the primary language of the designated Essay Example

the primary language of the designated Essay The Primary Language of the Designated Name: Institution: Date: We will write a custom essay sample on the primary language of the designated specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on the primary language of the designated specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on the primary language of the designated specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The Primary Language of the Designated Part A Summary of the Country and its Language Mexico borders the US on the north, the Pacific Ocean on the west and south, the Caribbean Sea on the southeast, and the Gulf of Mexico on the east. It is one of the most populous countries in the world, with an estimated population of 112,975,406. About 78% of the population lives in urban areas. The main cities in the country include Mexico City, which is the capital and which has a population of more than nineteen million people, Guadalajara, Monterrey, Puebla, and Tijuana. Mexico was one of the countries colonized by Spain in the sixteenth century. The colonization by Spain had a tremendous effect in the country’s language. The main ethnic group in the country is the Mestizo, making up 60% of the population. The mestizos are Amerindian, Spanish populations. The main language spoken in the country is Spanish, which is spoken by more than 90% of the population, making it the largest country in the world where Spanish is spoken. There are other indigenous languages such as Na huati and Mayan, spoken in different parts of the country (CIA, 2012). Mexico regained her independence from Spain in the nineteenth century. By this time, Spain had a major influence in the culture and language of Mexico. Development of the Spanish language in Spain and Mexico was different, and there are some differences in both verbal and written Spanish, between the Spanish spoken in Spain and the Mexican Spanish. Mexican Spanish has influences from the indigenous languages and the US English in addition, Mexicans use some Spanish words, which are considered outdated by European Spanish. These elements influence the differences between Mexican Spanish and European Spanish. Description of Ferraro’s Model of High Context and Low Context Language The context in the area of communication matters depending on whether a particular region is high context or low context. High context languages are implicit, and many words are unspoken. Verbal messages do not make a lot of meaning in the absence of non-verbal messages, because of the importance assigned to the environment or the context when a person is speaking. People will tend to associate the words they use with different elements such as religion, culture, history, relationships, and status. There is a lot of indirect communication from people using high context languages. The language lies more towards building relationships, rather than doing business and fulfilling the immediate agenda. This is unlike the low context languages, which are explicit and nothing is hidden. The low context languages assign meaning to every word. People speaking these languages mean what they say. They will have many words to describe what they want in definite terms. Thus, a person using a low c ontext language will tend to use more words to describe an event or situation than a person using high context language will. Assessment of the Language in Terms of the Model Mexico is a high context culture and the language spoken is high culture. The people complement their verbal communication with non-verbal communication to make their meaning clear. The importance of forming relationships, even in business settings, means that people avoid using words such as ‘no’ and other negatives directly because they are considered rude. When a person is not interested in an offer, he or she tries to look for the right words to use. Moreover, Mexicans tend to avoid being direct on issues, and a direct answer is not warranted. Although the Spanish spoken in Mexico is a high context language, it tends to use more words than the English language. This is because of several reasons such as the need for the person to express himself emotionally and deeply in an attempt to create more meaning, the use of gendered language, and the fact that the language is not easy to adapt (Devlyn Moulton, 2010). Conclusion and Discussion on Factors for the Conclusion Mexican language exhibits both elements present in both high and low context languages. However, the language is more of a high context language, because the Mexicans have high context cultures. They are expressive and emotional, and they do this in a bid to form and maintain relationships. However, their need for expression leads them to use many words, a factor that is more common among low context languages. . Part B Social Habits and Behaviors The urban population in Mexico has become increasingly westernized. This population uses Spanish as well as English when communicating. Most of the people will combine the two languages when speaking. However, they continue to retain elements of their culture, which are not familiar or readily accepted in America. For instance, the idea of closeness is important to them. Mexicans are not as individualistic as Americans are, and they do not have the concept of personal space. It is common to see two men talking together when they are in proximity. Non-Verbal Communications and Factors Identified Non-verbal communication comprises a major part of the communication process, yet many people hardly pay any attention to it. People use non-verbal communication to emphasize a point, show their lack of understanding or agree with the person, and as a means of substituting for words. In some cases, non-verbal communication indicates the power that a person holds. For instance, people in authority will look at their subordinates directly when speaking to them. A subordinate may find it hard to look at his or her employer directly. People communicate in different ways using non-verbal expressions. This happens in the gestures they make, in their body postures, in their proximity towards the person they are communicating with, the expression in their eyes, and in their facial expressions. People are able to gauge the other person’s degree of interest in what they are saying by observing their body posture and facial expression. Some of the gestures are common across many cultures , but others tend to have entirely different meanings. It is essential to understand the meaning of different gestures and other non-verbal communication to avoid miscommunication (West Turner, 2010). Mexicans make use of non-verbal communication such as gestures, eye contact, and facial expression. Cultural Traits regarding use of Gestures, Touching, and Eye Contact Mexicans avoid looking at each other directly when they are communicating. This shows a sign of aggression and confrontation depending on the context. It can also be a sign of flirting, especially if done by a member of the opposite sex. Mexicans will avoid direct eye contact as a sign of respect. Many Americans maintain eye contact when communicating, as a way of showing interest and understanding. Power distance is a crucial factor when communicating. Mexicans tend to have a shorter power distance compared to Americans. They stand closer to each other when communicating. When Americans fail to understand this, they might take it to mean that the Mexicans do not respect their personal space. Touching is widely accepted in Mexico. People use touch as a sign of welcome, whether it is through an embrace or a pat on the back. However, the urban population has become more aware of the differences in other cultures, and it is common to see people in professional settings shake their hands instead of embracing (Centre for Intercultural Learning, 2009). Summary and Recommendation It is essential to understand the various cultural elements and meaning behind non-verbal communications in different cultures. This will help a person avoid embarrassing situations and communicate more effectively. Moreover, it is vital to interpret non-verbal communication in the context of verbal communication to enhance understanding (West Turner, 2010).

