The training requirements for Higher Level Teaching Assistants (HLTAS)

1) Discuss the training requirements for Higher Level Teaching Assistants (HLTAS).Higher level teaching assistants (HLTAS) have a variety of training requirements to adhere to for example numerical and literacy skills up to NVQ level 2 which ensures that they are able and confident in what they are teaching. HLTAS should also have a broad knowledge of learning strategies from independent to group within the curriculum to allow a pupil to fulfil their potential. HLTAS should also have a solid knowledge of the curriculum along with skills in curriculum development and delivery this is to allow HLTAS to be able to teach to a high standard and be aware of what a pupil needs to do to get them to move up a sub level or level in different subjects.In addition to this most HLTAS are required to have experience with the children that they are assigned to work with whether this be young children teenagers, special needs or gifted and talented. It is also recommended that HLTAS have a sound kno wledge of ICT to allow this to be implanted across the curriculum and in order to adhere to certain procedures within the school such as using behaviour programmes online or for cross curriculum to be implanted. Policies and procedures are also required for HLTAS to be aware of and able to draw upon when and if needed, also to allow HLTAS to know the policies the school has on safeguarding, bullying and many others.HLTAS should also be confident in regulations and laws surrounding the area in which they are working with whether this be the every child matters act or the children in care act for LAC children. HLTAS should be able to discuss development stages form birth to teenager including speech and language stages. HLTAS should also be confident administering assessments as well as marking them with the correct levels which is why HLTAS need a sound knowledge of the curriculum so that they are able to do this. HLTAS should also have good organisation skills in order to keep the c lass running smoothly and that all procedures are followed.HLTAS should have good self-evaluation skills in order to look at their teaching critically in order to reflect on it and improve. Furthermore HLTAS should have good team work skills so that they can share planning teaching and evaluating themselves and other within the team also for support within the school environment.2) What are the National Occupational Standards (NOS)? What purpose do they serve?The National Occupational Standards (NOS) are performance standards that specify what skills and knowledge a HLTA should have in order to perform in their role. NOS provide a valuable resource to schools that use them to assist in the creation of job descriptions and roles and responsibilities, as well as underpinning training, progression and supporting development needs of staff. They were developed by representatives and different employers in a variety of sectors within education. HLTAS can target the use of the national oc cupational standards in a variety of ways from supporting and assisting with the development of frameworks used for the organisation, promoting and supporting equal opportunities to ensuring confidentiality but to name a few.Other National occupational standards are applicable to HLTAS from roles outside of education for example self-assessment for competence and opportunities for professional development and improvement of skills all of these help staff and HLTAS be able to perform their role to a correct standard and increase their competency within their role. HLTAS can use the National Occupational Standards to Measure their performance, knowledge and understanding against a nationally agreed checklist. Which in turn helps them to see where they need to develop their skills, knowledge and understanding in a variety of different areas, furthermore to help HLTAS decide what skills, knowledge and understanding they will need to progress in their career and for contentious professio nal development.The HLTA role is at the centre of the national occupational standards for supporting teaching and learning, with the standards reflecting the larger scope of responsibilities that the role now holds. Many standards are relevant to my job role with tasks beyond the level one job description, such as, working with children who have special educational needs, implementing IEP’S and Behaviour plans being undertaken along with a new amount of paperwork such as annual reviews for statemented children and the uptake of APP and target framework for example despite the task and descriptor ‘Monitor pupil’s responses to learning activities and accurately record achievement/progress as directed and Provide detailed and regular feedback to teachers on pupils achievement, progress, problems etc.’ (Veronica, W :2003) being on a level  2/3 job description it is usually undertaken by many level 1 teaching assistants.3) How do Higher Level Teaching Assista nts support children in schools?HLTAS support children in a variety of ways in the school community, for example a Higher Level Teaching Assistant (HLTAS) assess the needs of a child which can be done from the HLTA performing assessments to administering test. HLTAS also should serve as a good role model for children which in turn help to support and encourage relationships between children and their personal and educational environments. HLTAS should also help children and teachers set high expectations for children to boost performance and self-esteem. Supporting and developing systems of rewards and consequences which should help a child learn right from wrong. HLTAS should get to know the child/children they are working with and support them in their learning environment whether it be IEPs, behaviour support to literacy and numerical support. HLTAS also support in planning

Balance Sheet and Income Statement Essay

Balance Sheet and Income Statement Jennifer Grayson BSA/500 June 4, 2011 Brian Keltch Balance Sheet and Income Statement The following four companies are related to the companies that have been in review over the last four weeks. These four following companies show how well the company has been doing over the last two years or not so well. The company has pulled their balance sheets and income statement to see if all the company’s financial needs are being met. If the company’s needs are not being met, the company will show where the company needs to cut back and where the company needs to improve. National Plastic Co Conclusion National Plastic Co. s not doing well after a year. The company has less net fixed assets after a year. The company has borrowed less liability but the company has less revenue so with the changes it did not work in the favor for the company. AMERCO Inc. is still doing about the same after a year. The big thing is that the company is still able to bring in money with the economy at its worst. The company is able to run comfortable. Kout Food Group is doing about the same as the year before. No growth has happen and no lost has happen. Resaas Services Inc. has made the most growth in a year. In 2010 the total liabilities and equity was 0. 8% and in 2011 5. 67%. The company gained more than 5. 39%. Resaas is doing well. To look at all the different company’s income statements and balance sheets show that no two companies are the same. Some companies may do better than others may and some may not do well at all. It is important for all companies to make sure to have a financial statement. Reference BLOOMBERG L. P. (2012).

Gender and Culture Studies Article Example | Topics and Well Written Essays - 750 words

Gender and Culture Studies - Article Example All these do not act independent from each other. Studies try to analyze and explain how they work together â€Å"how they mutually construct one another† (Collins et al 62). My goal in this paper is to try explaining the article and the different ideas being portrayed. As noted earlier, the article presents us with the insight of how race and gender are socially put together out of dysfunctional definitions of â€Å"the family†. Generally, gender and race are socially built groups rather than important and biological groups. Collins shows how these groups are formed and how idealized and often the dysfunctional images of â€Å"the family† project a hierarchy that functions in the best interest of everyone. The idealized family needs a breadwinner who is able to protect and maintain the other family members, a wife who is a stay at home mother, and obedient children. This means the public of economics and politics have no impact or influence what so ever on the private domestic sphere of women and children. But this is becoming unrealistic especially in the present day, for it is difficult for survival value for the women and the children who solely depend on the man as the provider. Discrimination on the lines of gender and race is real in the modern society as individuals use an imagined image of a certain group to create a hierarchical categorization. We use the family images to view our nation and use it in the definitions of policies. As matter of fact, the assumption that a few wealthy white men are capable of not only protecting the whole national family but also acting to the best interest of the society comes from accepting the hierarchical categorization. Deviance or protest of any kind to this assumed fact makes one ungrateful and thus conservative politicians expect that women and people of color should not only be submissive According to Collins there were six different dimensions which will be explained in terms of gender, race

The Workplace Environment Improvement at Ojuice Company Essay

The Workplace Environment Improvement at Ojuice Company - Essay Example This lack of creativity shows in the products and advertisement which affects the sales and profits. The traditional management paradigm is based on the principle of planning, organizing, staffing, controlling and directing (Fayol, 1917). However, the development in the modern management paradigms has resulted in a key inclusion in the management: Employee involvement (Parr, 1992). The workplace environment in an organization depends on a large extent on the behavior and attitude of the manager. Success of a firm is majorly impacted by the manager’s ability to understand and work with people who have different needs, perceptions, and aspirations (Kreitner and Kinicki, 2004). Managers, who believe in Theory X control, direct and coerce employees, whereas Theory Y managers believe that employees are internally motivated, seek and accept responsibility and are innovative (McGregor, 2002). Involving employees in decision making improves employee satisfaction.   In order to improve the workplace environment at Ojuice, Janice needs to change the work culture in the organization. The first thing that needs to be done is to decentralize decision making by empowering the employees. Management controls shall be set up on the basis of feedback and mentoring. Janice shall invite ideas from employees to improve any aspect of the organization. Ideas that garner maximum number of votes shall be implemented. Managers shall also encourage the culture of innovation amongst the employees. This can be done through conducting outbound sessions on innovation and creativity. Besides, the top management shall regularly communicate to the employees on the company strategy and the path. These communications can be in the form of emails, town-hall meets or lunch with senior management.  

Self determination, Yugoslavia Czechoslovakia Essay

Self determination, Yugoslavia Czechoslovakia - Essay Example That these unitary states would be destroyed following the fall of the Berlin Wall and the demise of the Soviet Union was perhaps not as important as the manner by which these nation-states disintegrated. The process in Yugoslavia was extraordinarily violent, and notions of national self-determination and territorial sovereignty led to substantial conflict and bloodshed; on the other hand, the process of state disintegration in Czechoslovakia was much more moderate and civil, leading one commentator to characterize this period of Czech history as the period of the "Velvet Revolution to the Velvet Divorce" (Bakke, 2002: 92). This essay will argue that these differences were the result of different approaches to minority rights, different demographic realities which made a more peaceful secession much more difficult in Yugoslavia, and certain ingrained philosophies regarding the legitimacy of national self-determination. As a preliminary matter, before examining how Czechoslovakia and Yugoslavia viewed secession, it is necessary to examine the common understanding of the terms used. The fundamental problem, as noted by Bakke, is that "The principle of national self-determination is as ambiguous as the nation concept itself. ... This ambiguity is particularly illustrative in the instant case; it is illustrative because some people view national self-determination as a civic nation encompassing a variety of ethnic and cultural groups whereas other people have interpreted national self-determination as the right of groups with distinct cultural and ethnic characteristics to have their own autonomous state. As history has demonstrated, the Czech people generally subscribed to the civic notion before relenting and recognizing the cultural and ethnic aspects of national self-determination; Yugoslavia, on the other hand, was torn by a stubborn Serbian adherence to the Roman natio interpretation. The Serbians held steadfast to the civic notion, demanding the preservation of the multiethnic unitary state, whereas Croatia and other regions relied on the cultural ethnic interpretation of national self-determination. A reconciliation of these ambiguous interpretations was resolved peacefully in Czechoslovakia, but unre conciled in Yugoslavia. One simply cannot engage in a comparative analysis of these two formerly unitary nation-states without understanding the role which ethnicity played. Following the First World War and decolonization, national self-determination tended to represent freedom and political and economic independence; later, however, as these newly formed unitary states evolved, people with their own unique cultural and ethnic characteristics often sought to incorporate notions of cultural sovereignty and territorial integrity into their articulation of national self-determination. Indeed, as stated by Hannum, Ethnic wars of secession highlight the inherent tension between "self-determination" and

McDonald's Corporation Essay Example | Topics and Well Written Essays - 750 words

McDonald's Corporation - Essay Example No wonder, McDonald’s Corporation every year rakes in revenues worth billions of dollars. At the foundation of this impressive international expansion and mind boggling profitability lays the unique and customized marketing strategy of McDonald’s Corporation. Over the years, McDonald’s Corporation has evolved a highly versatile and resourceful marketing strategy to promote its products. McDonald’s is a corporate concern that believes in customizing its marketing efforts and brand strategy to suit the local markets. Therefore, it resorts to an innovative mix of apt marketing planning and execution, effective brand management and evolution and strategic creativity (McDonald’s Corporation 2009). Hence, the overall marketing strategy of McDonald’s has always been an assorted blend of catchy advertising and promotional, media publicity, in-store marketing, public relations initiatives, etc (McDonald’s Corporation 2009). The primary objective behind the marketing strategy of McDonald’s is to forge a meaningful and long lasting relationship with its customers. In its expansion history, McDonald faced several unique issues that were often specific to the local arenas in which its restaurants were located. The forte of the company has been its ability to realign its marketing strategies to accommodate the local concerns and issues. For example, in 2003, McDonald had to face a unique situation in Europe and particularly the UK, when its sales figures started dwindling owing to the rising customer concerns over obesity and health problems associated with fast food consumption (Marketing Week 2005). The situation desperately required an innovative and fresh approach towards marketing. McDonald responded to this challenge by coming out with timely, integrated marketing campaigns revolving around â€Å"music, sport,

The Music of Michael Jackson Essay Example | Topics and Well Written Essays - 1750 words

The Music of Michael Jackson - Essay Example Jackson had become a celebrity in popular music by early phases of 1980s. Most of Jackson’s songs, for example, â€Å"Thriller†, "Billie Jean" and "Beat It" were particularly fundamental for his success in popular music. The video of these songs melted away racial barriers in the media industry, particularly music television. The album â€Å"Thriller,† 1982, remains Jackson’s all time best-selling album, not only in the United States, but also in the entire world. Even though Jackson had become noticeable in the world of popular music, his fame would rise higher in 1982 following the release of â€Å"Thriller†, which added seven more Grammy Awards to his already existing pool of awards. â€Å"Thriller† stayed on top of the chart, Billboard 200, for thirty-seven weeks. The album appeared in the top 10 of the 200 chart for eighty continuous weeks. The â€Å"Thriller† album created a historic moment by featuring for the first time seven t op ten singles in Billboard Hot 100. By March 2009, the Recording Industry Association of America (RIAA) had certified 29 million shipment of â€Å"Thriller†, which accorded the album the United States’ Double Diamond status. The 1983 release of â€Å"Thriller†, a video that takes approximately fourteen minutes, marked the turn of events in the music industry as concerns racial barriers, particularly of the most popular television entertainment channel, Music Television Channel (MTV). â€Å"Jackson continued as a pioneer in the black culture when he broke barriers by appearing on MTV and by breaking sales records with the 1982 album, "Thriller."† (Alban, 2009, Para 4). â€Å"Thriller† video would later define the path for music videos of other musicians in the later periods. The important contribution of Jackson’s â€Å"Thriller† is further noticed when the Library of Congress chose the music video as a representative of American cult ure that needs preservation in 2009.

