Analyse the extent to which the rules of standing and the grounds of Essay

Analyse the extent to which the rules of standing and the grounds of judicial review have struck the right balance between helpi - Essay Example The law of standing  comprises  rules that determine, whether the remedy seeker is a bonafide person or is he legally empower to initiate legal proceeding against the defendant. We have noticed that in private matters, it is very difficult for the victims to seek justice due to lack of legal resources and the hefty cost involves in initiating legal course of action against the party at fault. Hence, visible hurdles for the litigants in the matter of public interest are there2. Public interest litigation may be common in the developed countries, but it seldom seen in the developing countries due to cost incurs on public interest litigation. Enforcement of public right most often requires due role of public bodies in administrating and implementing such functions e.g. health, safety, security or the environment. There is a difference between the public interest litigation and the private interest litigation. In the UK legal system, there is a body of common law and the statutes whi ch revolves around the exceptions with regard to the rule of standing that lacks the protection of public right3. In the mentioned legal system, judicial review is exercised under RSC, order 53 to ensure judicial control over administrative action. The matter of each and every judicial review is a decision that made by some authorized person or persons is/are called decision maker/makers. They have the right to take the decision or refuse to take the decision4. It is (Judicial review) by all standards different from an appeal. The clear distinction is that appeal can be filed in the appellate jurisdiction by the petitioner provided the judgment of the subordinate court did not touch upon the legal or technical aspects of the case whereas the judicial review is connected with the legal aspect of the decision only or the specified act5. Judicial Review Judicial review has the strong relationship with the powerful executives in terms of accountability. It is the constitutional obligati ons of the judiciary to control the misuse of power of the executives. Of course, executives do not like the judicial review against the backdrop of unbridled discretionary powers they are being enjoyed. On the other hand, judiciary encourages the law abiders and the rules comply with executives to carry out their jobs without any fear or favour. In the presence of strong judiciary, the executives should not comply with the illegal orders of their superiors6. In the English legal system, everybody is accountable to his or her deeds. It is the essence of the cited legal system that the actions or the decisions of the executives are subject to judicial review by judges in order to ensure that their actions or decisions are in accordance with law. Further, the judges have the authority to examine the suggested changes in the legislative structure whether they are in line with the constitutional requirement. Judicial review is utmost important keeping in mind the â€Å"power corrupts a nd absolute power corrupts absolutely â€Å". From the aforementioned contents, it is clear that the basic responsibility to address the legal lacunas in the decisions of

End of Life policies in USA and other countries Thesis

End of Life policies in USA and other countries - Thesis Example Advance directives/Personal wills, life support, communication, and decision making are core to any EOL policies and care. Methods The literature review was carried out by Meta Analysis, using available publications, reviews, the WHO policies and guidelines for end-of-life care. The publications were mostly concerning the US, and developed countries where there are more defined and evidence based studies carried out in this area. Conclusions Any model of the best EOL care practice or policies is generally lacking .It might be argued that the lack of a fixed and coherent model is due to the relevance of issues in EOL, such as specific cultural settings, patient-centered needs, and family ethics and ethos. The clinical ethical dilemmas (e.g. withholding or withdrawing life-sustaining treatment) has become quite difficult. However, it is desirable to have EOL policies adapt the model or policies to the specific needs and values of each patient, more than applying a fixed, although maybe comprehensive, model. Key Words: End of Life (EOL) Policies; Palliative Care; Health Care Introduction A large number of the people who die each year, of terminal disease and, old age, though the most vulnerable amongst all of us, do not have access to End-of Life (EOL) care or policies that could ease their suffering during final days of life particularly in developing countries. The clinical ethical dilemmas (e.g. withholding or withdrawing life-sustaining treatment) are becoming more intriguing yet , ethics consultation remain primitive and poor. Palliative care an essential aspect of End-of life (EOL) policies, nevertheless, is not uniformly practiced across the world. Although the support of family and friends is incomparable, EOL care or policy an important public obligation is more than often lacking in majority of countries. According to the WHO(2011), â€Å"Palliative care as an approach that improves the quality of life of patients and their families facing problems asso ciated with life-threatening illness through prevention and relief from suffering by means of early identification and impeccable assessment and treatment of pain and other problems, and physical, psychosocial, and spiritual care†. Background Literature Review Dying persons encounter unique emotional and physical challenges that are associated with dying process, support of love ones is considered irreplaceable, however, EOL care is an important public obligation ( Wilson and Ross Kerr 1998). The importance of addressing the needs of dying persons has been felt for decades (Kubler-Ross, 1973). Clinical ethical dilemmas have become quite difficult due to advances in life-sustaining interventions, an aging society, cultural diversity, and other commercial issues. According to Jonsen et al (2002) clinical ethical dilemmas should be reviewed by considering: (1) medical indications, (2) patient preferences, (3) quality of life, and (4) contextual features. Approach and beliefs invo lved with death and dying vary among different cultures, religions and countries (Volts et al. 1998). Due to the different needs of cultural groups it is necessary to address those needs in providing end-of-life (EOL) care (McGrath 2001), (Doorenbos and Nies 2003) in all kinds of health care settings including home based, as a growing proportion of dying persons desire home-based EOL care (Burge et al. 2003). Burgeoning aging population has necessitated more