ruling ideologies essays

ruling ideologies essays Take-Home Exam November 16, 1999 The ruling ideology dealing with welfare is a negative view among the majority of Americans. It states that welfare recipients are lazy people who have lots of children and collect checks for a long period of time. This statement is believed mostly among higher-class people because they feel that if they can work hard for their money, welfare recipients can do the same, and not live off other peoples money. Charles Murray supports the statement welfare policies encourage poor women to have more children in one of his books, but is proven wrong by careful studies and demographics. It has been studied that welfare has almost no effect on bearing children. These studies show that younger women are more likely to be poor and their poverty makes their children poor. American adults by far are more unequal in wealth and income than any other industrial society as well as the declining incomes of young men since the mid-1970s. Many young men cannot afford to keep their children out of poverty or decide not to the handle the duties or responsibilities of marriage, leaving young mothers and children even poorer, leading them to depend on welfare. According to a New York Times article dated 2/29/92, there are fewer children receiving assistance from welfare and are not just being lazy but and collecting checks, but actually getting off welfare. This ruling ideology that most of the American society supports leads to the lack of wide political support and budget-cutting of means-tested programs. These mean-tested programs are available only to those people who can prove that they are poor. Only Social Security and Medicare, both Universal programs, have largely survived cutbacks in recent years because it is widely accepted throughout the American society. The reason it is accepted in the American society is that everybody contri ...

Cellular Respiration and Photosynthesis

Photosynthesis is the process by which plants, some bacteria, and some protistans use the energy from sunlight to produce sugar, which cellular respiration converts into ATP, the fuel used by all living things. The conversion of unusable sunlight energy into usable chemical energy, is associated with the actions of the green pigment chlorophyll. Most of the time, the photosynthetic process uses water and releases the oxygen. Cellular respiration allows organisms to use (release) in the chemical bonds of glucose(C6H12O6). The energy in glucose is used to produce ATP. Cells use ATP to supply their energy needs. Cellular respiration is therefore a process in which the energy in glucose is transferred to ATP. In respiration, glucose is transferred to ATP. Oxidized and thus releases energy. Oxygen is reduced to form water. In Photosynthesis, plants use the suns energy as light to transform carbon dioxide and water into glucose. In cellular respiration, glucose is ultimately broken down to yield carbon dioxide and water, and the energy from this process is stored as ATP molecules. The equation for photosynthesis is: 6CO2 + 6H2O + energy 6O2 + C6H12O6 and cellular respiration is: 6O2 + C6H12O6 6H2O + 6CO2 + energy The reactants in the photosynthesis process stay on the left, they are 6 molecules of water (H2O) and 6 molecules of carbon dioxide. The products are 6 molecules of Oxygen and glucose. In the cellular respiration the reactants are 6 molecules of Oxygen and glucose, and the products are 6 molecules of water + 6 molecules of carbon dioxide. As we can see the cellular respiration is the opposite equation of the photosynthesis. All life depends on these reactions because we need oxygen, and this oxygen comes from the plants that releases it from photosynthesis. And we all need energy to function. We get this energy from the foods we eat. The most efficient way for cells to harvest energy stored in food is through cellular respiration.