Personal and Professional Development for engineers Assignment

Personal and Professional Development for engineers - Assignment Example These inventions by engineers not only made the human life easier but also provided more employment opportunities to the people. Research and development in engineering profession has also led to the invention of better technology, machines, and manufacturing processes, which guarantee a consistency in the quality of the finished products. Civil engineers can be credited for construction of bridges, roads, buildings, and dams; electrical engineers can be recognized for their establishment of power plants; chemical engineers can be appreciated for their role in manufacturing of apparel merchandise and pharmaceuticals; agricultural engineers can be credited for the increase in crop yield through better irrigation and farming practices; however, it is the mechanical engineer who lays the foundation for the proper functioning of other disciplines of engineering. If there were no machines, which are actually designed and fabricated by a mechanical engineer, there would be no industries an d no technological development. WorldWideLearn (n.d.) stated that a mechanical engineer invents the processes that are used in internal combustion engines, turbines, generators, refrigeration and air-conditioning units, etc. To accomplish the duties of a mechanical engineer successfully, proper certification through accreditation authorities is essential. 2. Professional Registration and Licensing Various countries have different norms and requirements for awarding license and registration to the engineers, including the mechanical engineers. Thornton (2010) mentioned that every state has its own registration and licensing procedure for awarding the professional engineer title in the USA. However, to facilitate the practice of engineering in various states, an individual can apply for professional engineering title in the concerned states with minimum paper work, if a license has already been granted by one American state. The Engineering Council (2011) declares that it is the gover ning body of the engineering profession in the UK, and it has laid down certain standards for getting an engineer professionally registered at various levels. There are national institutions of engineering recognized by the Engineering Council for granting memberships and licenses to the applicants. For memberships and registration of mechanical engineers, The Institution of Mechanical Engineers (2010) takes the responsibility. The various engineering titles, based on academic qualifications and experience, are defined by the chief governing body, the Engineering Council. 3. Engineering Council There are four levels at which the engineers, including the mechanical engineers, can get professionally registered in the United Kingdom. The purpose of having a professional license procedure is to maintain the high standards in the practice of engineering for ensuring the safety and health of the public as well as the environment. The Engineering Council (2011) asserts that by having the m embership of the respective engineering institution, which is also recognized by the Engineering Council, the engineers have better chances of getting employment, drawing more salaries, getting easier promotion, and are also well-accepted by the industry, the government, and the public. The four levels of professional engineers recognized by the governing body i.e. Engineering Counc

Enterprise Resource Planning Systems Essay Example | Topics and Well Written Essays - 2000 words

Enterprise Resource Planning Systems - Essay Example Although ERP has been the cornerstone of the success stories of most companies from several years, there has not been a unified definition for the term ERP. The absence of a single definition is due to the intrinsic complexity of the motive behind ERP implementation. According to the PC Magazine, "ERP is a concept that aims at utilizing an integrated IT system, which serves all departments within an enterprise" (PC Magazine, 2007). The definition implies that an ERP system is not a custom software, but a packaged software that a company can configure to interface with its own IT systems and business processes (finance, logistics, HR, manufacturing etc). Some of today's leading ERP vendors are SAP, Oracle and Microsoft. Although its implementation has taken various forms, the essential concept of ERP has remained the same. Today ERP has become a worldwide industry standard term for the broad set of activities supported by multi-module application software that helps a manufacturer or other business manage the important parts of its business, including product planning, parts purchasing, maintaining inventories, interacting with suppliers, providing customer service, and tracking orders. ERP can also include application modules for the finance and human resources aspects of a business (EC Council, 2002). ERP is a standaERP Customization: The First Step to Success ERP is a standard software package, and like any other standard software package aimed at automating an anonymous industry; it must be tailored to the specific requirements of the business domain in which it is being used. According to Gartner Group (1997), the scale of Business Process Re-Engineering and customization account for the maximum reasons for ERP implementation failures. Therefore customization of the ERP software is a primary and a critical step in ERP implementation. Two types of tailoring methods can be applied to customize the ERP software to the specific business. Customize the ERP package to suit the business process. Business Process Re-Engineering: Customizing the Business Process to suit the ERP package. In the first scenario, the company buys the off-shelf ERP package, and customizes the software based on the business rules and policies defined by the company. The second scenario is the one that is most commonly applied. In this customization strategy, the company re-engineers its business processes to match the vendor's ERP logic. It is not essential that all the business processes of the company be re-engineered. The company performs BPR on only those business processes that are currently not in tandem with the philosophy of the ERP package. ERP implementation and BPR activities should be closely connected. ERP implementation should involve the analysis of current business processes and the chance of reengineering, rather than designing an application system that makes only the best of bad processes (Scheer & Habermann, 2000). Current ERP Technology Most current ERP software packages are based on 3-Tier Client Server Architecture. The 3 tiers of this architecture are: User Interface: Contains the GUI that receives user input. Business Logic: These are servers

Norman Conquest 1066 Essay Example for Free

Norman Conquest 1066 Essay King Edward had taken a vow of chastity, so upon his death in 1066 there was lack of a clear heir to the throne. There were 3 contenders: * William of Normandy – nephew of Edward, claimed that Edward promised him the throne and that Harold II of had sworn agreement to this. * Harold II – riches and powerful of the English aristocracy. * Harald III of Norway – based on previous agreement between Magnus of Norway and the earlier Danish King, where if either died without a heir to their throne, the other would inherit England and Norway. Harold II was immediately elected as King by the pro-Saxon Witan as they feared there could be invasions from abroad. Harald III of Norway invaded Harold II in the Battle of Stamford Bridge(28th September 1066). Harold II won but lost many in battle. Just days later, William of Normandy invaded Harold II in the Battle of Hastings (14th October 1066). Here Harold II died in battle with an arrow through his eye, leaving the throne to William of Normandy. William became King in 1066 and the Norman Conquest left the Saxons conquered by the Normans. * Prior to the conquest, all law was written and spoken in English, whilst after the conquest law was to be written in Latin and occasionally French. Slowly English returned to the courts, but many French and Latin terms were adopted. Hence why today, the English language is closer to French/Latin that Old English. * Stronger central government – courts of the King began to take many of the functions that were traditionally used by the hundred moots and shire moots. Legal recordings were taken much more seriously with legal practices being written down and recorded in the Doomsday book. * Feudalism/land ownership – King became the ultimate ruler of all land in England (Crown owned all land). Anyone who owned land, owed their allegiance to the King and if you weren’t loyal to the King, he could take away your land. If you owned land, you really just owned a title to that land which the King lends you. Today Crown still owns all land. * Trial by Battle was introduced – women, King, elderly, could choose a warrior to fight for them. If the warrior was still standing when the stars came out it was seen as not guilty. It rested on the assumption that a divine power would intervene and whoevers case was just would triumph. Over time, people became skeptical and it was abolished. Norman conquest is seen as the traditional starting point of English Common Law. It ensured that both common law and civil law systems remained. NZ uses this common law system that William retained from Harold. Today in NZ we still buy land in ‘fee simple’ to the Crown. Our legal system still contains some the Latin and French words that were adopted after the Norman Conquest. Magna Carta 1215 King John was not a popular king as he treated his people very poorly, he was seen as a tyrant. He also caused serious arguments amongst Pope Innocent III and the English Barons. Pope Innocent III wanted Stephen Langton as Archbishop of Canterbury but John wanted John De Grey. As John would not accept Langton, the Pope placed England under interdict (suspends all religious life) and declares John’s kingdom forfeit and encourages King Phillip of France to invade. John eventually accepts Langton and surrenders the kingdom back to the Pope and receives it back as a fiefdom. King John is now under the Pope in hierarchy. King John was also unsuccessful in battle, having lost land back to France. This meant less money flowing into England, so John started taxing people of England. It had always been customary that the King consult with the Barons before raising taxes. The Barons agreed to make war on King John if he didn’t sign a charter affirming the rights of the Barons. After attempting to break up the Barons from bribery, John eventually signs. The Magna Carta included promises to protect freedom and rights of the church and to consult with the Barons more closely on taxes, and to guarantee certain rights to all free men. Immediately after this, John asks the Pope to declare Magna Carta null and void. The Barons encourage Prince Louis of France to invade. King John suddenly dies of dysentery, and Henry III becomes King. Every new king from then on will reissue/sign the Magna Carta. So much of the common law was based upon the Magna Carta that is was seen as one of the constitutional documents of England. Courts began citing Magna Carta to support principles and concepts that did not exist when it was created. It influenced the content of other documents that protect people’s rights such as America’s Bill of Rights, and NZ’s. It was the first document in English history that limited the power of the monarch. Until then there was the belief that the Monarch could do whatever they pleased. This established the rule that no one is higher than the law. It marked that power was being shared by more people. The Magna Carta also stated that a council of 25 Barons would be created to advise the King which some people argue is the start of Parliament in common law. Petition of Right 1628 King Charles upset Parliament during his reign from 1625 – 1649. He married a Roman Catholic called Henrietta, protected anti-protestant writers and sought to wage was in Europe on behalf of his Roman Catholic in-laws. It looked like he was favouring Roman Catholics and letting them into the monarchy. When Parliament refused to give Charles the money he needed to fight a battle in Europe, he started taxing the people of England without the consent of he Parliament. This went against a principle established nearly 300 years ago. Parliament responded by issuing the Petition of Right in 1628. It outlined the abuses the King had committed and formally requested that the King rectify his abuses. The Petition of Right was just a soft, light not harsh piece of legislation. Just a set of rules that the King was meant to follow. Charles essentially ignored the Petition of Right and ruled without a Parliament from 1629-1640. This led to the English Civil War where Charles eventually lost and was executed by Parliament. The Monarchy was abolished until 1660. Ruled without Parliament for eleven years. Along with the Magna Carta, the Petition of Right are the constitutional foundational documents of England. The Petition of Right and most important aspects of the English Bill of Rights are still part of NZ law and is still in force today. English Civil War After the Petition or Right was issued to King Charles in 1628, he dissolved Parliament in 1629 and refused to call it for eleven years. But in 1640 he needed money again to ward of the threat of a takeover from Scotland so he reconvened Parliament to ask for the funds. Parliament only agreed to give Charles the funds if he agreed to discuss the abuses that had occurred during his reign as ruler by himself. Parliament took in Henrietta (Charles’ Roman Catholic wife) for questioning under the fear that Roman Catholicism was creeping into power. In retaliation Charles stormed an armed sitting of Parliament with his own army and the English Civil War ensued between the Monarchists and Parliamentarians. Charles was defeated as King in 1645 and escaped to the Island of Whit. He was recaptured in 1647 and sent to permanent exile. The House of Commons passed a special statute that created a special court to trial King Charles for treason. Charles was executed in 1649, being the first and only monarch to be executed which was revolutionary. It showed that Power was shifting upwards and showed that everyone is subject to the law – even the King. Another main consequence was the Parliament was now supreme with a shift in power from the Monarchy to Parliament. This allowed for the responsibility of law making and then came Prime Ministers. Glorious Revolution 1688 King Charles II had no legitimate children, so when he died his brother James became King King James II. King James II did a number of things that upset Parliament, reminding them of King Charles I (Petition of Right and Civil War). He was a Roman Catholic and baptized his son as a Roman Catholic. He gave Catholics a number of prominent jobs in Government. He proclaimed religious freedom for non-Anglicans and suspended Parliament when it criticized him on the above topics. Members of the House of Lords invited Dutch nobleman William of Orange to invade and become new king. William of Orange was married to James II daughter Mary, so they could argue that the throne was staying in the family. William easily defeated James who fled to France. Parliament declared that James had abdicated the throne and it was vacant. In 1689, Parliament appointed William and Mary as joint sovereigns and issued the Bill of Rights. Consequences - Bill of Rights 1689 In the Bill of Rights, Parliament makes the appointment of William and Mary as joint sovereigns conditional on the following principles; Without Parliament, the sovereign cannot suspend or create laws, make new courts, impose new taxes, create or maintain an army in peacetime etc. Along with Magna Carta and Petition of Right, the Bill of Right is a constitutional document for the English legal system. About 100 years after the English Bill of Rights was drawn up, the American Bill of Right was passed. The most significant parts of the Bill of Rights are still part of the NZ Bill or Rights, which is still in force in NZ today. Equity Refers to the separate evolution of the Equity Courts. During the reign of Edward I, he formed three great courts; 1. The King’s Bench 2. The Court of Common Pleas 3. The Exchequer The Exchequer court was a governmental office split into the Exchequer(fiscal) and the Chancery (secretarial). Along with administering writs, the Chancery had to â€Å"reflect a reserve of justice in the King† by trying to incorporate fairness into the legal system. Equity worked by allowed a person to succeed against an individual for a moral or religious wrong, even if that same person was legally in the right. The Chancellor initially administered justice to people who came to him under the Maxims of Equity – he who comes with equity must come with clean hands. Equity worked (examples of son taking money and neighbors tree) by the Chancellor deciding what was right in the eyes of the church and the eyes of clarity. Over time, Equity as a means of obtaining justice became popular enough for the Courts of Equity to be established. In 1616, King James I, ruled that equity was to take precedent over common law, allowing the King to exert some control over his supposedly separated judges. This system was very flexible as to how the law was applied to different situations. The point of equity was that each individual case was to be decided on the points of that case alone so the most just outcome could be reached. Thus it became clear that the Court of Equity was not bound by precedent, giving rise to the aphorism â€Å"equity varies as the length of the chancellor’s foot†.