Job Redesign and Workplace Reward Essay Example | Topics and Well Written Essays - 2500 words

Job Redesign and Workplace Reward - Essay Example It is prudent to note that companies go an extra mile to include value added packages for their employees to entice them to stay with the organization as long as they are productive and their skills are advantageous to the business (Lauby, 2005). Better job re-designed coupled with an efficient and well-designed reward system is critical in determining the success of the organization. There has been a trend in the corporate world by which organizations are transforming their business structures by ensuring their employees are more utilized by the firm while at the same time they become more productive by absorbing them from hourly workers into full-time salaried workers with more responsibilities and privileges. This is a motivation technique that seeks to incorporate the workers into the firm through extra duties aimed at making them feel more liable and responsible to the success of the organization. On the other hand, the business are reviewing their reward systems to include additional incentives and other packages that are aimed at motivating the workers to be more dedicated and productive in the organization (Hodgetts and Hegar, 2008). Significant amounts of resources have been directed to study both intrinsic and extrinsic motivation for the organization’s management to understand the relevant changes that they need to execute to ensure there is improved performance in their organizations while at the same time ensuring the workers are motivated and retained to enhance productivity. The work culture of the modern world is always a concern; firms are aiming at cutting down on their operational costs and as a result, most firms are opting for casual hourly workers at the expense of salaried employees. Research, however, indicates that hourly employees have a high sense of extrinsic motivation but less intrinsic motivation because they obliged to perform or because of the rewards and incentives they are to receive at the end. For this

Low Birth Weight Essay Example | Topics and Well Written Essays - 3250 words

Low Birth Weight - Essay Example This paper focuses upon Low Birth Weight as a very serious issue with respect to newborns due to a number of complications that such babies face. These may include the tendency of such babies to be susceptible to infections as their immune system may not be very well developed. Serious health problems such as breathing difficulties, jaundice and heart problems are just a few of the factors that babies born having low birth weight may have to face. In some cases these babies may also suffer â€Å"from internal bleeding (bleeding in the brain), very thick blood (polycythaemia) or excessive red blood cells in the blood, low body temperature, low blood sugar (hypoglycemia), intestinal problems, vision problems, etc.† The mortality weight of babies having low birth weights is also very high. Studies have shown that later on in life babies that have been born with low birth weight are very likely to suffer from type 2 diabetes and obesity. It is owing to all these important factors that the causes leading to low birth weight should be figured out and analyzed. Health experts have emphasized upon the well-being of the expectant mother’s health and welfare and have related it directly to the wellness of her expected child. In some situations it has been observed that though the baby may have been born at full time but still the weight of the baby is lower than the average weight of babies born at full term. With respect to the threats to the expected baby’s health one of the basic factors that is bought into consideration is the tendency of the expectant mother to smoke. ... Two of these factors that have been chosen for further research and study currently are: Does ethnic background of mother affect her baby? Does smoking by the expectant mother effect the baby? Previous studies in the same regard have shown interesting results. Many a researchers have looked up the statistics regarding this topic. Sala, Matheus and Lopes (2006) state in their titled ‘Influence of Ethnicity on the Human Term Placenta’ that the native mothers had more tendency to accommodate any capillary changes in the placentas of mothers-to-be for the growing baby as compared to mothers belonging to other ethnic backgrounds. Low Birth Weight Issue Low Birth Weight is often considered as a very serious issue with respect to newborns due to a number of complications that such babies face. These may include the tendency of such babies to be susceptible to infections as their immune system may not be very well developed. Serious health problems such as breathing difficulties , jaundice and heart problems are just a few of the factors that babies born having low birth weight may have to face. In some cases these babies may also suffer â€Å"from internal bleeding (bleeding in the brain), very thick blood (polycythaemia) or excessive red blood cells in the blood, low body temperature, low blood sugar (hypoglycemia), intestinal problems, vision problems, etc.† (Buzzle, 2012). The mortality weight of babies having low birth weights is also very high. Studies have shown that later on in life babies that have been born with low birth weight are very likely to suffer from type 2 diabetes and obesity. It is owing to all these important factors that the causes leading to low birth weight should be figured out and analyzed. CURRENT DOMAIN OF