International Finance Transactions Essay Example | Topics and Well Written Essays - 4500 words

International Finance Transactions - Essay Example In most cases, most international financial borrowing involves syndicated loan agreements due to the large sums of money involved. In addition, most borrowing is often for financing most international projects. These agreements varies from region to region for instance, syndicated loan agreements carried out in Europe are not similar to those carried out in America. Another aspect of syndicated loan agreements is that they have developed from the traditional way to a more sophisticated method, rendering them fast and more efficient. Syndicated loan participation agreements also offer various advantages to the lending bank as well as to the borrowers. These advantages are in the form of rapid financing of international projects, cost reduction as well as efficiency. In addition, there are three major legal and practical methods of loan transfer in relation to syndicated participation agreements. These methods include assignment, novation and sub-participation. These three major method s present various advantages and disadvantages and occur in various forms. The Assignment involves the transfer of rights or benefits from one party to another. The major transactions involving the assignment are mortgages and deed trusts. ... In this case, the method involves several legal aspects and features as in syndicated loans it is often not possible to obtain approval from all the participants of the contract. The paper will discuss the concepts of syndicated loans agreements and international finance transactions. It will also analyse in depth these loan transfer methods. It will discuss their availability and occurrence as well as their advantages and disadvantages. It will also evaluate their effectiveness and the parties involved in such transactions. International Finance Transactions The integration of the three main financial service areas – that is insurance, security and banking occurred in the 80s due to the liberalization trend of financial supervision and the heating-up competition in finance industry. However, the integration threatens the banking business since the banking industry experiences huge challenges despite owning the main position in financial structure. In addition, there is regula tion of the average rate of interests for commercial banks’ deposits and loans in nearly all the countries. Consequently, there is a reduced margin between banks’ liabilities and assets leading to intense competition among banks. Due to this, the banks can only create more chances for reducing costs, increase profits and upgrade their competence by provision of a bridge hence the securitization trends1. There are many participants in international projects with each participant bringing into the project what other participants are lacking for example technical ability, procurement of supplies, financing ability, human resources, political authority, etc. In addition, due to the complex nature of project

Corporate governance and social responsibility investment Essay

Corporate governance and social responsibility investment - Essay Example It is conceivably foreseeable that crises lead to calls for improved regulation of business actors, such as the debate over the world economic predicament. Nevertheless, such methodical crises are unusual. On the other hand, company failure following a wrongdoing is a more frequent occurrence. For illustration, Maxwell and BCCI in the UK, WorldCom and Enron in the United States and Bayerische Hypo- und Vereinsbank of Germany are examples of corporations that have collapsed as a result of wrongdoing. Such corporate scandals have resulted in the establishment and improvement of company governance codes, which are put in place to monitor corporate conduct generally, and act of corporate directors in specificity (London stock exchange, 2012). The codes are either wholly voluntary such as the financial reporting council of 2008 in the United Kingdom, or a mixture of legal and voluntary elements like the 2008 German code. As thus, they may be taken as apparatus of flexible law or a mixture of soft and inflexible law. Within the code elements, individual rules might be flexible or rigid. Advocates of flexible law of explanation assert that it has fundamental flexibility, which is not present in rigid laws and the aspiration to conform to societal norms yields indisputable observance. Flexible laws are the rules of conduct that have no lawful obligatory force, which may have practical upshots. Though corporations and their directors may opt to conform or not match flexible law, a generally held supposition is that actions are more likely to be consistent with codified regulation and declarations of best practice. Since flexible law is not lawfully obligatory, its execution has to solely rest on the goodwill of those agreeing to and affected by it. Apparently, where such goodwill is not present, flexible law may result in flexible observance. Where benevolence and the aspiration to conform subsist, conformance may not be the most practicable alternative for corporations and their directors. They may set out that the doctrine supporting a specific regulation on bets practice will be best served by non-conforming. In addition, they might be safeguarded from conforming for reasons beyond their control (The European voice of directors, 2012; Australian council of super investors, 2010). The use of prudence to establish conformance or non-conformance may be helpful to both regulators and the regulatees. Comply or explain may assume several forms. Compliance means severe observance to every detail of the rule or to the primary rule, or both. Germany advocates the formation of an audit committee to act as the oversight of the entire audit process in a large company. Non conformance is commonly warranted by the resort to firm-or industry level specifics, or against the judgment of definite code terms. The flexibility of the laws, that is, â€Å"explain† might lead to corporate scandal and eventual collapse. For illustration, the yearly report by th e Hypoereinsbank (Germany) vindicated its non-conformance (explain) with the certain rules necessitating that directors’ and officers’ responsibility insurance has a deductible with the plain statement: â€Å"responsible act is an understood obligations of the members, no deductible is needed for that. In the same

