciro Alegrà a and Karl Marx, Che Guevara devoted his life to fighting the "capitalist octopuses" to establish a socialist system that would be fairer to the people. As a young medical student Che set out on a motorcycle to travel around South America. The poverty and oppression and the impact of imperialism aroused his political awareness. In 1954 the Guatemalan government of Jacobo Arbenz attempted to nationalise the vast landholdings of the massive US multinational the United Fruit Company. The US government (which included two executive directors of United Fruit) organised an armed coup to overthrow Arbenz. Guevara who was in Guatemala at the time was appalled. He believed that well organised armed resistance could have defeated the coup and saved the Arbenz government. Escaping to Mexico he met a group of Cuban revolutionaries led by Fidel Castro, ... ...onary, humanist and extremely charismatic, Ernesto "Che" Guevara surely appeared as dangerous to many political leaders of the time, and still today, no one knows for sure who was behind his execution, in 1967. Two sides have particularly been designated as possible culprits: the CIA and Fidel Castro, who could have both felt threatened by the growing influence and determination of the revolutionary. Authentic to the extreme, Guevara dedicated his life, his existence to the cause he believed in, even if it implied sacrifices: "Our sacrifice is a conscious one; it is in payment for the freedom we are building." Today, "Che" has become a popular symbol while his image is too often dissociated from the philosophy that built it. Che Guevara remains, to many, a modern time hero, whose struggle and devotion made him one of the greatest revolutionary figures of all times. Maybe this incredible popularity is due to the humanist, sincere personality of a man who never stepped back, never sold out and fought passionately, to death ("Patria o muerte"). Maybe it is also due to the fact that, in today's world, many people feel that his fight is still necessary. à ¡Hasta siempre, Comandante!
Saturday, August 17, 2019
British American Tobacco
EXECUTIVE SUMMARY Any organization regardless of the fact of its size, age needs to run smoothly and achieve the goals and objectives which it has set forth. And thus the organization needs to manage Human Resource Management effectively and efficiently. For it develops and implements its own Human Resource Management concepts. British American Tobacco Bangladesh is one of the oldest and largest multinational companies operating in Bangladesh. At British American Tobacco Bangladesh, the key factor to their sustainable growth is human resource. BAT Bangladesh is a leading business organization in the industrial sector employing more than 1,300 employees directly and a further 40,000 indirectly as farmers, distributors and suppliers. It has always been committed to good employment practices and has set out the framework of its Employment Principles on workplace practices, employee relations and employee human rights. BATB employs more than 852 people directly and about 40,000 people indirectly as farmers, distributers and local suppliers. BATB is one of the most preferred employers in the country. It is their pool of talented people who give this place the wonderful and pleasant working environment that takes the company forward every day. It is a team of different people, different cultures and backgrounds, coming together to form something new, something remarkable everyday. In this report, we have tried our best to exemplify how the basic functions of HRM are exercised in British American Tobacco Bangladesh. We have analyzed BATBââ¬â¢s several functions: planning, recruiting and selection, training and development, performance appraisal and employee. We also discussed the BATBââ¬â¢s goals, mission and vision. BATB wants to attract, develop and retain high caliber talent. It also wants an organization that is constantly learning. This learning culture shares knowledge quickly, learns from its mistakes and replicates success formulas quickly. BATBââ¬â¢s Employment Principles set out BATBââ¬â¢s commitment to good employment practices and workplace related human rights. BATB invests time in these forums because it is committed to developing employeesââ¬â¢ career and because in business, individual performance matters. BRITISH AMERICAN TOBACCO History : Theà British American Tobaccoà Company (BAT or BATCO) is the second largest listed tobacco company in the world, with a market capitalization of over ? 30 billion (U. S. $44 billion). It is based in London in the United Kingdom. It began operating in 1902 as a joint venture of theà Imperial Tobaccoà Company and James Duke'sà American Tobacco Company, and grew to be the major cigarette company in many countries ââ¬â but not in the USA or in the UK, where each of the partner organizations had agreed not to compete with the other. During the trust-busting era of President Theodore Roosevelt, the American Tobacco Company was forced to divest its interest, and in the years that followed. Imperial Tobacco also reduced its shareholdings. Eventually BAT became a relatively independent organization that out-grew its parent. BAT Industries : The international remnants of the original company were reorganized into a holding company called BAT Industries in 1976, and it acquired what was left of the American Tobacco Co. after the anti-trust split-up. BAT later acquiredà Brown ; Williamsonà (B;W) which, at that time, was the largest cigarette company in the USA. BAT's US subsidiary retained a degree of independence from the UK, although clearly it must report to the London office ââ¬â and occasionally they exerted their own pressure. BAT is based in London and has subsidiaries