Political Science - international relations Essay

Political Science - international relations - Essay Example America is presently on course for an economic meltdown at the same time the EU and China are thriving. This trend is expected to continue unless drastic steps are taken immediately but much the same as the global warming crisis; the self-inflicted damage has already been done and may not be completely reversible. The current President Bush administration cut the taxes of the rich while increasing military expenditures on The War on Terror, invasions of Iraq and Afghanistan and the rebuilding of those countries. The debt has now exceeded even the Reagan administration’s record levels. It has severely hampered America’s ability to continue to effectively defend itself and will cripple it economically for many years to come. (Suter, 2004). In this time of increased globalization of the world’s financial markets, American legislators are more easily able to borrow from other countries that are experiencing a surplus of money. The United States is regarded as a good investment and has an unlimited ability to secure loans without a problem, but loans must be paid back, with interest. China and other countries own a large piece of America, a potentially disastrous prospect. For example, in February of 2005 the nation’s seventh largest creditor with $53 Billion in holding s, the Bank of Korea, revealed that it intended to â€Å"diversify reserves out of U.S. dollars† (Hirose, 2005). The Dow Jones dropped 174 points and the dollar lost significant value that same day. What if tomorrow, a major U.S. creditor lost confidence in this nation’s ability to honor the debt or decided to exert political influence by means of economic threats related to the debt? (â€Å"America’s Foreign Owners†, 2006). What if they all united against the U.S.? It probably won’t happen anytime soon but the fact that it could happen should be enough to alert Congress to the crisis. One or a combination of creditor countries could cause a sudden and

How can we tell if we are doing the right thing Discuss with reference Essay

How can we tell if we are doing the right thing Discuss with reference to the philosopher Kant - Essay Example The US government set up military action in the Middle East in a move to fight terrorist activities in the region. The attack adversely affected the US economy and resulted to a revolution of the airline and safety regulations in the country. This essay gives an in depth analysis of the 9/11 terror attack and how it changed various sectors in the US. The 911 attack is known as the worst terrorist that the American history that changed the lives of the citizens and the world at large. The attack refers to a sequence of well- organized terrorist attacks that were instigated by the Al Qaeda in New York City (Langley, 2006). Terrorists hijacked two passenger airlines and flew them into buildings in suicide attacks. Two planes were crashed into the World Trade Centre and two hours following the attack the two Towers caved in. The fires and debris fully or partially destroyed the structures that were in the surrounding. Another airline crashed into the West wing of the Pentagon resulting into its partial destruction. The fourth airline crashed in Pennsylvania but was meant to crash in Washington D. C. This essay gives an account of the 9/11. Most Americans were interested in finding out the individuals who were behind the worst terrorist attack in history. Investigation showed that nineteen terrorist hijacked four airlines and all of them were from the Middle East. It was clear that all of them belonged to the renowned Al Qaeda terrorist faction that was headed by Osama bin Laden who was among the most sought after terrorists in the modern times. Al Qaeda is known to be a well- organized terrorist group that practices extreme Islam practices (Langley, 2006). Members of this group are also immensely opposed to Western nations mainly the United States. They termed the 9/11 attack as a revenge mission against the US. The Al Qaeda was highly opposed against the military presence in the Middle East and the attack was a retaliation of the military activity in