Example of a Speech Outline Essay Example for Free

Example of a Speech Outline Essay Specific Purpose: To inform my audience about the decreasing number of whales and the reasons why they are hunted down. Central Idea: Whales are declining in numbers as there are commercial reasons that explain why they are hunted down: their blubber, meat and bones. Introduction I. ‘Whale Wars’. A. Ever heard of it? B. If you haven’t, it is a documentary about a group of very brave and concerned conservationists called ‘The Sea Shepherd’ who literally have wars with a Japanese whaling ship. C. But why do they do it? Why do they put themselves in danger to fight against a gigantic ship equipped with harpoons when all they have are gas grenades? II. Their concern is towards the killing of whales at a large scale by the Japanese ship called ‘Nishin-Maru’. A. The Japanese managed to win votes at the 2006 IWC conference declaring the Moratorium on Commercial Whaling unnecessary and blamed the whales for depleting fish stock. B. Following their win, they have expanded their whaling efforts to kill in the Atlantic, doubling their normal kills. III. From the opportunity that I have gained by watching this documentary and little research that I have done, I was able to see clearly how much damage that we humans have caused. IV. Today, I would like for all of you to say the same once you have seen the numbers of whales that are declining and why they are hunted down. (Transition: I would like to begin with the downfall of these mighty giants) Body I. Whales continue to decline in numbers and there are reasons why they are hunted down. A. The Japanese exploits a loophole in the International Whaling Commission (IWC) 1. Despite the banning whaling, they have killed more than 17,000 whales for their so called ‘scientific research’. a. What were once 220,000 of them, the number of Blue Whales has now been reduced to only 3000 worldwide. b. The common species of Minke Whales being the smallest of all kind were targeted only after the larger species became rare are estimated about 250,000 left worldwide despite Japanese claims of close to a million. B. Whales continue to be killed largely for their blubber, meat and bones to satisfy human desires. 1. This includes whale oil, which is obtained from the blubber used as a cheap illuminate, giving off a strong odour when burnt and was therefore replaced with cheaper, efficient kerosene. a. However, whale oil is still extracted by the Intuits’ of North America as they are granted special whaling rights by IWC. b. Whale oil is also used to make margarine and in cars as an automatic transmission fluid until it was banned by Endangered Species Act. 2. Whale meat is also sold in many 1st class Japanese Restaurants for top dollar as it is said to be exclusive. a. However, research has shown that 75% of Japan’s whale meat goes unsold. b. A newspaper poll found that only 4% of Japanese regularly eat whale meat. 3. The bones of whales are also used to make various types of clothing including women’s corset and other type of items such as umbrellas and fishing rods which are all made from the plates of Baleen Whales. Conclusion I. I sincerely hope that you understand the damage that we humans can and have caused. II. Needless to say, the number of whales are rapidly decreasing and now you know why, shall we not make an effort in saving these creatures? III. That’s all from me, thank you.