in the UK, Europe, Asia and the old British colonies. In 1999 it acquired the South African-based company ofà Rothmans Internationalà after a long battle with Philip Morrisà for control. The company has also diversified into many other industries ââ¬â owning, for instance, a major life insurance company, food and beverage companies, etc. The acronym BATCO is often used when referring to this larger conglomerate. BRITISH AMERICAN TOBACCO BANGLADESH Beginning the journey as Imperial Tobacco 100 years ago, the company set up its first depotat Armanitola in Dhaka Bangladesh. After the partition of India in 1947, Pakistan Tobacco Company was established in 1949. Then it became Bangladesh Tobacco Company Limited in 1972 immediately after Bangladeshââ¬â¢s independence. In 1998, the company changed its name and identity to British American Tobacco Bangladesh aligning the corporate identity with other operating companies in the British American Tobacco Group. Address : British American Tobacco Bangladesh New DOHS Road Mohakhali PO Box 6069 Dhaka ââ¬â 1206 Bangladesh Tel: (+880) 2 882 2791 Tel: (+880) 2 882 2786 BATBââ¬â¢S SHAREHOLDERS BATB is among the first companies to be listed on the Dhaka and Chittagong Stock Exchanges and currently rank amongst the top 20 companies in terms of market capitalization. British American Tobacco Group holds 65. 91% of our shares; 18. 76% is owned by investment Corporation of Bangladesh; Shadharan Bima Corporation, Bangladesh Shilpa Rin Shangstha, Government of Peopleââ¬â¢s republic of Bangladesh, Sena Kallyan Sangstha owns 4. 73% and further 10. 609% is owned by other shareholders. BATBââ¬â¢S OPERATIONS BATB grows tobacco leaves through its registered farmers in Kushtia, Chittagong, Manikganj and Rangpur zones. Both its head office and cigarette manufacturing plant are located in Mohakhali, Dhaka. It has one Green Leaf thrashing plant in Kushtia and a Redrying Plant in Manikganj. RESPONSIBILITIES BATB aims to ensure that it only purchases leaf from responsible and sustainable sources. Its Social Responsibility in Tobacco Production program addresses the social and environmental issues associated with tobacco growing and processing, and reaches more than 300,000 farmers who supply all the leaf it buys. The program covers good agricultural practices for improving soil and water conservation, appropriate use of agrochemicals, environmental best practice and occupational health and safety. It is also active in eliminating exploitative child labor and promoting forestation initiatives for the farmers who need wood for tobacco curing. As part of the program, it provides direct agronomy support and training to some 250,000 of its grower suppliers where it is not otherwise available. BATBââ¬â¢s VISION BATBââ¬â¢s vision is ââ¬Å"to achieve leadership of the global tobacco industry in order to create long term shareholder value. Leadership is not an end in itself, but a company that leads its industry, is the preferred partner for key stakeholders and is seen to have a sustainable business, should be valued more highly. â⬠BATB defines leadership in both a quantitative and qualitative sense. Quantitively, it seeks volume leadership among its international competitors and in the longer term, value leadership. It recognizes that its success will depend on adult consumers and that, therefore, it must be consumer driven. But the hard, quantitative measures do not in themselves address all the things it must do as a company. It takes a long term view, focusing on the quality of its business and how it works. As a result, qualitatively, it seeks to be recognized as industry leaders and to be the partner of first choice for governments, NGOs, investors and potential employees. It will do this by continuing to demonstrate that it is a responsible tobacco Group, with a sustainable business, outstanding people and superior products. In order to deliver its vision, its strategy for creating shareholder value has four elements around which all our efforts revolve ââ¬â Growth, Productivity, Responsibility and Winning Organization. HR MISSION Embedding winning culture where people always strive to excel. How BATB Works To Achieve Its Organizational And HR Vision : To develop the most vital element of the organization which is the human resource BATB has put in a lot of efforts in responding to various changes and problems through effective formulation and implementation of human resource strategies through the HR department. A key part of BATBââ¬â¢s work is helping nurture an open, confident and winning culture, where all are aligned in delivering consumer satisfaction. It ensures that people have the opportunity to release their energies in a constructive and focused way. It wants its employees to have a clear vision for the business and to foster enthusiasm to drive superior performance. Furthermore, BATB expect its leaders to engage with their teams and to develop their people. BATBââ¬â¢s culture also encourages ongoing development, so its role includes optimizing personal and organizational learning in order to leverage the capability of both the business and the individual to establish the company vision. BATB strives to match the needs of the organization and individual aspirations and encourage personal fulfillments. Therefore, success is recognized in ways which are relevant to the individual. Strategic Human Resource Management The company clearly identified that a strategic approach to human resource management, development and administration was the primary requirement for dealing with the critical issues that it faced, and has been following such an approach since 1996. Under this approach, it has set out to achieve the following objectives: * Create an environment