Analysis of Brothertons Theories of Hospitality

Analysis of Brothertons Theories of Hospitality Introduction: Brotherton Brotherton investigates the issues lying at the depth of what professional scholars and experts convey; it is indirectly addressed to being good neighbours and its administration. It basically audits the definitions and points of view on these basic issues referred in the modern day accommodation, a clear perspective of what accommodation handling potrays. It tries to accomplish the objective Brotherton of their basic definitions and points of view, a large portion of which are acknowledged by experts. , Brotherton tries to convey with new definitions for Hospitality and hospitality management (Brotherton, 1999) and also motivation of both professional scholars and scientists in the next probably thousand years. Carol A. King Hospitality associations that call their clients Guests are utilizing friendliness as an term for their employees a type of relationship with those customers. The utilization of the this term is proposed to advise workers that they should treat the individuals who treat their operation even though they are visitors. In any case, workers realize what that implies. This paper studies the history of accommodation and proposes a model of friendliness for use in client benefit associations. It will contend The approach of friendliness, it has developed in the business sense, it is the expectation and arrangement of whatever is required to satisfy a visitor, and that the predecessor of business accommodation is the conduct of the subject toward his sovereign or master. Visser watched that social graces are an arrangement of enlightened taboos that work to lessen strain and shield visitor and host from each other in a circumstance loaded with potential risk. The laws of Hospitality keep hos t and visitor from assaulting each other with blades at the table or when the visitor is exposed. Entertainment originally referred to play music or dancing or enjoyment, but later became synonymous with hospitality, as it is today (A.King, 1995) Hemmington Disappointment enough to characterize or comprehend cordiality as a business marvel has made a divided scholarly condition and a schizophrenia in the business that can possibly restrain its improvement as a worldwide industry. This article recommends that, by rethinking hospitality as conduct and experience, another viewpoint rises that has energizing ramifications for the administration of hospitality organizations. A structure to portray cordiality in the hospitality business space is proposed. This structure recommends an emphasis on the host-visitor relationship, liberality, theater and execution, heaps of little amazements, and the security of outsiders; a concentration that furnishes visitors with encounters that are close to home, essential and enhance their lives This conceptual article aims to explore and extend the debate surrounding hospitality in commercial environment (HEMMINGTON, 2007) Summary:- Brotherton:- Some non hospitality associations hoping to enhance clients have attempted to refer their clients as Guests, applying accommodation model to their operations. a few challenges of conveying friendliness are expressed. Some non friendly associations hoping to enhance consumer loyalty have attempted to rethink their clients as Guests, applying an accommodation model to their operations. a few challenges to conveying accommodation are talked about. Despite the fact that the words hospital and hospitality have a similar root, hospital facilities and non-benefit associations and even a couple of business organisations have swung to a friendliness model of client administration to enhance customer loyalty. A few associations like Disney, where amusement clients are guests and each employee is a host, paying little respect to employment work. Disney has been recognized as one of the best model in America. Hospitality associations that call their clients Guests are utilizing friendliness as an term for their employees a type of relationship with those customers. The utilization of the this term is proposed to advise workers that they should treat the individuals who treat their operation even though they are visitors. In any case, workers realize what that implies. This paper studies the history of accommodation and proposes a model of friendliness for use in client benefit associations. It will contend The approach of friendliness, it has developed in the business sense, it is the expectation and arrangement of whatever is required to satisfy a visitor, and that the predecessor of business accommodation is the conduct of the subject toward his sovereign or master. Carol A. King Some non hospitality associations hoping to enhance clients have attempted to refer their clients as Guests, applying accommodation model to their operations. a few challenges of conveying friendliness are expressed. Some non friendly associations hoping to enhance consumer loyalty have attempted to rethink their clients as Guests, applying an accommodation model to their operations. a few challenges to conveying accommodation are talked about. Despite the fact that the words hospital and hospitality have a similar root, hospital facilities and non-benefit associations and even a couple of business organisations have swung to a friendliness model of client administration to enhance customer loyalty. A few associations like Disney, where amusement clients are guests and each employee is a host, paying little respect to employment work. Disney has been recognized as one of the best model in America. Hemmington:- Brotherton investigates the issues lying at the profundity of what expert researchers and specialists passes on; it is by implication of being great neighbours and its organization. It fundamentally reviews the definitions and perspectives on these essential issues in the current convenience, an unmistakable point of view of what settlement dealing with portrays. It tries to finish the target Brotherton of their essential definitions and perspectives, a substantial part of which are recognized by specialists. , Brotherton tries to pass on with new definitions for sincerity and amicable organization and furthermore inspiration of both expert researchers and researchers in the following most likely thousand years. Methodology:- The key commitment of these 3 papers is to basically investigate propels made since the presentation of hospitality as an advanced education subject, to catch contemporary considering, and to bolster the acknowledgment of the scholarly advantages for hospitality administration hypothesis and practices of an educational programs educated from a sociology based point of view. the restricted scholastic level headed discussion has been overwhelmed by the use of non specific business and administration hypothesis. Without a doubt, as the vagrants of the scholastic world, hospitality academics have maybe jumped too promptly into the universe of administrations administration, with little thought for the genuine importance and ramifications of this point of view for the idea of hospitality and the global hospitality industry. Great Quotes:- Carol A. King 1. Although the words hospital and hospitality have the same root, hospitals are often not very hospitable places. (King, 1995) Ans. The author tries to convey that hospitality is a sector where people are welcome and people would love to go, whereas hospital is the place where people would have to go reluctantly. 2. The middle Ages brought feudalism and chivalry (A.King, 1995) Ans. The author tries to convey that during 5th to 15th Century the rich nobles and knights were expected to behave politely and courteously to subordinates. 3. The use of rituals associated with hospitality serves social and psychological needs of both guest and host. (King, 1995) Ans. The author tries to convey that being hospitable became a ritual psychologically from the point of view from guest and host. 4. There were norms not only dictating the hosts behaviour toward the guest, but also the guests behaviour toward the host (King, 1995) Ans. The author tries to convey that as not only the hosts but also the guests are expected to be polite and courteous. (A.King, 1995) 5. Hospitality involves reciprocal interactions between individuals, who may be of differing social status (A.King, 1995) Ans. The author tries to convey that hosts and guests are expected to be polite and courteous, irrespective of their caste, culture and status in Society Brotherton:- It is also rarely clear where the boundaries of hospitality are drawn (Brotherton, 1999) Ans. The author tries to convey that it is not clear besides hospitality organisations where else a person can show hospitality What we need is a sound theory of hospitality based on research (Brotherton, 1999) Ans. The author tries to convey what we need to analyse hospitality to the core . hospitality management research community has been content to promulgate the supposed (Brotherton, 1999) Ans. Here the author conveys that the scholars of hospitality management are not yet clear about their thesis and knowledge. hospitality may be subdivided into private, public and institutional contexts (Brotherton, 1999) Ans. Here the authors convey that hospitality could be categorized according to private functions, wedding, ceremonies, birthdays, meeting and conferences. This purported characteristic is so historically and socially value laden (Brotherton, 1999) Ans. the features of hospitality is traditional and has lot of values Hemmington:- In the academic world, the dominant approach is one based on business and management. (HEMMINGTON, 2007) Ans. the author tries to explain that in academic world, the management and business has a strong hold. how might commercial hospitality be made more hospitable (HEMMINGTON, 2007) Ans. The author wants to know how small institutions like motels, inns can show good level of hospitality and how could it be measured. Hospitality to strangers is equated with hospitality to God (HEMMINGTON, 2007) Ans. Hospitality to strangers who could be guests came from the moral value of religion, where serving the strangers is considered serving god, as god could come as a stranger asking for help Hospitality is a process: An earnest invitation, cheerful entertainment, faithful protection (HEMMINGTON, 2007) Ans, hospitality is showing friendliness, warm reception, providing entertainment to the guests and protecting their well being. The retention of a customer perspective is essential to the effective delivery of hospitality products (HEMMINGTON, 2007) Ans. customers will come back to your hotel when hospitality products will be effectively delvered. Referencing:- Brotherton, B. (1999). Towards a definitive view of the nature of hospitality and hospitality management. International Journal of Contemporary Hospitality Management, 165. HEMMINGTON, N. (2007). From Service to Experience: Understanding and Defining the Hospitality Business. Understanding and Defining the Hospitality Business, 2. King, C. A. (1995). WHAT IS HOSPITALITY. Defination of Hospitality, 210. Comments: Brotherton:- The aim of this paper has been to critically review the nature of hospitality and hospitality management to provoke both academic and practitioner colleagues alike into considering these concepts more deeply. In view of this it is to be expected that reactions may range from the view at one end of the sequence its a lot of unrelated nonsense which only serves to confuse the matter further, to that which sees this exercise as a thrilling and saving contribution. Whatever the specific nature of the reaction it is certain that there will be one, and hopefully it will contribute to the furtherance of this debate Hemmington:- Five key measurements of friendliness as a business experience are recognized; the host-visitor relationship, liberality, theatre and execution, loads of little shocks and wellbeing and security. To finish up, Hospitality organisations must concentrate on the visitor experience and stage vital encounters that empower every one of the five detects. They should act like hosts assuming liability for the experience and making loads of little shocks. They should delegate and build up their staff as entertainers and the cast in the experience. They should make a sentiment liberality, dodge niggardliness, and not permit money related and operational control strategies to command the visitor encounter. Hospitality organisations that can catch this feeling of theater and liberality will increase upper hand by giving their visitors encounters that are close to home, paramount and enhance their lives. Carol A.King The possibility of hospitality dates from ages. Travel was to a great degree unsafe, and to be without haven for the night could mean passing by presentation to the components or wild creatures, or theft and murder on account of outlaws. Numerous social orders built up an ethic of friendliness to permit a level of security of travellers; without that, there could be no travel and no exchange. In this way hospitality was not simply the arrangement of safe house and sustenance the fulfilment of physiological need, additionally some level of security mental solace in the confirmation that ones host was bound by a code of hospitality that guaranteed that a visitor in his home would not be burglarized or endure substantial mischief. In the meantime, the guests was under a commitment not to do damage to the host. Conclusion: Brotherton:- The aim of this paper has been to critically review the nature of hospitality and hospitality management to provoke both academic and practitioner colleagues alike into considering these concepts more deeply. In view of this it is to be expected that reactions may range from the view at one end of the continuum that this is a lot of unnecessary nonsense which only serves to confuse the issues further, to that which sees this exercise as a stimulating and liberating contribution at the other. The definition of hospitality offered here potentially opens up a Pandoras box of possible orientations, issues, and comparisons which hospitality researchers may have previously considered to be outside the realm of hospitality. Indeed, it raises the central question of whether hospitality research should be limited to the domain of commercial hospitality provision, If hospitality management research and practice are to progress those associated with it must reflect more deeply over both its ess ential nature and practical manifestation. Without such discourse it is unlikely that both the academic and practical aspects of the hospitality field will progress to higher levels in the next millennium. Hemmington:- this article has looked to outline a course through contemporary talk, and between the hypothetical and down to earth, to distinguish the vital and operational ramifications of friendliness in business situations. It proposes that by investigating and characterizing accommodation as experience, new points of view rise that have essential ramifications for hospitality in business settings. These suggestions take friendliness past administrations administration to a place where accommodation, a feeling of theatre and liberality are focal Carol A.King The Dutch scholar Henri Nouwen (1975) talked about the spiritual aspects of hospitality, and characterized it as the production of a free and friendly space where outsiders can enter in and get to be companions. He then describes three types of hospitality that are very unique in relation to that discussed in this paper: the hospitality of the family towards the youngster, the hospitality of the educator towards studies, and the cordiality of the counsellor or expert s toward patients. For each situation, the beneficiary or guest has a free and amicable space to develop. We could convey this idea further by making free and well disposed, accommodating spaces for workers, in which they could develop and create finish ways of life as people.