Common Sense and Conflict Essay -- Walt Disney Company Michael Eisner

Common Sense and Conflict Michael Eisner is an American entertainment executive, whose leadership in the 1980s and 1990s revitalized the Walt Disney Company. Born in New York City, Eisner was educated at Denison University, where he studied literature and theater. After graduating in 1964, he worked for six weeks as a clerk at NBC and then briefly in the programming department at CBS. His career crystallized at ABC, which he joined as a programming assistant in 1966 and where he spent the next ten years, ultimately becoming senior vice president of prime-time production and development. Eisner's rise through the corporate ranks was paralleled by ABC's leap from third place to first place in the network viewing ratings. In 1976 he was named president and CEO of Paramount Pictures. During his eight-year tenure the motion-picture studio moved from last place to first place among the six major studios. In 1984 Eisner left Paramount to become chairman and chief executive of Walt Disney Productions (renamed the W alt Disney Company in 1986). Eisner admired Walt Disney and was especially interested in children's programming and family entertainment. The company's success included several feature-length animated films in the Disney tradition. Michael Eisner was an optimistic person and he was well known for being a genius in creativity. He has made Disney a company that is built on a strong combination of institutionalized creativeness that constantly produces potent ideas, and also having common sense. One question that we must ask ourselves is how does Michael Eisner have such good leadership. Well as he describes in his interview, he says that being a leader requires 4 main parts: being an example, being there, being a nudge and finally being an idea generator. There are many things that I agree upon in Michael Eisner’s way of having leadership in a company. One thing that I strongly agree on is that he has situated his company in being an â€Å"idea generator†, which to me is so powerful in a company. When setting your company to be an â€Å"idea generator†, you must have a loose environment so people are not afraid to speak their thoughts and ideas. He strongly encourages this type of behavior within his company. From seeing this way of leadership also shows me that the culture at Walt Disney is fun oriented, exciting and loose. Having this type o... ...hat is spread out across the top and not just the very top. Eisner says that he focuses on the 40 people that he interacts with everyday. That is good because it shows to those people that you truly care about them and they feel wanted. The other leaders in the organization focus on other groups of people. Disney’s management teams are always moving around the entire world but they stay focused on what is most important to them. Eisner says that he wishes that he could be there for every signal person in his organization whenever someone needed help. But unfortunately, that can’t happen but that just goes to show you how committed Michael Eisner is and also why he is so powerful as a leader. To me, being a nudge in an organization can be an ok thing, but at the same time it is very disturbing to employees. Eisner feels that being a nudge constantly reminds people of their ideas and what they need to do. That is true but the way he inputs it into the organization can be very frustrating to others. Eisner says that he does not keep many notes, which he should because that way you know at all times what needs to be done today and also what may need to be done in a week.

Anlysing of Tv Commercial

The Selected TV Commercial We have selected a television advertisment of bKash, a Brack bank company, for our given assignment. bKash is a service providing company newly launched in Bangladesh which mission is to provide financial services allowing people of Bangladesh to safely send and receive money via mobile devices that are convenient, affordable and reliable. The TV commercial in details: Here on the add Sokhina is the main actress who is a garments worker and uses bKash regularly to send money home to her family.She narrates how bKash has made her life so much easier, and how it is transforming the lives of everyone around her too. How the other people are being benefitted by bKash according to this advertisement are describing below. Her neighbor Milon is a driver who used to receive his salary in cash. Milon is happy because bKash is a better means to keep his money safe as he does not have a bank account. He does not need to cash out the whole amount at a time. Ronnie is t he son of the Chairman of Sokhina’s village who is a university student and lives on campus away from home.He needs to pay his tuition fee urgently and calls his father to send him the money through bKash. He also assured his father not to be worried to lose the money as only he knows the pin code to make the money cash. Soo it is secure even the cell phone is lost. Again her madam Nina buys some groceries from a nearby superstore and happily pays with bKash at the store. Nina likes paying with bKash as it is simple, convenient and she no longer needs to carry cash. According to the TV commercial at present sending or receiving money using bKash is only possible under Grameen Phone and Robi network throughout the country.WEB link: http://www. bkash. com/video/something-everyone If facing any problem please visit http://www. facebook. com/Zelius. Miraz? fref=ts TARGET MARKET ANLYSIS Consumer markets can be segmented on the following customer characteristics. * Geographic * Dem ographic * Psychographic Geographic Target Market: If we consider about the geographical target market for bKash on the basis of the advertisement then it would be the whole Bangladesh where the network of GP and Robi is available as it talks about sending and receiving money from one end to another.Demographic Target Market: Age: People of ages 18 to 50. On the add we have seen that Ronnie, a university student, needs to use bKash for the payment of his tuition fees again on the other hand Sokhina sends money to her parents through bKash. So all of them are the target market of bkash. Gender: Both male and female. Income: People who earn money and do not both are the target market of bkash as it is providing one type of banking service. Occupation: Service Holder, Driver, Students, Housewife, Farmers, Businessman etc. ccording to the advertisement only. Psychographic Target Market: Social Class: Lower, middle and upper. Attitude and beliefs: Security conscious. Behavioral Target Ma rket: Benefits sought: Sokhina the garment worker describes about the benefits of bKash. User status: Potential and regular. OBJECTIVE OF THE ADVERTISEMENT The main objective of the advertisement is to attract the people of all sectors especially including garments workers, other lower earning people, students and housewives to use the financial service of bKash. CONSUMER BEHAVIOR