within which all parties could engage each other, build trust and produce satisfactory results. Ensure a stable working environment in which the unions and the workers would become partners in achieving the companyââ¬â¢s overall objectives. * Develop leadership among workers and create an innovative environment; * Ensure the virtual absence of disruptive industrial relations issues; * Upgrade the base level of education and skill of all employees; * Achieve significant increases in productivity even while there has been a reduc tion in employment levels; * Create the cultural change from a manufacturing orientation to a service orientation; * Manage the separations that were required; Develop an environment at work that focuses on worker health and welfare, on safety and on the hazards of smoking; * Improve the focus on customer service and product quality; * Develop and maintain a reputation as an employer of choice HUMAN RESOURCE PLANNING practiced by BRITISH AMERICAN TOBACCO BANGLADESH Employment Planning : Human resource planning is a process of determining an organizationââ¬â¢s human resource needs through ensuring that it has the right number and kinds of people at the right place, at the right time in order to achieving the organizationââ¬â¢s overall objective. Like every other organization BAT also has its own employment planning. This planning includes determining the demands and supplies of labor in their organization. Determination of Demand of Labor : The management of BAT forecasts the companyââ¬â¢s employeesââ¬â¢ personnel needs based on its mission, strategic goals & objectives & technological and other changes resulting in increased productivity. Although there are several methods to predict personnel needs, but they use managerial judgment because it gives them more real world scenario for personnel needs. They think that the other methods cannot give the accurate situation of the personnel needs. These are basically graphical methods, which cannot measure the actual personnel needs. But managerial judgment method depends upon the change in productivity, market conditions etc. Determination of Supply of Labor : Internal Supply- Increase in Internal Supply ââ¬â * New hires * Contingent workers * Transfers-in * Individuals returning from leaves Decrease in internal Supply ââ¬â * Transfers * Layoffs * Voluntary Quits * Dismissals External Supply ââ¬â BAT searches for fresh graduates among the business schools and other universities for fulfilling the demand of labor. It also targets the experienced workforce who is already working in different organizations. Besides, it offers contractual jobs to the people among who most are students. It also goes through the ââ¬Å"Battle of Mindâ⬠competition through which they bring out the best promising faces from the crowd. BAT has recruited 37 fresh students judged through this competition since 2004. Job Analysis of British American Tobacco Bangladesh JOB ANALYSIS A job analysis is a systematic exploration of the activities within a job that provides information about the jobs currently being done and the knowledge, skills and abilities that individuals need to perform the jobs adequately. A thorough Job Analysis can enhance the effectiveness of regular or recurring HR processes like Recruitment and Selection, Training and Development, Performance Appraisals etc to long-range areas like HR Planning, Succession Planning etc. British American Tobacco Bangladesh does not follow any specific type of method to do the job analysis. Rather it uses a combination of different type of methods. The methods are based on the principles of modern management and of organizational psychology. Purpose of Job Analysis : The purpose of Job Analysis is to establish and document the ââ¬Ëjob relatedness' of employment procedures. A job analysis helps to determine the * Training Needs * Compensation of the employees * Selection Procedures Performance Review Job Analysis Process A job analysis process has three outcomes: Job Description: Job description is a statement indicating what a job entails. It includes what the job holder does, how it is done, under what conditions and why. BATB is comprised by experienced human resources executives who at a first level, with the help of managers; define the needs of the organization assessing the characteristics and obligations of each job post, as well as the organization's cultur e and structure. The focus of BATB lies on preparing a job description accurately, rapidly and in a scientific and effective way. The job description includes information such as the job title, a short job description, the job's place within the organization chart, the immediate supervisor, coactive departments, obligations and authorities, degree of freedom to make decisions and proceed to initiatives, degree of blame in several circumstances, objectives etc. Job specification: Job specification states the minimum acceptable qualifications that incumbents must possess to perform the job successfully. Based on information acquired through job analysis, the job specification identifies prerequisite qualifications such as knowledge, skills, education, experience, certification, necessary personality traits and abilities. BATBââ¬â¢s experienced and specialized collaborators prepare job descriptions for different posts based on a structured guide and specified methodology. Job Evaluation: Job evaluation is a method of determining on a systematic basis the relative importance of a number of different jobs. By sector and size, job evaluation is far more prevalent in the public and private sectors and among larger employers. In BATB it's a useful process because job titles can often be misleading ââ¬â either unclear or unspecific. IN BATB