The Importance Of Ring Fencing And Loss Absorbency

To establish a more effective and competitive UK banking system, the 2011 report of the Independent Commission on Banking (ICB) has come up with different recommendations, the ICB was chaired by Sir John Vickers, this is why the report is also called the ‘Vickers Report’. These recommendations are mainly based on strengthening the stability of the banking system by a combination of measures on the structure and the ability to absorb losses of the banks. It is suggested that some degree of structural separation between investment banking and retail banking is necessary, not only because it can resolve banks in trouble easier, but also avoiding the banking services affecting by international shocks which is beyond the control of the local authorities. On the other hand, banks with a greater loss absorbing capacity will definitely be helpful in strengthening the stability of the banking system. This paper will be focusing on the proposals for ring-fencing and loss absor bency, explaining what these proposals are about and how can they make changes to the banking system. Then by comparing the differences of ring-fencing from other structural reform, and realizing the effect of the loss-absorbency on the banking system, analysis from different views will be made for drawing up a conclusion on whether these proposals can successfully achieve the ultimate goal, which is creating a legal and more stable basis for UK banking in a long term. The general idea of the proposal

Rights-based struggles - Free Essay Example

Sample details Pages: 14 Words: 4217 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Did you like this example? Rights-based struggles have proved counterproductive in contexts of sexuality. The importance of rights, and more specifically, civil liberties, can be seen as the legal and political expression of our society. Philosophical notions of autonomy, self-fulfilment, and self expression, in terms of sexuality, have made privacy interests relevant to freedom of action and lifestyle, not merely to freedom from interference.[1] This essay focuses on rights and notions of à ¢Ã¢â€š ¬Ã¢â€ž ¢liberty,à ¢Ã¢â€š ¬Ã¢â€ž ¢ in their most general sense, that being, non-interference by others with oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s freedom of choice and action. Don’t waste time! Our writers will create an original "Rights-based struggles" essay for you Create order These notions are linked to autonomy and dignity, but as with sexuality, these notions are not determinative of a personà ¢Ã¢â€š ¬Ã¢â€ž ¢s entitlement to self respect.[2] In order for clashes to be resolved, oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s liberty must be policed by law and social regulation. In this way, oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s physical and moral integrity will be protected. Here, we talk of civil liberties, in the context of sexuality, which defines the relationship between the State and its citizens; freedom against discriminatory treatment. As Feldman maintains, this à ¢Ã¢â€š ¬Ã¢â€ž ¢marks a step beyond simple liberties, which are essentially rights not to be interfered with à ¢Ã¢â€š ¬Ã‚ ¦ Civil liberties impose positive obligations on the State to assist people in protecting or exercising liberties.à ¢Ã¢â€š ¬Ã¢â€ž ¢[3] Human Rights guarantee certain rights to all who find themselves within their jurisdiction, they are the qualities people have intrinsically as human beings.[4] This es say discusses sexual freedom and, in light of various examples, which are non-exhaustive of this wide area of discussion, examines the perception of disapproved acts and the discrimination against people of particular sexual orientation. The discussion of rights, from a jurisprudential perspective, can be divided into the normative and the analytical. Within the normative jurisprudential standpoint comes theories of justice, expounded by the libertarian view and the liberal view. The libertarian view, such as Nozickà ¢Ã¢â€š ¬Ã¢â€ž ¢s, is that manà ¢Ã¢â€š ¬Ã¢â€ž ¢s rights are inviolable.[5] The liberal view espoused by Dworkin starts from the premise of equal concern and respect for individuals, as a fundamental right.[6] Conversely, the value of the analytical approach to rights refers to the clarification of words used in legal relations so that the solutions to legal problems are easier and more certain. Hohfeld saw that the word à ¢Ã¢â€š ¬Ã¢â€ž ¢rightà ¢Ã¢â€š ¬Ã¢â€ž ¢ can encompass the concept of right, of privilege, of power, and of immunity.[7] Within the analytical jurisprudence of rights is also the à ¢Ã¢â€š ¬Ã‹Å"will theory,à ¢Ã¢â€š ¬Ã‹Å" suggested by Hart, versus the à ¢Ã¢â€š ¬Ã‹Å"interest theory,à ¢Ã¢â€š ¬Ã‹Å" suggested by MacCormick.[8] For Hart, rights are legally protected choices and for MacCormick rights protect certain interests. Although, all are significant when discussing rights in the context of sexuality, for the purposes of limitations in word count, the normative jurisprudence approach to rights will form the subject matter of the ensuing debate. The question presupposes the existence of rights and implies the desirability of the protection of rights. It is necessary to consider whether this belief is unchallenged. More specifically, it is necessary to establish in what circumstances, if any, rights can be justifiably overridden. Although there is much disagreement between liberals, all agree fundamentally, that society sho uld provide a framework within which the individual can exercise his or her moral capacity. However, the problem comes when two legitimate rights conflict and a choice has to be made. In jurisprudential terms, this is frequently referred to as rights being à ¢Ã¢â€š ¬Ã‹Å"trumped.