Consitutional issue in Brandy V HREOC Essay

The case Brandy V Human Rights and Equal Opportunity Commission challenges the constitutional validity of the scheme for the enforcement of Human Rights and Equal Opportunity Commission (HREOC) determination under the Racial Discrimination Act 1975 (Cth). The High Court of Australia had decided that since HREOC was not constituted as a court according to Chapter III of the Constitution, and therefore was not able to exercise judicial power of commonwealth and enforce any subsequent decisions. The Constitution is divided into separate chapters dealing separately with the parliament, executive and the Judicature. The â€Å"pure† doctrine of separation of powers prescribes that the functions of the three arms of government be clearly and institutionally separated . It is important to note that Australia does not have a pure separation of power because we inherited the British Westminster tradition. For example, Chapter I legislative parliament and Chapter II executive are seemingly two independent arms of Constitution, but in practice, this distinction between the executive and legislature is blurred, such that the Commonwealth Ministers are simultaneously members of the executive and the legislature, as it is required by s 64 of the Commonwealth Constitution. However, there is a rigid separation of power in Judicature as described by Chapter III of the Constitution, this characteristic is evident in Brandy V HREOC. The decision made by High Court invalidated the enfo rcement mechanism for decisions of HREOC on the grounds that it infringed the doctrine of separation of powers. This is also evident in the Boilermaker’s case3 whereby the High Court argued the relevant legislation was impermissible under the separation of judicial power principle. The High Court determines the Constitutional issue as the judges seeks to define â€Å"judicial power†. Though the nature and scope of federal judicial power was not exhaustively defined, but High Court concluded only those courts under Chapter III of the Constitution can exercise federal judicial power, however HREOC is not a Chapter III court, so it could not exercise judicial power of Commonwealth. More specifically, High Court held that ss 25ZAA, 25ZAB and 25ZAC of the Racial Discriminate Act 1975 (CTH) governing the registration and enforcement of HREOC determinations were invalid  because those provisions had the effect of making HREOC determination binding and conclusive â€Å"as if it was an order made by the Federal Court†4. A judicial order made by the federal Court takes effect as an exercise of Commonwealth Judicial power, but a determination by the HREOC is neither made nor registered in the exercise of judicial power. On this basis, the High Court held t he relevant provisions of the amended Racial Discrimination Act 1975 (CTH) invalid, as it contravenes Chapter III of the Constitution. The High Court’s decision did not address the subject matter of the case, the human rights issue was not even mentioned throughout the reasoning of the judgements. Personally, I believe the decision is technically fair as it is based on the separation of power, but its lack of consideration in human rights issue resulted the victim suffering the consequence of racial abuse without any legal action being acted upon because it could not be enforced by HREOC. So the question remains, can the separation of power really act as safeguard to individual rights or is it merely legal fiction? Apart from resolving the Constitutional issue and finalized the dispute. The decision made by High Court also invalidated the amendments of Racial Discrimination Act 1975 (Cth), which means from the day High Court passed on the final decision, HREOC, and other similar commissions including the Industrial Relations Commission and the Australian Broadcasting Authority could not make any determination and enforce any judicial decisions by registering their determination in the Federal Court5. Ironically, the contemporary notion ‘access to justice’ seems to be ignored as the doctrine of separation of power is highlighted. The amendments was made to create efficiency and accessibility of the administration of justice in human rights, so that the public can claim their human rights without going to the court, which is usually rather costly, overly formal, often intimidating6. As the invalidation of amendments takes place, previous costly and problematic enforcement procedures of the Commission returns, the restatement of the importance of the constitutional doctrine of separation of powers and uncertainty in the protection of human rights also are evident7. It is almost rhetorical what role does HREOC provide to the public in terms of claiming their human rights since the invalidation of  amendments? This question illustrates the tension created between