Attributes of Typical Heisman Trophy Winners Essay -- College Football

HEISMAN DILEMMA The Heisman Trophy: symbol of unquestionable superiority among fellow NCAA division 1-A athletes . . . or is it? This unique honor is awarded to the player who the Heisman panel believes is the â€Å"best† player in 1-A. The award can be given to a player of â€Å"any position,† or so the Heisman committee says. There has never been a Heisman candidate who hasn’t been a quarterback, running back, or multi-purpose skill player (for example: someone who plays wide receiver, defensive back, and is a situational running back). Does the Heisman Trophy really determine who the best player (and therefore best NFL prospect) is? I can prove who will win the Heisman this year, but should that person be the Heisman winner? Kirk Herbstreit is currently ESPN’s leading college football journalist, and I consider him the undeniable authority on all matters associated with college football. He created his own Website, Heisman Pundit. This Website contains â€Å"The 10 Heismandments,† which I think accurately capture the unofficial qualifications that the Heisman panel uses to choose the winner. It is my personal belief that the Heismandments are bogus, but if you look through the history of Heisman winners, they really do comply with most (if not all) of the qualifications. The â€Å"Ten Heismandments† are as follows: 1. The winner must be a quarterback, running back, or multi-threat athlete. 2. The winner must be a Junior or a Senior. 3. The winner must put up good numbers in big games on TV. 4. The winner must have some prior recognition. 5. The Winner must be one of the following three: a. a top player on a national title contender team; b. a player who puts up good numbers for a traditional power that has a good r... ... for money; they don’t have their own clothing lines; hell, they aren’t even allowed to do endorsements. They play for the love of the game, for a national title, for a Heisman Trophy, and to get noticed by NFL coaches. Let’s face it. Every football-loving fan in America is going to watch all of the top 5 bowls, regardless of who plays them. To take away from the purity and justice of college football to make a few pennies is an atrocity. Let’s just hope that NCAA officials can realize what they’re doing, and stop before it’s too late. Works Cited Burns, Marty. â€Å"Leinart, Trojans Having a Good Time.† Sports Illustrated. November 2005. Cincinnati Bengals’ Website. 2005. www.bengals.com. Heisman Website. 2005. www.heisman.com. Herbstreit, Kirk. Heisman Pundit. 7 November. 2005. www.heismanpundi.com. Pasquarelli, Len. ESPN Magazine. November 2005.

The Uses of Psychology to People at Work Essay -- Papers Workplace Cow

The Uses of Psychology to People at Work Psychology is the scientific study of behavior and mental processes (Hilgard, 1996). An understanding of this can be a useful tool for many different groups of people in the work environment, who all have their own interests in what psychology has to offer. Such groups to benefit include managers, employees, Human Resources specialists and Trade Unions. An in depth understanding of human behavioral patterns can be applied positively in order to get the most out of people and increase productivity at work. This is achieved by reducing factors that interfere with the efficiency of peoples' work. This assignment will aim to focus on factors that are ongoing and socially aroused by the interaction between people and their environment, namely: dealing and coping with work stress; lowering the rate of bullying and harassment in the workplace; and maintaining a high level of motivation and effort both in demanding and tedious tasks. Every type of person in an organization is susceptible to suffering from worry and stress. Stress is a challenge to a person's capacity to adapt to inner and outer demands, which may be physiologically arousing and emotionally taxing and call for cognitive and behavioral responses (Westen, 1999). Stress provokes physical and emotional disturbances, which have the ability to affect both one's health and performance. It can lead to tension in the workplace and frequent absenteeism due to illegitimate claims of sickness, thus its prevention is beneficial to both employee and organization. Managing stress can be achieved by the direct approaches of behavioral tec... ...vol 28, no 3, p 311-30. Â · Niedl, 1996, Mobbing and Well-being: Economic and Personnel development implications, European Journal of Work and Organizational Psychology, vol 5, no 2, p 251-271. Â · Otway, HJ & Misenta, R (1980), "The determinants of operator preparedness for emergency situations in nuclear power plants", Paper presented at Workshop on Procedural and Organisational Measures for Accident Management: Laxenburg, Austria, 28-31 Jan. Â · Westen, D (1999), Psychology: Mind, Brain & Culture, Second Edition, Wiley. Â · Wilke, Rutte, van Knippenberg & Ad, 2000, The Resentful sucker: Do rewards ease the pain?, European Journal of Work and Organizational Psychology, vol 9, no 3, Sept 2000, p 307-320. Â · Yukl & Wexley (1971), Readingsin Organizational and Industrial Psychology, Oxford University Press.

Comparing Arundhati Roy’s The God of Small Things and Chinua Archebe’s

Comparing Arundhati Roy’s The God of Small Things and Chinua Archebe’s Things Fall Apart Literature is an amazing form of expression. A multitude of things can be said so in so many creative ways. Whether the story that is being told is true or fiction, the important thing is how it is told. The structure of a story is what gives it power, strength and the ability to move readers. Arundhati Roy and Chinua Achebe are two very talented authors who express their stories in two very different and unique ways. Although their stories are structurally different they have many similarities regarding class structure, societal issues, moral and family betrayals, and tragedy. The God of Small Things, a novel, by Arundhati Roy unravels the secrets of a family in India. Arundhati Roy uses an intriguing technique to tell the story of Ammu, Rahel, Estha, Sophie Mol, Velutha, Mammachi, Chacko, Margaret Kochamma, and Baby Kochamma. Roy starts the story by in a way paraphrasing all the events that are to occur throughout the story. She then proceeds to tell about the funeral of Sophie Mol and Ammu, Rahel, and Estha’s trip to the police station. She begins the story at the end. The reader does not find out until much later who Sophie Mol is and why Ammu and the twins went to the police station. Roy continues the story by jumping from Rahel and Estha’s childhood to their adulthood. Every chapter jumps from past to present. In every chapter Arundhati Roy answers or creates more questions about her characters lives for the reader. She uses repetition throughout the story to make the reader pay attention, remember, and wonder what she is trying to get across. Roy also uses wonderful metaphors, similes, and figurative language to ... ... one who killed his own son. He did not want to look weak in front of his fellow clan members. Okonkwo suffered internally for what he did. Despite the fact that these novels by Roy and Archebe differ widely in structure, they share many common themes. Both authors had their own special way of getting the story out, yet wanted to show the same things. Class structures, societal issues, moral and family betrayal all play a huge part in the lives of their characters. Many times these themes had terrible consequences and even ended up causing tragedy. These three things had the ability to change history forever. Â   Work Cited: Roy, Arundhati. The God of Small Things. HarperCollins Publishers, Inc. New York. 1997. The Norton Anthology of English Literature. Vol. 2c seventh edition. Archebe, Chinua. Things Fall Apart.

A Doll’s House: Nora’s Character Essay

From the first moments of her entrance, the audience perceives Nora Helmer as a spoiled, childish young woman. She is revealed as a loving woman who wants to spoil her family with more Christmas gifts that she may be able to afford. She also continues to eat macaroons in secret, deliberately against her husband’s wishes, which shows a child’s stubbornness and determination. Throughout Henrik Ibsen’s A Doll House, Nora Helmer grows from what the audience perceives as a flighty, immature child to a level-headed, mature woman. After the entrance of Mrs. Linde, Nora’s childhood friend, the audience learns that Nora has borrowed money – something that women of that time were not permitted to do. Not only did she borrow money, but she borrowed it through an unscrupulous banker that Torvald works with, Krogstad. Although her intentions were admirable, Nora’s partaking in an illegal practice showed more immaturity on her part. Having to lie to Torvald about what she was doing with the money he gave her only further proves that she was not capable of handling such a serious transaction. During Nora’s talks with Torvald over Krogstad, Torvald says, â€Å"Almost everyone who goes bad early in life has a mother who’s a chronic liar† (Ibsen 1527). This news causes Nora to panic and shut down all contact with her three children. While a statement such as that does warrant some kind of reaction, Nora’s extreme actions show a blind confidence in her husband’s words. She believes that everything he says must be gospel. If she had more knowledge of being a mother, she would have known that she could challenge his bold words. Although many people are able to see goodness in others no matter how slight it may be, Nora blindly assumes that because she has three small children, Krogstad will not reveal their transaction to Torvald or the authorities. At the beginning of Act II, she says, â€Å"Nothing terrible could happen. It’s impossible. Why, I have three small children† (Ibsen 1527). A more experienced woman would know that nothing, not even something as sweet and innocent as children, can get in the way of a desperate man. From Act II to the end of the play, Nora continually refers to a miracle. It seems that she wished Torvald would take care of the whole situation with Krogstad once he found out about it and love and praise her for her sacrifice. After he outright condemns her, calling her a criminal and a liar, Torvald accuses Nora of wrecking his happiness, tells her she must never see the children, and blames her father’s parenting for the entire situation. When Nora realizes Torvald is not going to suffer for her sake or take on her guilt, something in her snaps. Even after they get Krogstad’s note back and burn it, she knows things cannot remain how they have been in the past. She says, â€Å"I’ve been your doll-wife here, just as at home I was Papa’s doll-child† (Ibsen 1552). By the final scenes of the play, the audience watches as Nora blossoms into a strong, independent woman. She refuses any money that Torvald offers her, and finally challenges some of his words. She tells him that he may have the strength to â€Å"make himself over† if his â€Å"doll gets taken away† (Ibsen 1555). That small exchange proves that she is not merely running from her problems, but she genuinely wants Torvald and herself to have a chance to change. At last she walks out the door but leaves Torvald with the hope that someday they might have a true marriage. She sighs, â€Å"You and I both would have to transform ourselves to the point that†¦ That our living together could be a true marriage† (Ibsen 1556).