it's impossible for those in HR to know each job in detail. As a rough guide, job evaluation is very much essential for a huge organization like BATB. Job evaluation is counted as an ongoing process in BATB. According to the company a job evaluation should be transparent, and reviewed regularly to ensure business needs continue to be met. Recruitment Recruitment is a process of seeking sources for job candidates. Recruitment process aims at getting responses from job seekers and avoiding applications from unqualified candidates. BAT searches for fresh graduates among the business schools and other universities for fulfilling the demand of labor. It also targets the experienced workforce who is already working in different organizations. Besides, it offers contractual jobs to the people among who most are students. It also goes through the ââ¬Å"Battle of Mindâ⬠competition through which they bring out the best promising faces from the crowd. BAT has recruited 37 fresh students judged through this competition since 2004. Recruitment Policy British American Tobacco Bangladesh has been in e-resourcing since 2002. It focuses on e-based advertisement for more visibility and transparency beside the conventional print media. All recruitment related notices are posted on the www. bdjobs. com website. Candidates are required to fill up the blank resume format provided in the website. A well-structured and systematic selection procedure is followed to get the most suitable candidate. Following the selection procedure, pre-employment medical examination and reference checks are done. * BATB asks for applications from recognized universities from home and abroad. * Applicant must be a citizen of Bangladesh. BATB encourages students with good academic track record to apply. * BATB is not prejudiced against race, sex, religion, age etc. Positions are offered to the candidate on the basis of his/her ability and the requirement of the company. If an application is successful, the applicant is invited to a preliminary interviewà which will be taken by a member from the function to which he has applied an d a member of the Human Resource team. This is a chance for him to find out more about BATB, as it is for the company to find out whether he has the competencies BATB is looking for. BATB is committed to keep the applicant informed of the progress through every step of the selection process. BATB now outsources the recruitment process to People Scape. Mid Careers : ââ¬Å"Whatever stage of your career, we can offer new challengesâ⬠Talented people join BATB at all points of their career and for many reasons. Some seek a new challenge or an environment where they can prove themselves and where their current skills will be appreciated. Others want to reinvigorate their career or achieve a better work-life balance. And most want to improve their rewards package. BATB doesnââ¬â¢t just offer a dynamic, diverse environment laden with opportunity ââ¬â people find the company a truly exciting and fulfilling place to work. They enjoy being part of a high profile company with a strong corporate culture that promotes individual and personal flair, while encouraging teamwork and delegation. They're proud of BATBââ¬â¢s commitment to corporate responsibility in a controversial industry. The nature of the tobacco industry contributes to the challenges of our work ââ¬â and to job satisfaction. Our people need a broadness of vision and understanding not always necessary in other sectors. They need people skills to communicate with diverse and multicultural audiences. They need the intellectual curiosity to try out new ideas and the imagination to ensure our story is told, even when under serious constraint. Selection The selection process of BATB consists of the following steps: * If the application is successful, candidates are invited to a preliminary interview which is taken by members from the functional department for which the candidates have applied and a member of the Human Resource team. The candidates who selected in this interview are invited to a specifically designed British American Tobacco assessment centre. This provides them with the opportunity to demonstrate their skills and suitability through their performance in a number of participative and individual exercises. They also have the opportunity to meet managers and to gain firsthand experience of what i t is like to work for British American Tobacco Bangladesh. * If they get through the Assessment Centre, they will be recommended to the respective Heads of Functions for a final Interview. And if a candidate is can prove he is suitable for the job in this interview s/he is selected. British American Tobacco has put in a lot of efforts in responding to various changes and problems through effective formulation and implementation of human resource strategies through the HR department to successfully utilize this large number of employees. BATB has proved that it is functioning very well and that it will continue its operations and will become the trendsetter of the Human Resource Management practices of Bangladesh. Managing performance While managing performance BATB focuses on: * Measuring ; aligning performance * Rewarding performance * Managing ; administering benefits * Managing organizational learning and development * Managing change * Designing ; developing the organization * Managing organizational climate * Learning in the organization Managing careersà and development include: * Assessing competencies and potential * Career development systems * Coaching and mentoring * Training and development Managing employment relations includes: Managing employment legislation * Managing workplace relations * Managing HR customer services BATBââ¬â¢s