the courts that are vested with judicial power and commissions as a result of High Court’s decision. The inconsistency between Commonwealth legislation and the commission which is appointed under Commonwealth legislation, in which resulted invalidation of the amendments shows the dominance in which the High Court has over the other branches of the government. As stated explicitly in s 109 of the Constitution: â€Å"when a law of a state is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid†8. The concept of parliamentary supremacy and sovereignty is significant in the decision of High Court. It is mentioned briefly above that Australia inherited the Westminster tradition from United Kingdom, as under British Constitutional law, the Parliament has absolute sovereignty and therefore has the power to make or unmake any law. Though this idea of absolute power is less obvious in Australia as we have doctrine of separation of power, but the Brandy case surely highlighted the fact that separation of power in Australian Constitution is not clear and the parliamentary supremacy has the absolute power over other branches of government. Therefore, the High Court relied upon arguments of separation of judicial power in arriving at conclusion, rather than articulating principles relating to those individual rights as justifying those decisions. The decision made by the High Court concerns with constitutional validity rather than the issue of racial discrimination, thus it is fair to say the decision is legally justified but it did not morally justified. This can be explained by the rigid characteristics of western law as discussed by Patrick Parkinson, namely autonomy of law, which is conceptually distinct from custom, morality, religion or politics . This concept is reflected in the Brandy case that High Court adopted legal formalism (an interpretation of legal texts focussing closely on the words, a rule based approach with little or no regard to social, political consideration ) and procedural approach rather than legal instrumentalism (a view that creativity in the  interpretation of legal texts is justified in order to assure that the law serves good public policy and social interests ) and substantive approach. The High Court seeks to achieve justice by consistently applying rules and procedures that shape a fair, consistent and predictable legal system and constrains government arbitrariness. It does not concern whether the end result will be substantive, as such it satisfies ethical, emotional or political factors. This notion of justice is more concerned with process and procedure than the result. As Selznick says, â€Å"legality has to do mainly with how policies and rules are made and applied rather than with their contents â€Å". As a result, High Court held that the enforcement of determinations administered by HREOC was invalid based on the technical ground of separation of judicial power, but ignoring the moral issues concerned in the case as they do not promote fairness and consistency. However, the High Court is now shifting to a system where it seeks to balance out the strict legal framework and social interests. In the context of human rights, this shift is reflected in Australian Capital Television V commonwealth13 and Nationwide News Pty Ltd V Wills14, where the High Court implied issues of human rights in contrast with Brandy V HREOC. In conclusion, in the case of Brandy V HREOC, from a constitutional law perspective, the decision made by the High Court consolidated the separation of power and the exercise of judicial power. However, it is obvious that the rigid characteristics of traditional western law have contributed towards the inefficiencies to the guarantees of human rights issue. Bibliography: Dicey, A. V. Introduction to the Study of the Law of the Constitution. Indianapolis: Liberty Fund, 1982 Dr Imtiaz Omar, Individual Rights and Judicial Power: the underlying equation (1995) Australasian Law Teachers Associations Catriona Cook et al, Laying Down the law (6th edition, 2002) LLB100 Supplementary Reading, University of Wollongong Imtiaz Omar, â€Å"Darkness On the Edge of Town: The High Court And Human Rights in the Brandy case† (1995) 2 Australia Journal of Human Rights Patrick Gunnings, â€Å"Chapter III courts: Evolution of Australia’s Federal Judiciary† (1995) 6 Public Law Review Alison Gooly, ‘modern framework after Brandy’, (University of Wollongong, 1997) http://www.hreoc.gov.au/racial_discrimination/guide_law/landmark.html

The Linux Operating System essays

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Business Ethics Article Example | Topics and Well Written Essays - 500 words - 1

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Pricing Strategy Research Paper Example | Topics and Well Written Essays - 1250 words

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