Judicial Activism in the Arena of Environmental Law of Bangladesh

AN ASSIGNMENT ON â€Å"JUDICIAL ACTIVISM IN THE ARENA OF ENVIRONMENTAL LAW OF BANGLADESH† Content†¦ TopicPage no. 1. Prologue 1 2. Judicial Activism 3 3. Judicial Restraint 8 4. Difference between Judicial Activism & Judicial Restraint 9 5. General Development and Environment Context of Bangladesh12 6. Major Environmental Issues Facing Bangladesh 14 7. Environmental Law in the Legal Regime of Bangladesh 15 8. Development of Judicial Activism in the Environmental Regime & the ECA 16 9. Administration of Environmental Justice: The Court Cases23 10. Environmental Nuisance should be Mitigated 24 1. Right to Environment 24 12. Access to Justice: Opening up the Horizon of Public Interest Litigation (PIL) 25 13. Right to Participation 25 14. Suo motu Rule against Grabbing Land of Public Garden 26 15. Protecting River from Encroachment 26 16. Checking Industrial Pollution 27 17. Vehicular Pollution to be Reduced 28 18. Judicial Decisions in the Issue of Environment of Bangladesh 29 19. Epilogue 91 Prologue:The issue of environment pollution has become a burning one with the increase of global warming throughout the whole world especially in Bangladesh. The Supreme Courts of different countries are coming forward to meet this issue at the frequent insistence of the environmentalist organizations which are very watchful upon environmental disaster. Though natural calamities cannot be resisted, man-made disasters can be checked to judicial activism i. e. judicial enforcement. With the growing rate of environmental pollution in Bangladesh, judicial activism in the arena of environmental law has been getting stronger here.Before the introduction of the Public Interest Litigation (PIL), there didn’t have any direct access to the court for enforcing environmental issues, but after the introduction of the PIL, environmental issues can directly be settled by the courts. The United Nations Conference on Environment and Development (UNCED) held in Rio de Janei ro from 3 to 14 June 1992 recognized the entitlement of human beings to a healthy and productive life in harmony with nature[1]. The threshold of the Rio Declaration was the recognition of right to evelopment[2] and more importantly sustainable development. With the adoption of Rio, the global community committed to integrate environmental issues into mainstream economic and social policy[3] and reduce and eliminate unsustainable patters of production and consumption[4]. Commitments recorded in the Rio declaration call for legal and judicial activism. When commitment for sustainable development suffers judicial review can be sought on the basis of the Rio principles of ‘common but differentiated responsibilities’[5], ‘polluters pay’[6], ‘precautionary approach’[7] and ‘EIA’[8].While the Rio declaration in Principle 11 requires the states to enact effective environmental legislation and standards, access to judicial and administrati ve review process becomes relevant[9] to uphold people’s rights that such laws would endure. Right to participation and access to environmental decision making process[10] need express legal recognition that the judiciary can safeguard in appropriate instance. The post-Rio developments in the legal and judicial area of Bangladesh have showed respect to the Rio commitments and also the framework of Agenda-21 that requires protection of fragile eco-system and resources.This paper would highlight on the legal and judicial activism in Bangladesh that have contributed in promoting sustainable development and environmental management as pledged by the global community in various international conventions, treaties and protocols. Judicial Activism: Judicial activism is a political term used to describe judicial rulings that are suspected to be based upon personal and political considerations other than existing law. Judicial restraint is sometimes used as an antonym of judicial acti vism.The term may have more specific meaning in certain political contexts. Concerns of judicial activism are closely tied to constitutional interpretation, statutory construction, and separation of powers. Definition Judicial activism refers to â€Å"a philosophy of judicial decision-making whereby judges allow their personal views about public policy among other factors, to guide their decisions, usually with the suggestion that adherents of this philosophy tend to find constitutional violations and are willing to ignore precedent. †[11] If to resolve the dispute, the Court must create a new rule or modify an old one that is law creation. Judges defending themselves acquisitions of judicial activism sometimes say they don’t make law, they only apply it. It is true that in our system, judges are not supposed to and generally don’t make new law with the same freedom that legislatures can and do; they are, in Oliver Wendell Holmes’s phrase, ‘confined from molar to molecular motions. ’ The qualification is important, but the fact remains that judges make, and do not just find and apply law. †[12] Judicial activism† is frequently used in political debate without a clear definition, which has created some confusion over its precise meaning. Bradley Canon posited six dimensions along which judge courts may be perceived as activist are:[13] †¢ Majoritarianism— This dimension takes into account the degree to which policies adopted through the democratic process are judicially overturned. †¢ Interpretive stability— This dimension takes into account the degree to which court decisions alter earlier decisions, doctrines, or constitutional interpretations. Interpretive fidelity— This dimension takes into account the degree to which constitutional provisions are interpreted contrary to the clear intentions of their drafters, or the clear implications of the language used in the provision. †¢ Substance/democratic process— This dimension takes into account the degree to which judicial decisions make substantive policy, as opposed to acting to preserve the democratic political process. †¢ Specificity of policy— This dimension takes into account the degree to which a judicial decision establishes policy itself, as opposed to leaving discretion to other agencies. Availability of an alternate policymaker— This dimension takes into account the degree to which a judicial decision supersedes or inhibits serious consideration of the same problem by other government agencies. Origins Arthur Schlesinger Jr. introduced the term â€Å"judicial activism† to the public in a January 1947 Fortune magazine article titled â€Å"The Supreme Court: 1947. â€Å"[14] According to Keenan Kmiec, in a 2004 article in California Law Review: Schlesinger's article profiled all nine Supreme Court justices on the Court at that time and explained the alliances and divisions among them. The article characterized Justices Black, Douglas, Murphy, and Rutledge as the â€Å"Judicial Activists† and Justices Frankfurter, Jackson, and Burton as the â€Å"Champions of Self Restraint. † Justice Reed and Chief Justice Vinson comprised a middle group. †[15] Debate Detractors of judicial activism charge that it usurps the power of the elected branches of government or appointed agencies, damaging the rule of law and democracy. 16] They argue that an unelected or elected judicial branch has no legitimate grounds to overrule policy choices of duly elected or appointed representatives, in the absence of a real conflict with the constitution. [citation needed] In some instances, government regulation by appointed officers in government agencies are overturned by elected judges. Defenders of judicial prerogatives say that many cases of so called â€Å"judicial activism† merely exemplify judicial review, and that courts must upho ld existing laws and strike down any statute that violates a superseding law.For example, ruling a statute is unconstitutional because it conflicts with the Constitution of a jurisdiction. However, detractors of judicial activism retort that neither democracy nor the rule of law can exist when the law is merely what judges presently say it should be. Defenders counterclaim that indeed this is precisely what the role of the judiciary is, namely to interpret the law. Detractors argue that the discretion of judges must be limited e. g. by the intentions of lawmakers and appointed or elected government officers, or else any group of people ngaged in any behavior could become a judicially protected minority, and any law could be subverted by the predilections of elected or appointed judges. Some proponents of a stronger judiciary argue that the judiciary helps provide checks and balances and should grant itself an expanded role to counterbalance the effects of transient majoritarianism, i. e. there should be an increase in the powers of a branch of government which is not directly subject to the electorate, so that the majority cannot dominate or oppress any particular minority through its elective powers. 17] Moreover, they argue that the judiciary strikes down both elected and unelected official action, that in some instances acts of legislative bodies reflect the view the transient majority may have had at the moment of passage and not necessarily the view the same legislative body may have at the time the legislation is struck down, that the judges that are appointed are usually appointed by previously elected executive officials so that their philosophy should reflect that of those who nominated them, that an independent judiciary is a great asset to civil society since corporations and the wealthy are unable to dictate their version of constitutional interpretation with threat of stopping political donations. Examples The following have been cited as examples of judicial activism: †¢ Mercein v. People – 1840 Connecticut transfers absolute sovereignty over children from parents to the State †¢ Dred Scott v.Sandford – 1857 Supreme court ruling that ruled that people of African descent imported into the United States and held as slaves, or their descendants—whether or not they were slaves—were not protected by the Constitution and could never be citizens of the United States †¢ Plessy v. Ferguson – 1896 Supreme Court ruling declaring racial segregation as constitutional †¢ Brown v. Board of Education – 1954 Supreme Court ruling ordering the desegregation of public schools †¢ Griswold v. Connecticut – 1965 Supreme Court ruling striking down a Connecticut ban on contraception for unmarried individuals †¢ Loving v. Virginia – 1967 Supreme Court ruling striking down Virginia's ban on interracial marriage †¢ Roe v. Wade – 1973 Supreme Court ruling stablishing a constitutional right to abortion †¢ Bowers v. Hardwick – 1986 Supreme Court ruling upholding the constitutionality of Georgia's sodomy law. †¢ Bush v. Gore – 2000 Supreme Court ruling that resolved the 2000 presidential election in favor of George W. Bush. †¢ Lawrence v. Texas – 2003 Supreme Court ruling striking down Texas's criminalization of sodomy †¢ In re Marriage Cases – 2008 California Supreme Court ruling establishing a constitutional right to gay marriage †¢ Citizens United v. Federal Election Commission – 2010 Supreme Court decision overturning Congressionally enacted limitations on corporate political spending[18]Judicial Restraint: Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional. [19] It is sometimes regarded as the opposite of judicial activism. In deciding questions of constitutional law, judicially-restrained jurists go to great lengths to defer to the legislature. Judicial restraint requires the judge to uphold a law whenever possible. Former Associate Justice Felix Frankfurter, a Democrat appointed by Franklin Roosevelt, is generally seen as the â€Å"model of judicial restraint. â€Å"[20]Judicially-restrained judges respect stare decisis, the principle of upholding established precedent handed down by past judges. When the late Chief Justice Rehnquist overturned some of the precedents of the Warren Court, Time Magazine said he was not following the theory of judicial restraint. Difference between Judicial Activism & Judicial Restraint: Judicial activism and judicial restraint are two opposing philosophies when it comes to the Supreme Court justices' interpretations of the United States Constitution; justices appointed by the President to the Supreme Court serve for life, and thus whose decisio ns shape the lives of â€Å"We the people† for a long time to come.Judicial activism is the view that the Supreme Court and other judges can and should creatively (re)interprets the texts of the Constitution and the laws in order to serve the judges' own visions regarding the needs of contemporary society. Judicial activism believes that judges assume a role as independent policy makers or independent â€Å"trustees† on behalf of society that goes beyond their traditional role as interpreters of the Constitution and laws. The concept of judicial activism is the polar opposite of judicial restraint. Judicial restraint refers to the doctrine that judges' own philosophies or policy preferences should not be injected into the law and should whenever reasonably possible construe the law so as to avoid second guessing the policy decisions made by other governmental institutions such as Congress, the President and state legislatures.This view is based on the concept that judg es have no popular mandate to act as policy makers and should defer to the decisions of the elected â€Å"political† branches of the Federal government and of the states in matters of policy making so long as these policymakers stay within the limits of their powers as defined by the US Constitution and the constitutions of the several states. Marbury v. Madison, one of the first US Supreme Court cases asserting the power of judicial review, is an effective argument for this power; however, it lacks direct textual basis for the decision. John Marshall managed to get away with this deficiency because of the silence on many issues and the vague wording of the Constitution.Marshall was also the first to interpret the Constitution loosely, also known as judicial activism. During his term as Supreme Court Chief Justice, Marshall was also successful in loose constructionism through other landmark Supreme Court cases such as Gibbons v. Ogden (â€Å"Emancipation Proclamation† of commerce), and McCulloch v. Maryland (whose decision stated that the states cannot tax a federal bank). These landmark decisions were the basis and the precedent for future Supreme Court cases, and had also provided a means through which the Supreme Court can question the law and even possibly change different facets of life affecting the present and future of â€Å"We the people. â€Å"Liberals and Democrats tend to favor judicial activism as it opens new doors to interpretation and experimentation. However, those that favor judicial restraint on the other hand, and thus favor the status quo and the strict construction of the Constitution are conservatives and Republicans. Two landmark Supreme Court decisions that strictly interpreted the Constitution for its literal meaning were Dred Scott v. Sanford and Plessy v. Ferguson. In the Dred Scott case, the Supreme Court ruled that African Americans did not have the right to sue for their freedom, since they were seen strictly by t he law as property and not even citizens of the United States. As well, in Plessy v.Ferguson the Court ruled that segregation of public schools was not unconstitutional, even though African Americans were still seen as equal citizens due to the 14th Amendment to the Constitution (â€Å"separate but equal†). However, this particular case was then overturned by Brown v. Board of Education, Topeka, Kansas in 1954. The Brown decision, unlike that of Plessy v. Fergusion and Dred Scott v. Sanford expressed judicial activism and ruled racial segregation unconstitutional. Many will protest that the people do not elect the Supreme Court Justices and therefore the Supreme Court should not have the power of judicial activism and change the law of the land.However, as one critic points out, â€Å"No institution in a democratic society could become and remain potent unless it could count on a solid block of public opinion that would rally to it's side in a pinch. † However, anticip ating the nominees to the Supreme Court most likely to be forwarded to the US Senate for confirmation by President George Walker Bush, since Bush is a conservative, he is most likely to favor the philosophy of judicial restraint. Clearly, the Supreme Court is ultimately responsible to the will of the people, and the future ramifications of said choices may indeed lean toward judicial restraint more often than judicial activism, thus favoring the status quo and earlier precedents set by previous Supreme Court decisions.By maintaining independence from politics, the Justices avoid the major problems of political parties and party platforms. Furthermore, the Supreme Court's small size allows the Constitution to speak with a unified voice throughout the country. General Development and Environment Context of Bangladesh: Bangladesh with a total area of 147570 sq. km is home to some 140 million people of which 49 percent are women. The country’s network of 230 rivers runs across 24 140 km[21]. Forests comprise 14 percent of the total land area. Eighty percent of the population is rural. One half of the population lives in poverty and one third in extreme poverty.A further 20 percent of the population are tomorrow’s poor; those who will join the ranks of the poor given the current trends of development and ecological degradation. The agrarian economy of Bangladesh accounts for one-third of the GDP and employs two-thirds of the labour force[22]. The fisheries sector employs about 1. 