employment beliefs and principles BATBââ¬â¢s people are its business and its Guiding Principles represent the common values at the heart of its success, shared by employees across the world. Its Employment Principles set out BATBââ¬â¢s commitment to good employment practices and workplace related human rights. Guiding Principles * Strength from Diversity * Open Minded * Freedom through Responsibility * Enterprising Spirit Strength from Diversityà reflects its cultural mix and a working environment that respects employeesââ¬â¢ individual differences. BATB embraces different people, cultures, viewpoints, brands, markets and ideas ââ¬â to create opportunities and strengthen performance. In short, we are interested in what makes you unique. Open Mindedà reflects BATBââ¬â¢s openness to change, to identify opportunities and to consider new ideas, including ways of addressing regulatory issues and changing social expectations. People seek to listen without prejudice, actively and enthusiastically considering other viewpoints. Freedom through Responsibilityà helps our people to get on with their jobs ââ¬â BATB believes they should be free to make their own decisions, accept responsibility for them and not be hampered by unnecessary bureaucracy. Employment Principles Like all major international companies, BATB takes its employment policies and procedures very seriously. BATBââ¬â¢s Employment Principles cover topics such as: * Equality of opportunity and non-discrimination; * Internal communications and the free flow of ideas; * Worker representation and freedom of association; Fairness at work and the unacceptability of harassment and bullying; * That we do not condone or employ child labor; * That forced or bonded labor is completely unacceptable; * Performance responsibility; * Health, safety and environmental responsibility; * Community contributions and skills development for employees and communities in markets where our companies operate; * Personal development and learning; * Reasonable wor king hours and family friendly policies; * Fair, clear and competitive remuneration and benefits. Training and development * We recognize that getting the right start is crucial to building a successful career. This is how we approach your early training and career development. * Theà Challenge Initiative is structured around the following components: INDUCTION| FUNCTIONAL DEVELOPMENT| MANAGERIAL DEVELOPMENT| BUSINESS AWARENESS| PERFORMANCE APPRAISAL| The induction gives you the opportunity to learn about our company, objectives, products and markets. | Developing a base of excellence in the function into which you have been recruited. Developing managerial competencies needed in your future roles. | Gaining an understanding of the overall business and appreciating the role played by each function. | Giving you regular and constructive feedback, both formally (every 6 months) and informally (every 6 weeks) to ensure that you achieve the defined standards for theà Challenge Initi ative. | * Theà inductionà gives the opportunity to learn about BATBââ¬â¢s Group objectives, products and markets. It introduces the corporate guiding principles and culture, the role of each function, and industry issues in your country. It also introduces to the product ââ¬â and how the company markets it. * The Challenge Initiative programmer includes employeesââ¬â¢ functional developmentà ââ¬â development of a base of excellence in chosen function. BATB will clearly explain what it expects from employees. Then, with support from employees coach and mentor, they set their objectives and work towards achieving them in order to meet the needs of the business and their personal development objectives. * Employees will develop theà management skillsà they need in their future roles with both formal training and on-the-job experience. And they will have the opportunity to put these skills into practice in preparation for the move into their first management role. * BATB also expects them to developà business awareness, an understanding of the overall business and the role played by each function. In other words, BATB wants them to understand the business beyond their own functional and geographical area of responsibility. It wants them to question its existing ways of working and to bring positive change to the business. BATB will provide them with opportunities to challenge its practices, a receptive audience and the feedback they will need to build their knowledge. BATB monitors their success through regularà performance appraisal. It gives regular and constructive feedback, formally every 6 months and informally every 6 weeks. This ensures that employees are aware of the standards they should aim for, and also that it can tailor their development to its needs. Training Training is a learning experience that seeks a relatively permanent change in an individual that will improve his or her ability to perform a job. To make training a success, a BATB takes care of the following points: * Make learning meaningful * Make skills transfer easy and Motivate the learner Employee Training Method followed in BATB ON-THE-JOB TRAINING It means having a person learn a job by actually doing it. Advantages: * Relatively inexpensive * Trainees learn while producing * No need off-site facilities Drawbacks: * Low productivity while the employees develop their skills * The errors made by the trainees while they learn. Apprenticeship Training: It traditionally involves having the learner study under the tutelage of a master craftsperson. Informal Learning: This learning process is not determined or designed by the organization. But the organization may ensure it by creating a learning environment in the organization. Job Instruction Training: Listing each jobs basic task, along with key points, in order to provide step-by-step training for employees. Lectures: The most simple and quick way to provide knowledge to large groups of trainees. Simulated Training: It places the trainee in an artificial environment that closely mirrors actual working conditions. OFF-THE-JOB TRAINING â⬠¢The Case Study Method: Here the manager is presented with a written description of an organizational problem to solve in a discussion with other trainees. Management Game: The manager presented with a computerized decisions regarding but simulated situations. â⬠¢Outside Seminars: Many organizations now are using this popular method on various aspects of business and management. Employee Development BATBââ¬â¢s approach to personal development is based on a simple belief ââ¬â that the person who best knows your ambition s and aspirations is you. BATB aims to support its development. People will find that BATB invests strongly in people to increase their skills, improve their performance and stimulate them with new ideas. BATB is committed to motivating people so they can also motivate others. But BATB also believes that you're the best person to map out your own evelopment. BATB expects employees to drive regular career discussions. It encourages to assess their strengths and weaknesses honestly and to seek feedback from colleagues. BATB counts on them to make continuous learning and the quest for improvement a part of your personality ââ¬â to be hungry for new ideas, skills and assignments. Managers play a key role in this and employees play a key role in developing the careers of people reporting to them. The managers assess individual capabilities and place a high priority on development planning. They set stretching performance goals, which are regularly reviewed. The discussions focus not just on what employees have achieved, but how they achieved it and what they've learned along the way. Career development tools Career planning benefits both the employees and the company. It helps build succession that mesh with employeesââ¬â¢ own aspirations ââ¬â making them more accurate, reliable and robust. BATB encourages them to spend quality time thinking about their career and it has highly developed tools to help them. BATB is prepared to invest significant time reviewing their career and meeting their development needs to ensure that their potential is fully realized. BATB holds annual Talent Review Meetings which are chaired by Board members, for all regions and functions around the world. These meetings aim to ensure that BATB has good succession plans in place that take account both of individuals' needs and of the future shape of the organization. BATB invests time in these forums because it is committed to developing employeesââ¬â¢ career and because in business, individual performance matters. CONCLUSION British American Tobacco has put in a lot of efforts in responding to various changes and problems through effective formulation and implementation of human resource strategies through the HR department to successfully utilize this large number of employees. BATB has proved that it is functioning very well and that it will continue its operations and will become the trendsetter of the Human Resource Management practices of Bangladesh. Bibliography www. bat. com www. batb. bd-servers. com www. wikipedia. org
Friday, August 16, 2019
Separation of Powers – Importance of Judicial Independence
The Jamaican Constitution (hereinafter ââ¬Å"the Constitutionâ⬠) came into effect with the Jamaica Independence Act of 1962. The Act was tabled to ââ¬Ëmake provision for and in connection with, the attainment by Jamaica of fully responsible status within the Commonwealth. ââ¬â¢ This document formed the framework for Jamaicaââ¬â¢s political independence and created the premise on which this fledgling nation could carve out its own legal system based on its own moral, cultural and political experience.The Constitution though largely reflective of the previous colonial relationship, has within it an innate balance of power between the arms of government that is theoretically and fundamentally positioned to support the countryââ¬â¢s self-governance. This balance is so designed, to facilitate the critical functions of government while ensuring that no single body so fully controls the reins of power that itââ¬â¢s will can be imposed without the acquiescence of the oth er parties, and the greater society.This balance is grounded in the principle of the Separation of Powers, implied by the Constitution. With the complex interplay of relationships, and the significance of power within the Executive, the Legislature and the Judiciary, the latter emerges as the keepers of the gate in maintaining this equilibrium through its function as the arbiters of justice. The Doctrine of the Separation of Powers was first proposed by the Greek philosopher Aristotle (384-322BC), and made popular in the 17th century by French writer Charles Louis de Montesquieu.Montesquieu argued that for an independent judiciary to exist, the three arms of government must have separate and independent powers within their areas of responsibility, otherwise we run the risk of there being no liberty, arbitrary control, violence and oppression. This principle may be applied to varying degrees in any legal system and may or may not be a legal restriction; however it is a very effective tool used to protect the rights and liberties of citizens from tyranny.The Constitution by virtue of Section 34, establishes Parliament (the Legislature) as the first arm of government and comprises the Queen (represented by the Governor General) and two Houses: the Senate and the House of Representatives. Under Sections 