à ¢Ã¢â€š ¬Ã‹Å" John Stuart Mill recognised the problem and, within his book, entitled On Liberty, he stated that individual rights should only be trumped when the exercise of them would harm or interfere with the rights of others, but beyond this, there would be no trumping of peopleà ¢Ã¢â€š ¬Ã¢â€ž ¢s rights, as this would reduce the quantum of utility in society.[9] This principle formed the foundation of two important official reports: the Report of the Committee on Homosexual Offences and Prostitution (the Wolfenden Report)[10] and the Report of the Committee on Obscenity and Film Censorship (The Williams Committee Report).[11] However, it has emerged through differing philosopherà ¢Ã¢â€š ¬Ã¢â€ž ¢s wor ks, that there are considerable differences as to the meaning of harm. To Devlin, society must trump the individualà ¢Ã¢â€š ¬Ã¢â€ž ¢s rights to prevent the decay of societyà ¢Ã¢â€š ¬Ã¢â€ž ¢s moral foundations.[12] Therefore, for him, the right to sexual freedom between two consenting male adults, for example, in private, must be restricted even though no physical harm is caused to others, because the harm is being done to the morality of society. Devlin asserted that the proper role of the law was protector of established moral standards, rather than an instrument for changing moral views. This therefore highlights the question of whether law should punish à ¢Ã¢â€š ¬Ã‹Å"wickednessà ¢Ã¢â€š ¬Ã¢â€ž ¢ practised in private, or whether there is a realm of private immorality which the law should not concern itself with. This is protected by the right to respect private life under Article 8(1) of the Convention, the same is true of a person who gives expression to the sexuality which is part of his or her sexual constitution. However, Article 8(2) restricts practical expressions of that respect in order to protect health and morality, so long as any interference with the right is in accordance with the law and is necessary in a democratic society. There is therefore scope for argument about these demands and the extent to which it necessitates interference with oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s sexual freedom. In Norris v Ireland, the Court held that Irelandà ¢Ã¢â€š ¬Ã¢â€ž ¢s total ban on homosexual acts violated the respect for private life and was disproportionate to aims which could legitimately be pursued under Article 8(2).[13] Furthermore, in Sutherland v United Kingdom, it was decided that the ages of consent for homosexuals and heterosexuals should be equalised at 16 by the Sexual Offences Act 2000.[14] These principles now form English Law in connection with the Human Rights Act 1998. Of relevance to the issue of privacy, are the recent incidents in politics, such as Mark Oatenà ¢Ã¢â€š ¬Ã¢â€ž ¢s announcement of resignation from the Liberal Democrat party over allegations of a relationship with a rent boy (or male prostitute) and Simon Hughesà ¢Ã¢â€š ¬Ã‹Å"s revelation regarding his homosexuality. These vexed questions are at the centre of a long standing debate, known as the à ¢Ã¢â€š ¬Ã‹Å"Hart-Devlinà ¢Ã¢â€š ¬Ã¢â€ž ¢ debate.[15] The issue is whether conduct such as homosexual acts, prostitution, sodomy and sadomasochism, in other words, sexual morality, can be practised in private, or whether the law should enforce the general sense of morality and require that the law punish it. Stephen J held an extreme view of pro-punishment, in which he felt that society should uphold its moral code as an end in itself and should persecute the grosser forms of that vice.[16] Here there is a problem in showing any objective moral standards. Although, Devlin contends that those practicing such sexual acts in private admit it to be evil, the curr ent writer is not in agreement. Surely this is not true of homosexuality or prostitution. It is also questionable whether the law would be the correct medium with which to enforce such views, as legal coercion would seemingly fail to do justice and would more likely strengthen the will of those opposing the punishment code. Devlin specifically favoured pro-punishment in this context, although his reasoning was that it should be punished for causing harm to society. Devlin asks and answers three questions: has society the right to pass judgements on morals? He answers yes, because society is a community of common thought and ideas, and if those bonds are relaxed, then the members drift apart. He then asks, to what extent should society use law to enforce its moral judgment? He says that this is to preserve its integrity. Finally, he asks, in what circumstances should the State exercise its power? He says that the moral judgements of society are the standards of the reasonable man and that the State should exercise its power to enforce those standards when the reasonable man feels disgust, when the vice is so abominable that its mere presence is an offence. The present writer is however inclined to reject Devlinà ¢Ã¢â€š ¬Ã¢â€ž ¢s theory as a shared morality in the community is questionable and perhaps a more accurate suggestion would be a toleration of different moralities, that being liberalism. Devlinà ¢Ã¢â€š ¬Ã¢â€ž ¢s theory is also questionable to the extent that: what sort of freedom allows one to do what their neighbours strongly disapprove of? A more accurate perspective in the view of the current writer is that of the à ¢Ã¢â€š ¬Ã¢â€ž ¢harm principle,à ¢Ã¢â€š ¬Ã¢â€ž ¢ as societyà ¢Ã¢â€š ¬Ã¢â€ž ¢s view