2 million people[23] while the employment in the forests sector is about 2 percent of the total labour force[24]. Fish still remains the major source of proteins for 60 percent Bangladeshis. Life and livelihoods in Bangladesh, especially for the poor, depends deeply on nature. Any undue interference with water, land, forest, fishery and other environmental resources would inevitably impact the lives of the people of whom 47. percent are income poor and 76. 9 percent capability poor[25]. The relationship of the people of Bangladesh with nature cannot be overemphasized and can be stated from the words of the Secretary General of the UN Mr. Kofi Anan. â€Å"The great majority of Bangladeshis live in rural areas, on the frontlines of resources management, natural disaster and environmental awareness. For them the relationship between human beings and the natural world is a daily reality, not an abstract idea. Our biggest challenge in this new century is to take an idea that seems abstract sustainable development and turn it into a daily reality for the entire world’s people. â€Å"[26]Over time, the gradual degradation of resources particularly land, contamination of water, loss of fisheries, traditional species and depletion of forests became visible in Bangladesh with adverse impact on life and livelihood. In the last decade or so, environmentalists in Bangladesh, the state organs and the citizens groups have rightly identified the depletion of en vironmental resources as a major cause of poverty in the country. There are certain environmental concerns and factors that are the result of activities originating beyond the frontiers of Bangladesh. These include legal questions relating to the use of natural resources like the waters of shared rivers, environmental hazards like the frequent floods, droughts and salinity, global warming, climate change and so on.The efficacy of the environmental legal system in certain areas is dependent on attitudes of neighboring countries and so cannot be redressed unilaterally. The Constitution of Bangladesh affirms commitments to international laws and principles, and Bangladesh is a signatory to most major international conventions, treaties, and protocols on environment. Major Environmental Issues Facing Bangladesh:[27] A. Regional/Global: †¢ Ecological changes due to share water disputes †¢ Maritime boundary dispute and a weaker regime on marine resources †¢ Greenhouse effec t and its consequence on Bangladesh, global warming and climate change †¢ Refugees and migration †¢ Ecological effect caused by trans-boundary acts International trade and environmental regimes such as Trade Related Intellectual Property Rights (TRIPs), General Agreement on Tariff and Trade (GATT), World Trade Organization (WTO), Climate Change Protocols, Convention on Biological Diversity and so on. B. National: †¢ Population and poverty †¢ Degradation of resources (inadequate policies) †¢ Conflict of development with environment; illiteracy vs. ignorance †¢ Pollution of water, air and soil †¢ Destruction of mangrove, tree cover and firewood †¢ Loss of fisheries †¢ Unplanned human settlement †¢ Unplanned urbanization and industrialization †¢ Loss of wildlife †¢ Natural hazards (also to include river erosion) †¢ Contamination of ground water Environmental Law in the Legal Regime of Bangladesh: Sources of Environmental Laws:The main sources of environmental law are the Constitution, statutory laws and by-laws, customs, traditional perceptions and practices, international conventions, treaties and protocols. An investigation into the statutory laws prevailing in Bangladesh would reveal that there are about 187 laws that deal with or have relevance to environment. The compartmentalized administration of the statutory enactment would place the laws on environment under several heads. These would include, land use and administration, water resources, fisheries, forestry, energy and mineral resources, pollution and conservation, wildlife and domestic animals, displacement, vulnerable groups, relief and rehabilitation, local government, rural and urban planning and protection.The laws on physical environment do address issues like occupational rights and safety, public safety and dangerous substances, transportation and safety, cultural and natural heritage and so on. The environmental legislation are s ectorally compartmentalized especially the substantive and administrative rules. The procedural rules for the Courts to administer these laws would be derived mostly from the same general codes, e. g. , the Civil Procedure Code, 1908, the Criminal Procedure Code, 1989 and the Evidence Act, 1872. Development of Judicial Activism in the Environmental Regime & the ECA: The law that deals specifically with environment is the Environment Conservation Act (ECA), 1995[28].The Act has come into force since the June 1995 and to some extent has recognized the Rio principles of precaution, polluters’ pay and people’s participation. The ECA has replaced the earlier Environment Pollution Control Ordinance, 1977 and has added new dimension to environment management by making a shift from ‘pollution control’ to ‘environment conservation’. The recent amendment of the Act in 2002 has given the provisions of the law overriding effect over all other laws[29]. Ac cording to section 2(d) of the ECA environment shall include water, air, land and physical properties. The inter relationship among and between these components of environment and human and other living beings, plants and micro-organisms are also included in the broader definition of environment.The ECA has established the Department of Environment (DoE) and has authorized its Director General (DG) to take all such steps as are necessary for the conservation of environment, improvement of environmental standard and control and mitigation of pollution[30]. In line with Section 11 of the Agenda 21 that calls for conservation and management of resources for development, the ECA in Section 5 has authorized the government to declare areas of great ecological importance as Ecologically Critical Area. Such legal authority would allow the government to declare fragile eco systems as critical or protected areas and bring them under special management system. Section 5 of the ECA reads as fol lows: Declaration of Ecologically Critical Area – (1) If the Government is satisfied that due to degradation of environment the eco-system of any area has reached or is threatened to reach a critical state, the Government may, by notification in the official Gazette, declare such area as ecologically critical area. The Government shall specify, in the notification provided in subsection (1) or in any other separate notification, which of the operations or processes shall be carried out or shall not be initiated in the ecologically critical area. † Under Section 5, the Ministry of Environment and Forests (MoEF) has already declared 8 areas including one mother fishery (wetland), fragile coral island, part of world’s largest mangrove forest as ecologically critical areas[31] and has brought them under special protective measures.Such initiative of the Government of Bangladesh strongly supports its commitment expressed under the various CTPs including the Convention in Biological Diversity, 1992 and the Convention on Wetlands of International importance Especially as Waterfowl Habitat, 1971. Most recently, the cabinet on 22 July 2002 has approved the International Convention on Oil Pollution Preparedness Response and Cooperation, 1990 paving the way to protect its territorial water from oil pollution. Section 2(1) of the Act defines ‘wastes’ and authorizes the Government to determine the standard for discharge and emission of waste including radioactive wastes [Section 20(2)(e)]. Hazardous substance has also been defined [Section 2(i)] and the Government has been authorized to lay down rules for environmentally sound management of hazardous substances and toxic wastes.Although the Government is yet to exercise its rule making powers, these legal developments correspond to the accepted framework of Agenda 21 calling for environmentally sound management of hazardous wastes and substances. At the national frontier, the Government in exercise of its powers under the Agricultural Pesticides Ordinance, 1971[32] has banned the import of ten pesticides for their hazardous impact on vegetation human and animal life[33]. Worth mentioning, Bangladesh has ratified the Basel Convention on the Control of Trans-boundary Movements of Hazardous Wastes and their Disposal, 1989. The country has also signed the recently adopted Stockholm Convention on Persistent Organic Pollutant, 2001 on 23 May 2001. Section 12 of the ECA incorporates the precautionary principle by requiring ndustrial unit or projects to be established after obtaining environmental clearance from the DoE. Any violating unit may be shut down by the DG, DoE. The amended ECA[34] empowers the government to ban products that are harmful to environment and the government, with active participation from the people, has been very successful in banning the production, use and sale of polythene products below 20 macron. The most significant advancements after the enactm ent of the ECA have been the setting up of quality standard for air, water, noise and soil and the formulation of environmental guidelines to control and mitigate pollution. The setting up of such standards has been done through the Environment Conservation Rules framed in 1997.The Rules have detailed out the development where environmental impact assessment (EIA) would be necessary. This has made EIA mandatory for specified projects and industries although procedural details of EIA are yet to follow. The Government may think of making the EIA process participatory ensuring access in decision-making process. The ECA has made it an offence to discharge excessive pollutants and causing damage, direct or indirect, to eco-systems. Sections 7 and 9 of the ECA have in effect incorporated the principle of ‘polluters pay’. Under Section 7 the DG shall require any person including companies responsible for pollution to adopt corrective measures and also to pay good the losses ca used by such pollution.In the event of failure by the polluter to prevent emission of excessive discharge the DG shall initiate the needed remedial measures and the expenses incurred shall be recovered from the polluter as public demand[35]. The ECA tends to ensure access to administrative proceedings and also to participation in the decision making process. Section 8 of the ECA allows a person affected or likely to be affected from the pollution or degradation of environment to apply to the DG for remedying the damage or apprehended damage. The DG may adopt any measures including public hearing for setting such grievance. Under the original Act, cognizance of offence by the courts required a written report from the DG. The requirement of report from DG, DoE would have adverse affect on right to justice. Fortunately, the original Act has been amended in a positive fashion.The requirement of written report although still valid, may be relaxed at the discretion of the judiciary if the re appears to be a prima facie case and also failure on part of DoE to take proper initiative. Amended Section 4A of the ECA has required all statutory agencies to render assistance and services to the DG on his request. Violation of the provisions of the Act has been made an offence and may be visited with a penalty of Taka 10 lakh and/or 10 years of imprisonment[36]. The Act has recently been amended to provide for different punishment for violation of different provisions. For proper implementation of the ECA, it has been proposed to set up environmental courts in the six administrative divisions of the country[37].The proposed courts would administer the environmental offences under the ECA and also other laws as may be notified by the Government in official Gazette. This revolutionary step aims at ensuring speedy trial and disposal of environmental cases. The Act provides in details the investigation and trial procedure for the Courts comprising of members of the subordinate ju diciary. Section 9 of the Act empowers the Environmental Courts to use the fine realized as compensation for the people affected by the environmental offence. The judges for two environmental courts have already been appointed and it is expected that the judicial system will start functioning soon. An amendment to the Forest Act, 1927 in 2000[38] has provided scope for public participation in environmental resource management.The newly added section 28A has given express legal recognition to the concept of social forestry and has empowered the government to make rules requiring an ‘agreed upon management plan’ for social forestry programmes. The rules are in the process of finalization. Another significant piece of law enacted in 2000 is the Open Space Protection Act, 2000[39]. With proper implementation of the law, the respective authorities can protect the natural water bodies including the flood plains of the urban areas from filing up for the sake of urbanization an d development. In addition, legal regime on environment contains provisions recognizing