48 ââ¬â50, it is given power to make laws for the peace, order and good governance of Jamaica, decide special rights, immunities and powers of the Senate, the House of Representatives and its members; and the conditional power to alter the Constitution.By virtue of Section 68, the Governor General is given Executive power to be used on the Queenââ¬â¢s behalf either directly or through officers under him. Section 69 establishes the Cabinet as the main body to direct policy. The Cabinet, consisting of the Prime Minister and other Ministers chosen by him, manages the general administrative functions of the Government and is accountable to Parliament. The Govern or General together with the Cabinet comprises the Executive arm of Government, the second arm of government.The Judiciary is the third arm of Government. It comprises judges and magistrates from the network of courts that form the legal system. Sections 97 and 103 of the Constitution establish the Supreme Court and the Court of Appeal, respectively. The Chief Justice and the President of the Court of Appeal are appointed by the Governor General on the advice of the Prime Minister in consultation with the Leader of the Opposition.The other Puisne Judges are appointed by the Governor General on the advice the Judicial Services Commission. It is important to note that there is some degree of inter-connectivity between the Executive and the Legislature, as members of the Cabinet are also members of Parliament. The sharing of personnel between these two bodies compromises the strict application of the doctrine of the separation of powers. It is therefore imperative that the Judiciary ex ecutes its functions in an independent manner.The Constitution supports the assertion that the Judiciary has not only the right, but the responsibility to review the affairs and policies of the Executive and Legislature to ensure that their powers are being exercised within the limits of the Constitution. In exercising this duty, a court can declare a law unconstitutional and therefore null and void as in the case of Adrian Nation, Kereen Wright v DPP and the Attorney General of Jamaica. In Moses Hinds v. The Queen it was underscored that the fair and effective dministration of justice constitutionally rests only within the powers of the Judiciary and in Independent Jamaica Council for Human Rights Ltd. and Others v. Marshall-Burnett and the Attorney General of Jamaica, the Privy Council overruled the judgment of the Jamaican Appellate Court in finding that the three Bills attempting to remove the Privy Council as the final appellate court were unconstitutional. This decision was ba sed on their previous ruling in Hinds.As demonstrated in other Commonwealth jurisdictions, the Judiciary may indirectly place pressure on the Legislature to ensure that laws are drafted intra vires, in the first instance. In attempting to avoid ultra vires rulings, the Legislative often times ââ¬Å"â⬠¦tests its own legislation in the courts. This occurred in Suratt et al v Attorney General of Trinidad and Tobago wherein the Trinidad and Tobago Government defended an action on the grounds that a Bill seeking to promote equality was unconstitutional by virtue of its being discriminatory. This challenge to legislation is another example of the check and balance of the Separation of Powers. The Judiciary is thus required to rule on complex issues that have direct implications for the members and institutions within society, including the other arms of government; with impartiality and in accordance with the Rule of Law. The rule of law as proposed by A. V. Dicey asserts that no man should be punished except for conduct in clear breach of the law. This assertion supports the fact that the legal system rests on the objectivity of the Judiciary.Where we are governed under a system which rests upon the impartial application of laws, and under which citizensââ¬â¢ rights and obligations are regulated by those laws, there must be an established and accepted system for making law. The law must be publicly known. Interference with rights and obligations must be justified within the law as the perception of rights, freedoms and equality in society is influenced by the quality of Judicial rulings. In the spirit of Judicial Independence, the Judiciary must be impartial and may not be influenced by any source except the law.Within the Constitution, security of tenure and security of salary are entrenched provisions designed to insulate the Judiciary from pressure intended to influence their rulings. Judicial Impartiality is defined as ââ¬Ëthe freedom of each individ ual judge to reach a decision within the law without undue interference or pressure from government, other judges, the media or any other source. ââ¬â¢ While attempts to directly interfere with the fair and effective administration of justice may be limited, it can be argued that several factors undoubtedly affect the courtââ¬â¢s ability to properly execute its role.Particularly within the Jamaican context, financial constraints arising out of cost-cutting measures of Parliament and limitations in Ministerial budgets have severely affected the resources and physical infrastructure required for the efficient operations of the machinery of the Judiciary. In recent times, influential voices in the Jamaican legal fraternity have highlighted the need to address the issue of limited resources. The Director of Public Prosecutions, Paula Llewellyn have stated that ââ¬Å"the country is struggling with a low capacity court situation and that is affecting how the wheels of justice turnà ¢â¬ ¦.. ou should have been building more courtrooms and making sure you have more personnel, court reporters, prosecutors, resident magistratesâ⬠¦. and