History of Personal Loss Essay Example for Free

History of Personal Loss Essay It is always not easy to hear that a person died and it is really hard to accept if a family member passed away. The first death that I can remember and that affected me was the death of my aunt, my father’s sister. I was still 12 years old at that time when it happened. I was not that close to her but a month before she died, we communicated often and she even asked permission to my father for me to spend my summer with her but my father declined. When we had the chance to spend time together years back, she spoiled me with toys and clothes, thus she became my favorite aunt. Her death came as a shock to all of us. She had a motorcycle accident. Upon hearing the news, I could not believe my ears. My father and I flew immediately to their place and there I saw her remains. It was horror for me. She was such a healthy woman and it terrified me seeing her inside the coffin. My heart was crushed when I saw my father cried. It was my first time to see him cry. That was also the first ever funeral service that I attended to. When it was time to send her to her last resting place, we followed her wake by foot and during that long walk; almost all the cars that passed us by threw coins at us. My cousins explained that it’s a way of showing their sympathy to us. I really can’t forget that experience because my cousins and I was so busy picking up the coins and it made me forget my grief. As Goodman (2000) has discussed, it is not unusual that people faced with sudden death experience â€Å"absent grief† and the initial reaction to the news is usually disbelief and shock. The most recent death in our family was the death of my aunt Elsa. She had peptic ulcer disease which escalated to carcinoma. We found out about her illness about a year ago and the progression of the disease was very rapid and none of us was ready for her rapid deterioration. After she died, I still can’t believe that she’s gone. Every time I visit her working place, I still expect to hear her voice greet me and ask me what I want and how I’m doing. It’s really painful not to hear her voice ever again and not seeing her doing what she does best, taking care of the patients in the community. As much as possible, I try to avoid going to her once office because even up to now, I don’t want to be reminded that she’s gone forever. Goodman (2000) also pointed out that a grieving person may experience a feeling that the person is still living. Even though, Aunt Elsa’s death was really painful, the most painful death that I ever had was the death of my little brother. He had a congenital heart disease, specifically tetralogy of fallot. Ever since he came into our lives, I didn’t treat him as fragile as he should have been because for me, he is a strong individual and that he can surpass every heart attack he had. Going to the hospital was a normal thing for me, since he was sick most of the time. When he was eight years old, upon arriving from school, I was informed that he was again admitted. I was very nonchalant about it but when I found out that he was in the intensive care unit that was the first time I felt fear for his health. When I entered the ICU, my heart just died upon seeing my brother. There were so many tubes inserted in his body and the respirator and cardiac monitor was really getting to my nerves. I tried to wake him up but he won’t respond. I tried not to cry; I tried to be strong for him but the mere act of speaking was very difficult for me. I want to tell him how much I love him but I can’t speak. I don’t want him to hear my trembling voice and give away my emotion. It was very difficult because I know his time is running out and I can’t even tell him how much I do love him. The day after, I had to go to school but I wanted to stop by the hospital however, I was running late so I decided against it. After school, I went directly to the hospital, but the ICU nurse said that he died 9:00 A. M. that day. I couldn’t believe my ears and I went home shocked. It was only when I saw him there, lying in the coffin that I believed that he already left. He left without me telling him how much I do love him. He left me. My brother’s death made me realize that anybody that I love can leave me without any notice, anytime. Now, I fear of being left by my parents. They are all that I have and I can’t stand a thought of them leaving me for good, forever. They’re both old and I know their time in our world is almost up. I try to have myself ready for that dreadful day. I think, based on experience, my initial reaction would be disbelief then followed by numbness, which can last for several days. The numbness would then evolve into anger. I know I will be angry to myself for not being a loving daughter that I should have been and anger because they left me all alone. The stages of grief that are discussed by Smith (2009) are denial, anger, bargaining, depression and acceptance. One lesson that my parents taught me after my brother passed away was life goes on. People we care for and love do come and go but we continue to live. We should accept what we have or don’t and try to live life the way we should have. I believe that one can never forget one’s loss but he can only get used to living without the person. Thus, I know I have resolved my grief when I am already used to have a life empty of my loved one’s absence. This topic is so sensitive for me so I think it is appropriate for me to share my own experiences of grief with a client/ patient if it could give the patient assurance that after the heartache, he still can have a life. References: Smith, M. , Jaffe, E. , Segal, J. (2009). Coping with Grief and Loss: Support for grieving and bereavement. Retrieved May 11, 2010 from http://helpguide. org/mental/grief_loss. htm Goodman, R. F. , (2000). Coping with grief after a sudden death. Retreived May 11, 2010 from http://virginiatech. healthandperformancesolutions. net/Tech%20Trauma%20Articles/Articles/Coping%20With%20Grief%20After%20a%20Sudden%20Death. pdf