customary rights over forest[40], access to open water fisheries[41] and participation in the development process while finalizing water related schemes[42] and master plan for urban areas[43].Legal regime provides punishment against pollution of territorial waters[44] and prohibits pollution of air, water and soil from agricultural, fishery, industry, vehicle and other sources[45]. Environmental resources like forest and fishery have been given special status for protection purposes. Administration of Environmental Justice: The Court Cases: On the fact of activism by the civil society, the judiciary in Bangladesh has started responding to cases seeking environmental justice. Judicial activism contributes to proper implementation of environmental laws and allows the vast majority of the backward section access to the justice system.As a result of progressive interpretation by the judiciary of som e constitutional and legal provisions, ‘public interest litigation’ (PIL) and ‘right to environment’ have received express legal recognition. The cases decided by the judiciary have tended to activate the executive, create wider awareness and affected the value system of the administration and the society. In the cases on environment decided so far by the judiciary, directions have been given to the government agencies to perform their statutory functions. All these decided cases have addressed issues on sustainable development, precautionary principle, participation and access and are rather landmark decisions. With increased number of PILs in Bangladesh, it can now be said that the environmentalists and the civil society places confidence in the judiciary n redressing the grievance of the downtrodden and the deprived. In deciding some of the cases the judiciary has endorsed the innovations that justice require in one recent incident, the High Court even i ntervened and issued suo moto rule to protect a public garden from encroachment. Environmental Nuisance should be Mitigated: Judicial recognition for protection of environment was first recorded by the High Court[46] in a case that challenged nuisance during election campaign. The judiciary disposed of the case on assurance from the Attorney General to take measures against defacing of public and private property in the name of election campaign. Right to Environment:The judiciary, while deciding on a case involving importation of radiated milk[47] attached broader meaning to the constitutional ‘right to life’ and held â€Å"Right to life is not only limited to the protection of life and limbs but extends to the protection of health and strength of the workers, their means of livelihood, enjoyment of pollution-free water and air, bare necessaries of life, facilities for education, development of children, maternity benefit, free movement, maintenance and improvement of public health by creating and sustaining conditions congenial to good health and ensuring quality of life consistent with human dignity. † Access to Justice: Opening up the Horizon of Public Interest Litigation (PIL): In an appeal from the judgment of the High Court Division dismissing a writ by a local environmentalist group on ground of locus standi, the Appellate Division of the Supreme Court of Bangladesh in its historic judgment dated 25 July 1996 granted standing to the ground[48].In allowing the appeal, the judiciary interpreted the constitutional requirement of â€Å"aggrieved† in ways beyond the strict traditional concept. The appeal being allowed is a landmark decision in addressing the constitutional knot and riddle that have been prevailing on the threshold question as to who is an â€Å"aggrieved person† for last twenty four years history of our Constitution. The decision opened up the horizon of PIL in Bangladesh and since then the judiciary has en tertained a good number of cases on environmental grievances. Right to Participation: On application from a local environmental group, the High Court Division (HCD) of the Supreme Court also intervened to judge on the legality of a development project called the Flood Action-Plan-20[49].The petitioner accused the authorities of violating a number of laws that ensure people’s participation in the decision making process, provide for compensating affected people for all sorts of loss and protecting the national heritage. The Court delivered judgment on 28 August 1997 and observed, â€Å"†¦ in implementing the project the respondents (government) cannot with impunity violate the provisions of law†. The Court directed the authorities to execute the work in compliance with the requirements of law that guarantee right to participation and compensations. Suo motu Rule against Grabbing Land of Public Garden: The Court has been active in protecting the environment in speci fic class action, and it has also given rules, suo motu, questioning blatant violations of the state’s obligations to protect and preserve the environment.In one such case, the High Court Division (HCD) issued a suo moto rule when, in violation of an earlier order of the Court to maintain status quo, gunned hoodlums attempted to encroach upon 2. 8 acres land of the only public garden of old Dhaka for construction of hotel therein. Protecting River from Encroachment: On application from an environmentalist group[50] seeking judicial intervention to protect the only river flowing through Dhaka from illegal encroachment, the HCD directed the concerned statutory authorities to submit before the Court an action plan setting out definite time frame and measures to be undertaken for removing the encroachers. Following the petition, the government acted to remove the encroachers and the river now stands free from illegal occupation.Taking from the learning of this case, the governmen t has constituted an inter-ministerial committee to remove illegal occupation from the other rivers of the country. Checking Industrial Pollution: In a recent decision, the HCD gave directions to check indiscriminate pollution of air, water, soil and the environment by 903 industries belonging[51]. These industries were identified polluters by the Ministry of Local Government, Rural Development and Co-operatives (LGRDC). The 14 sectors include Tanneries, Paper and Pulp, Sugar Mills, Distilleries, Iron and Steel, Fertilizer, Insecticide and Pesticide Industries, Chemical Industries, Cement, Pharmaceuticals, Textile, Rubber and Plastic, Tyre and Tube and Jute.An official notification of the government directed the Department of Environment (DoE), the Ministry of Environment and Forests (MoEF) and the Ministry of Industries to ensure within three years that appropriate pollution control measures were undertaken by the identified polluting industries. The Notification also required the said authorities to ensure that no new industry could be set up within pollution fighting devices. When no measure was taken even after the lapse of eight years, the above petition was filed. After a lengthy hearing, the Court directed implementation of the directions given in the notification. To ensure implementation of the Court order, it was required from the respondents to report to the Court after six months by furnishing concerned affidavit showing compliance. The Court held it mperative on the part of the DG, DoE to take penal action against such department or persons responsible for not implementing the ECA, 1995. Vehicular Pollution to be Reduced: The HCD, in a recent decision, gave a comprehensive judgment[52] to fight vehicular pollution at different from. The six directives of the Court required the authorities to – †¢ Phase out all two-stroke vehicles from city streets of the Capital by December 2002 †¢ Convert all petrol and diesel-fuelled government vehicles into Compressed Natural Gas (CNG) powered within six months †¢ Enforce the prohibition on use of pneumatic horns within 30 days †¢ Check fitness of vehicles using computerized system with immediate effect Follow international standard of fuel by reducing or eliminating toxic elements †¢ Set up adequate number of CNG filling stations within six months and ensure that all cars imported since July 2001 is fitted with catalytic converter. This petition also has been kept pending for further monitoring. The other pending cases on environment involves preservation up of lakes, flood flow zones and rivers, encroachment over rivers, violation of construction law, pollution from brick fields, environmental hazards of shrimp cultivation, destruction of hills, gas explosion without environmental impact assessment (EIA), compensation for environmental damages and so on.Judicial Decisions in the Issue of Environment of Bangladesh: The concept of public interest litigation as has emerged into the judicial administration of Bangladesh is yet to mature with the concept of justice guaranteed by the Constitution. This is a crucial concept in a country like ours where 65% of the total populace have no or less access to judiciary although the constitution commits for equality before law, justice, right to life and equal enjoyment of fundamental rights by all citizens. With obvious socio-economic constraints and a long history of feudal past, the realization of legally recognized rights is still subject for movement by various social and pressure groups.In recent time the movement for enjoyment of rights took a new dimension as the potential of judiciary is being increasingly emphasized by the activists and the courts are dealing with cases seeking relief against administrative anarchy and ignorance. It was interesting to note that the concept of PIL is developing in Bangladesh as a performance of public duty by some citizens groups holding or advocating in support of progressive ideologies. Thus in 1994 a petition was first taken before the High Court by a national non-governmental organization called Bangladesh Environmental Lawyers Association (BELA) on behalf of the people of a locality where a disputed development action was being implemented. The petition was at first rejected by the court on the ground of standing of the organization.An appeal was preferred from that rejection where the core question was whether groups like BELA with dedicated and sincere record of activism can claim to have acquired sufficient interest to seek judicial redress against anarchy in its own field of action. The question was vital as it was a constitutional requirement under Article 102 that it is only â€Å"a person aggrieved† who can file petitions for enforcement of fundamental rights. Being responded by the Supreme Court in the positive this became the turning point in the history of PIL in Bangladesh. BELA that led the movement for open ing up the horizon of PIL in Bangladesh has filed the cases noted below: 1. Dr. Mohiuddin Farooque v. Election Commission & others Writ Petition No. 186/1994 (Nuisance during Election Campaign)The first ever-environmental litigation was filed in 1994 in the form of a Writ Petition in the High Court Division of the Supreme Court of Bangladesh by a group of environmental lawyers called the Bangladesh Environmental Lawyers Association (BELA). It was filed against the four authorities of the Government responsible for the enforcement of various civic rights, and accordingly, the respondent was the State. The election of the four Municipal Corporations of the country, held at the beginning of this year, evidenced gross violation of some legal obligations and, consequently, interfered with the various rights of the people. The unlawful activities created by the election campaign resulted in encroaching on public properties, restricting and depriving the rights to life, property, enjoyment of public resources, etc. of the city dwellers.The footpaths and other public places were saturated with election camps; incessant use of loudspeakers and other noisy instruments rendered life miserable; the walls of the four major cities of the country where the elections were being held were all covered with election slogans; unscheduled and unregulated processions created serious traffic jams, and so on. Repeated appeals by the Election Commission for showing respect to the laws of the country were virtually ignored. All this anarchy prompted the institution of a petition where the Hon’ble Court issued rule nisi upon the respondents asking them to show cause as to why they should not be directed to comply with the directive issued by the Election Commissioner touching upon the various acts and laws and rules.The Court also considered the prayer of the petitioner to restrain the Election Commissioner from holding the election till full compliance with the respondents. The rule, however, was disposed of, following assurance from the Attorney General that the Government would take all necessary steps to implement all the directives of the Election Commission. 2. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 891/1994 (Industrial Pollution Case) In 1994 BELA filed this Writ Petition seeking relief against indiscriminate pollution of air, water, soil and the environment by 903 industries of 14 sectors identified as polluters by the Ministry of Local Government, Rural Development and Cooperatives (LGRDC) vide Gazette notification dated 7 August 1986.The 14 sectors include Tanneries, Paper and Pulp, Sugar Mills, Distilleries, Iron and Steel, Fertilizer, Insecticide and Pesticide Industries, Chemical Industries, Cement, Pharmaceuticals, Textile, Rubber and Plastic, Tyre and Tube and Jute. The Notification of 7th August 1986 directed the Department of Environment (DoE), the Ministry of Environment and Forests (MoEF) and the Ministry of Indus tries to ensure within three years that appropriate pollution control measures were undertaken by those industries. The Notification also required the said authorities to ensure that no new industry could be set up without pollution fighting devices. But unfortunately, even after the lapse of eight years when no measure was taken the above Petition was filed.After seven years since the date of filling of the petition on the 15 July of 2001, the court has directed the Directed General, Department of Environment to implement the decision taken with regard to mitigation of pollution by 903 industries identified as polluters within the time frame of six months from the date of the judgment. The Petitioner pleaded that the ecological system of the country more particularly the air and water including the major rivers (Buriganga, Surma, Karnaphuli and so on) are being severely affected by the identified 903 industries and that no affirmative action has been taken in furtherance of the dec isions of the Gazette dated 7th August, 1986.Rather the number of polluting industries has multiplied as the recent list prepared by the DoE shows that the number of polluting industries have risen up to 1176. The Court earlier issued Rule Nisi to the Respondents including the LGRDC, Ministry of Environment and Forest, Ministry of Industries and Department of Environment to show cause as to why they should be directed to implement the decisions of the Government dated 5 June, 1986 which was published in the official Gazette. After hearing the Petitioner, the Rule has been made absolute today and the DG, DoE has been directed to â€Å"Report to this Court after six months by furnishing concerned affidavit showing that compliance of this Order of this Court†. To ensure implementation of the Court irections, the Hon’ble High Court further held that â€Å"It will be imperative on the part of the Director General to take penal action against such department for persons who are responsible for not implementing the letter of the Environment Conservation Act, 1995. † 3. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 300/1995 (Vehicular Pollution Case) This writ petition was filed by BELA seeking appropriate direction upon the Respondents to perform their statutory public duties and functions for controlling environmental pollution created by motor vehicles and to take effective measures to ensure the most appropriate mitigative measures, devices and methods to prevent further aggravation and danger to life and public health.The petition was filed against 13 Respondents, namely, (1) The Secretary, Ministry of Communications; (2) The Chairman, Bangladesh Road Transport Authority; (3) The Secretary, Ministry of Home Affairs; (4) The Commissioner, Dhaka Metropolitan Police; (5) The Secretary, Ministry of Environment and Forest; (6) The Director General, Department of Environment; (7) The Dhaka City Corporation; (8) The Secretary, Mini stry of Health & Family Welfare, (9) The Secretary, Ministry of Commerce, (10) The Secretary, Ministry of Energy and Mineral Resources, (11) Chairman, Bangladesh Petroleum Corporation, (12) The Secretary, Ministry of Industries, and (13) The Bangladesh Standards and Testing Institution. In his submission the petitioner stated that the air pollution from faulty motor vehicles has been universally identified as a major threat to human body and life.Such pollution in Dhaka City is acute and incompatible with the conditions required for the growth of human life and ecology. The lives of the City dwellers and its environment are endangered and the failures of the respondents in the performance of their statutory and public duties are depriving people of their fundamental rights disturbing the public peace creating public annoyance. He submitted that the lead-laced gas emitted because of the use of leaded petroleum were severely affecting the lungs, liver, brain and the nervous system, re sulting to high blood pressure, IQ and memory-retention damage among children and damage to foetuses leading to deformed babies.The high sulphur content in the petroleum, and hence in the smoke, causes severe damage to the ecology. The main thrust of Dr. Farooque's submission was that although the right to a safe and healthy environment has not been directly specified in the Constitution as a fundamental right, such a right is inherent and integrated in the â€Å"right to life† as enshrined in Article 32 of the Constitution. Hence, the right to a sound environment was also a fundamental right under Article 32 being supported by Article 31 that ensures that no action detrimental to life, body, property could be taken. Therefore, the failures of the Respondents in their duties denied the people of their basic fundamental right.Upon hearing the Petition, the Court issued a rule nisi upon the Respondent to show cause as to why they should not be directed to take all adequate and effective measures to check pollution caused due to the emissions of hazardous smokes from the motor vehicles and the use of audible signaling devices giving unduly harsh, shrill, loud or alarming noise. The matter was pending for a long time and after a lapse of 7 years, on the 27th March of 2002 the High Court has directed the government to phase out all two stroke vehicles from City Street by December 2002. The court also directed that all petrol and diesel-fuelled government vehicles have to be converted into Compressed Natural Gas (CNG) powered within six months and pneumatic horns being discarded within 30 days. It asked the Bangladesh Road Transport Authority (BRTA) to check fitness of vehicles, using computerized system with immediate effect.The court also asked the government to ensure international standard of fuel by reducing or eliminating toxic elements. The High Court further directed the government to set up adequate number of CNG filling stations within six months an d to ensure that all cars imported since July 2001 be fitted with catalytic converter. The government was also asked to strictly comply with its decision to ban two stroke vehicles of over nine years old. BELA also prayed for ensuring that the exemption of motor cycles from the requirement of certificate of fitness under the Motor Vehicles Ordinance, 1983 be withdrawn immediately which was also directed by the Court.On behalf of the government BRTA, Dhaka Metropolitan Police, Environment Ministry, Department of Environment, Commerce Ministry and Ministry of energy and mineral resources submitted testimony (affidavit) in opposition before court. The matter is pending for further monitoring. 4. Sharif Nurul Ambia v. Bangladesh & others Writ Petition No. 937/ 1995 (Unlawful Construction) The Petition was filed with legal assistance from Bangladesh Environmental Lawyers Association (BELA) by Mr. Sharif Nurul Ambia, Joint General Secretary of Jatiya Samajtantric Dal (JSD). The Petition w as moved by the Secretary General of BELA, Dr. Mohiuddin Farooque submitting that the DCC has undertaken the construction of the multi-storied building at the site earmarked for public car park in the RAJUK Master Plan unlawfully and without the latter's approval and hence liable to be demolished.It was further submitted that the construction was continuing defying DoE's finding that the said building would create a disruption to the environment of the area and the neighborhood depriving them the right to life, body and healthy environment against hazardous pollution and obstruction to air and light as being endangered by the unauthorized construction by the Respondents. Upon hearing the petitioner, the Court stayed the said construction till disposal of suit. The rule was ultimately disposed of against which an appeal is pending before the Appellate Division. 5. Dr. Mohiuddin Farooque v. Bangladesh and others Civil Appeal No. 24/1995 (Case on Standing) This Appeal arose from the ju dgment of the High Court Division dismissing a writ  Ã‚   stating that BELA had no right to sue on behalf of the people of Tangail where the Flood Action Plan-20 was being implemented. On Appeal, the Appellate Division granted standing to BELA on 25th July 1996.The main thrust of the appeal was to get a judicial verdict as to whether a person or group of persons could be â€Å"aggrieved† in ways beyond the strict traditional concept, which are now emerging in many legal systems, like suits by evidently public-spirited persons or bodies having proven dedication. The appeal being allowed is a landmark decision in addressing the Constitutional knot and riddle that have been prevailing on the threshold question as to who is an â€Å"aggrieved person† for last twenty four years history of our constitution. 6. Dr. Mohiuddin Farooque v. Bangladesh & others (Writ Petition No. 998/94) Sekandar Ali Mondol v. Bangladesh and others (Writ Petition No. 1576/1994)   (Challenging Flood Action Plan-20) In 1994, a Petition was filed by BELA challenging the implementation of Flood Action Plan-20 in Tangail.The Petition, first rejected by Court on the ground of Standing of the Petitioner was subsequently sent for hearing on merit to the High Court after the Appellate Division granted standing (Bangladesh Legal Decisions, (BLD) 1997 Appellate Division (AD), pg. 1). In the petition, the authorities were accused of violating a number of laws that provide for compensating affected people for all sorts of loss and protecting the national heritage. The Court delivered Judgment on 28 August ’97 and observed that â€Å"†¦ in implementing the project the respondents cannot with impunity violate the provisions of law. We are of the view that the FAP-20 project work should be executed in complying with the requirements of law. † 7. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 948/1997 (Uttara Lake Fill-up)A division Bench of the High C ourt Division issued an injunction of the filling up of Uttara Lake for housing purposes. The injunction was issued on an application of Dr. Mohiuddin Farooque, Secretary General, BELA upon the Secretary, Ministry of Housing and Public Works, Chairman, Rajdhani Unnayan Kartripakhya (RAJUK) and DG, DoE. The petition was filed on an appeal from the local residents of Uttara, who accused RAJUK of creating an environmental hazard in the area by filling up part of the lake in violation of the original Master Plan of Uttara. The injunction would remain effective till disposal of the case. Upon final hearing of the petition the Hon’ble Court on presided over Mr. Justice Md. Imman Ali and Mr.Justice Shamin Hasnain on 17 February, 2004 discharged the rule without any order as to cost. After gating aforesaid judgement BELA filed Civil Miscellaneous Petition 84 of 2004 and Civil Petition for Leave to Appeal 564 of 2004 before the appellate division upon hearing the petitioner the Honâ⠂¬â„¢ble Appellate Division granted prayer Leave. Pending hearing of the rule, parties are directed to maintain status quo. 8. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 1252/1997 (Unregulated Operation of Brick Field) The indiscriminate operation of 19 brickfields in Senbag of Noakhali District in violation of applicable legal provisions and circular was brought to the notice of the High Court through the above petition.The petition filed by BELA on behalf of a local group called Senbag Thana Pollution Free Environment Committee accused the local administration for being indifferent towards the environmental havoc created by the brick furnaces. The management of the brickfields were not conducting their business with due regard to the legal provisions mandating in favour of sound environment and health state. Moreover, leasing agricultural land to brick fields in violation of existing land management laws and manual resulted in a tremendous pressure on the avai lable stock of agriculture land, as after a given period the lands do not remain fit for agricultural purposes.Upon hearing the petitioner BELA, the Court issued a Rule Nisi calling upon Secretary, Ministry of Land, Deputy Commissioner, Noakhali and DG, DoE to show cause â€Å"as to why the issuance and renewal of licenses permitting operations of 19 brick manufacturing kilns in the Senbag Thana under Noakhali District causing threat to the natural environment and health of the neighbouring residents of the area should not be declared to have been done without any lawful authority and be directed to implement the circular. † The matter is now pending for hearing. 9. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 6020/1997 (Hill Cutting Case)The indiscriminate, unlawful and unauthorized cutting and rising of hills within the Chittagong City Corporation and its adjoining areas was brought to judicial notice by BELA through the above petition. The Court on heari ng the petitioner, Dr. Mohiuddin Farooque, directed the DG, DoE to submit a report on alleged illegal and indiscriminate cutting of hills, contributing to ecological imbalance and degradation of environment of the city. The Court further ordered that the report should contain the measures taken by the Government to prevent such illegal activities. Subsequent application has been filed under the petition. The matter is now pending for hearing. 10. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 6105/1997 (Gas Explosion at Magurchara)The above petition was against the Secretary, Ministry of Energy and Mineral Resources, Chairman, Bangladesh Oil, Gas and Mineral Development Corporation (PETROBANGLA), DG, DoE and Occidental of Bangladesh Limited for their negligence in preventing the fire that engulfed the Magurchhara Gas Field and the adjoining areas, while the Occidental of Bangladesh Ltd. , a reputed foreign oil company, was carrying on with their regular excavation. The statutory authorities permitted such risky operation without proper EIA, as required by the ECA. BELA, the petitioner, also blamed the respondents for failing to combat the after effects of the fire, as reports suggest that it took quite a long time before normal life was restored in the affected areas. A show cause notice was issued upon the respondents to clarify their own position. With the filing of subsequent petition the petition is pending for hearing. 11. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 7422/1997 (Gulshan Lake Fill-up)A division bench of the High Court Division issued a Rule in a petition filed in 1997 against implementation of an agreement called the â€Å"Banani, Gulshan, Baridhara Lake Development Project Agreement† signed between RAJUK and Indus Valley Investment Pvt. Ltd. to undertake a huge construction in the said areas, defying and violating the constitutional and legal requirements. The Court directed them to show cause as to why â€Å"the agreement and the subsequent agreements to lease out a total area of 220 acres of public land should not be declared to have been entered/undertaken without lawful authority in violation of law and the constitution against public interest and as such be declared null and void and of no legal effect. † The Government subsequently cancelled the project. 12. Nijera Kori v. Bangladesh & others Writ Petition No. 1162/1998 (Allotment of Land for Shrimp Cultivation)The petition was filed against allotment of Government owned Khas Land to Shrimp Cultivators in Sudharam, P. S. of Noakhali District in contravention of the provision of the Land Management Manual, 1991 and Articles 15, 19, 31 and 32 of the Constitution depriving thereby the landless people. The Court on two occasions restrained the respondents from disturbing the peaceful possession of the landless families. The matter is now pending for hearing. 13. Bangladesh Environmental Lawyers Association (BELA) v. Bangladesh and others Writ Petition No. 2482/1999 (Gulshan Lake) The unlawful filling up of Gulshan, Banani, Baridhara Lake for creating housing plots was challenged by another writ petition No. 482 of 1998 filed by BELA. Following the Petition a division bench of the High Court directed RAJUK to take measures for suspending all construction and/ or filling up of the water body and lakeside areas of Gulshan, Banani and Baridhara Model Towns in specific areas. The Court also issued a rule nisi upon the Ministry of Works and RAJUK to show cause as to why the allotment of on the lake water lake-side area in Gulshan, Banani, Baridhara Town shall not be declared to have been undertaken in violation of the Town Improvement Act, 1953, against public interest and why they should not be directed to restore public property in a manner best suited to public interest.The Court further directed RAJUK to prepare and submit before it a detailed and complete statement regarding allotment of plots and filling up of the lake water and/or lakeside area in violation of the approved Master and Lay Out plan rendering thereby water bodies of the Lake into private properties along with list of names and address of persons in whose favor such allotment have been made and those encroachment upon the lake water and or lakeside. The matter is pending for hearing. 14. Biplob Kumar Roy v. Bangladesh and others Writ Petition No. 1840 of 1999 (Nabaganga River) A Rule Nisi was issued upon the Deputy Commissioner, Narail District for unlawfully leasing out part of the River Nabogonga having its flow through Rajpur to Jaipur Ghat. The rule came as a result of the Petition No. 840 of 1999 filed by BELA and one member of the l