that was not being done. â⬠The Judiciary also provides guidance to the citizens and other branches of government on matters relating to the Constitution, through statutory interpretation and application of general principles of law while settling disputes brought before them. Their ability to be fair and impartial is particularly challenged when called upon to interpret and rule on legal documents that are poorly drafted or ambiguous.Although the law lends itself to flexibility and expediency, the question arises in some instances whether the ruling accurately represents the will of the Legislative as some appeals have been advanced on the grounds of statutory misinterpretation as in the case of R v East Berkshire Help Authority ex parte Walsh. Judges may find themselves inadvertently assuming the role of creating legal r ights when required to make plain issues not explicitly addressed by legislation.It has been debated that these so-called ââ¬Ëcreated lawsââ¬â¢ are not in fact created but are legal principles which lay dormant until judgesââ¬â¢ interpretations unearth them. This was the position taken by Brett, M. R, in Munster v Lamb. However, the perception is that this ââ¬Ëpowerââ¬â¢ does indeed exist as, in plural societies right and wrong are just as plural and judges must ensure that conclusions sufficiently represent a à fair carriage of justice. If the Judiciary were acting solely as the mouth piece of the Legislature and the Executive with no independent thought or justice-driven compass, this arm of government would hardly be relevant.In Earl Pratt and Ivan Morgan v The Attorney General and The Superintendent of Prisons, Saint Catherine, the Privy Council interpreted inhumane treatment under section 17(1) of the Constitution of Jamaica to include delay between conviction and the carrying out of the death penalty though the constitution was silent on this matter. This interpretation created a legal right which had the effect of automatically commuting death penalty convictions for convicts on death row in excess of five years to life imprisonment.The Judiciary also exercises its constitutional mandate through a process of Judicial Review which is the means by which ââ¬Å"Government departments, local authorities or others with law-making and administrative powers are confined by the courts within powers granted by the [Constitution]. . à Although Jamaica does not have a specific Judicial Review Act, provisions for judicial and constitutional claims fall under Administrative Law Claims in section 56 of the Supreme Court of Civil Procedure Rules, 2002. Judicial Review is an important tool of the Judicial Branch.It is considered a grave and ominous ââ¬Å"responsibility which the courts must not shirk from or attempt to shift to Parliamentâ⬠â⠬Å"as this responsibility in and of itself is a system of checks and balances thus seen as the: last bulwark of citizenry. â⬠à The grounds for Judicial Review includes error of law, failure to observe the principles of equity, abdication of functions, improper delegation of authority, and unreasonableness of a decision. All are supporting grounds for the argument that the maintenance of fair justice is eally what is at the heart of the function of the Judiciary. ââ¬Å"Remedies for judicial review include: Certiorari, for quashing unlawful acts, Prohibition, for prohibiting unlawful acts and Mandarmus, (now mandatory order), for requiring performance of a public duty, including a duty to make a decision or determination, or to hear and determine any caseâ⬠6. The fair administration of justice by Jamaicaââ¬â¢s courts is influenced by the fact that its final court of appeal rests outside its jurisdiction.According to the principle of stare decisis or Judicial Preceden ce, courts are bound follow the ruling of higher or equal courts. With the Privy Counsel being retained by the Constitution as Jamaicaââ¬â¢s final appellate court, the discussion arises whether the rulings of that external body are sympathetic to the Caribbean experience and thus a fair and effective administration of Justice. According to Sharma JA of the Trinidadian Court of Appeal in Boodram v.AG and Another, ââ¬Å"even after our independence, our courts have continued to develop our law very much in accordance with English jurisprudence. The inherent danger and pitfall in this approach is that, since Independence our society has developed differently from the English and now requires a robust examination in order to render our Constitution and common law meaningful. â⬠The Jamaican Constitution was so designed to support and to be supported by the Doctrine of Separation of Powers between the Legislative, the Executive and the Judiciary.Though not free of limitations, th e Doctrine effectively balances power among the three bodies, ensuring that encroachments that are not in the interest of justice are held somewhat in check. The sharing of personnel between the Executive and the Legislative bodies in the Jamaican Parliament, however, can lead to cynicism and has the potential for corruption. It is therefore imperative that the Judiciary be allowed to function independently and be protected from interference from those who would seek to influence its decisions.Despite the intent of the Constitutionââ¬â¢s authors, the justice system can only be determined to be fair or faulty based on human factors, the judges. The Constitution is a function as well as a reflection of the society it serves and as such our moral, cultural and economic experience will determine how our justice system evolves and whether the tenets on which it is founded are sufficiently strong and rooted to support Jamaicaââ¬â¢s political and legal independence.
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