of morality might be wrong. In 1957 the Wolfenden Committee said that there was a sphere of private morality which was not the lawà ¢Ã¢â€š ¬Ã¢â€ž ¢s concern. Neither homosexuality, nor prostitution, should be illegal if they were private, only if th ey were directly harming those not involved should they be punished. The Sexual Offences Act 1967 followed suit. However, even Hart has not totally accepted this view. He talks of defence to crimes which are consented in serious violence such as paternalism. He says that society is justified in making an offence any conduct which it considers harmful for him, but Hart does not discuss paternalism to the extent of saying what is included, although we presume, homosexuality prostitution etc. are not included. Presumably, this would be limited to physical and psychological harm, such as drug abuse. The area of private, sexual morality is for Hart, not the lawà ¢Ã¢â€š ¬Ã¢â€ž ¢s concern, so long as it is in private and does not offend the rules of public decency by being public, it should not be punished even if other members of society are disgusted or offended. It is therefore questionable how Hart would view sadomasochism, as it is intended to cause harm, albeit, consented, private h arm. Furthermore, paedophilia amounts to indecent assault in English law, even if it does not cause bodily harm. This is because of the need to protect children from exploitation. The question in relation to sexual orientation in private, depends on whether the values of society in Devlinà ¢Ã¢â€š ¬Ã¢â€ž ¢s sense are more important that the idea of freedom of values and ideas expressed by Hart. Certainly, Blackstoneà ¢Ã¢â€š ¬Ã¢â€ž ¢s statement shows him to be on Hartà ¢Ã¢â€š ¬Ã¢â€ž ¢s side, feeling that such à ¢Ã¢â€š ¬Ã‹Å"wickednessà ¢Ã¢â€š ¬Ã¢â€ž ¢ should not be punished and, given recent legislation and case law, this seems to be complacent with the views of out emerging society. Although, there is one extraordinary provision within the Sexual Offences Act 1967, which states that a homosexual act is not in private when more than two people are present. This relates to the concern of equal treatment for men and women, and can be seen as a violation of Article 8 and Article 14. Indeed, the Home Office has recognised this and states that this requirement be abolished.[17] Dworkin refers to the political neutrality of the State and therefore believes that the State will treat everyone with equal concern and respect.[18] He speaks of the fact that decisions are taken on the basis of majoritarian democratic processes, on the basis of utility, but subject to the proviso that the basic rights of the minority are not be infringed. The rights to which Dworkin is referring to are those held as fundamental human rights. In order to avoid the excesses of utilitarianism, Dworkin refers to à ¢Ã¢â€š ¬Ã¢â€ž ¢protected interests,à ¢Ã¢â€š ¬Ã¢â€ž ¢ but provides no indication of what these entail. It is submitted that these would refer to The European Convention on Human Rights which is incorporated in domestic law, by way of the Human Rights Act 1998. Certainly, not all rights can be overrode with legitimate justification, particularly those rights enshrined in the Eur opean Convention on Human Rights. Thus, Dworkinà ¢Ã¢â€š ¬Ã¢â€ž ¢s theory allows for State intervention in the exercise of some liberties in order to advance overall social welfare., not only the personal preferences of individuals for their own good but also the external preferences with regards to others. Dworkin would view any restrictions on rights in sexuality as being on policy grounds, by virtue of Article 15 of the Convention, whereas, the current writer, would regard other restrictions, such as Article 17, which provides that rights contained in the Convention cannot be pleaded in order to defeat the exercise of rights by others, as existing on notions of principle. Hart criticises Dworkinà ¢Ã¢â€š ¬Ã¢â€ž ¢s theory in terms of these external preferences, which might tip the balance in favour of a right, such as the right to sexual freedom of homosexuals. Hart suggests that it is not the ascertaining of the aggregate good through the wishes of the majority that is at fault, but rather the wishes of the majority themselves. Dworkin does state that the principle of utility has a limited role in the balancing of à ¢Ã¢â€š ¬Ã‹Å"alienableà ¢Ã¢â€š ¬Ã¢â€ž ¢ liberties. In accordance with the absolutist view, some fundamental rights will never change in content, meaning that utilitarianism cannot account for the existence of such rights since the wishes of the majority may result in an impairment in such rights. Nevertheless, the relativist standpoint, which states that rights may change with views and the dictates of society, means that the principle of utility will continue to have a role in the content of such rights. Thus an absolutist would regard homosexuality as being denied by utilitarianism, whereas a relativist would say that such a right has evolved in recent years with the changing views of society and that the principle of utilitarianism has given it recognition. Certainly, it is submitted that even in relation to absolute rights, the principle of utility has contributed to the advancement of certain rights in accordance with the general views of society, as subjected to the majority rule. This notion coordinates with the next section of this essay which discusses the discriminatory practices in employment against those people whose sexual orientation has, until recently, been scarcely understood. The infringement of the rights of such employees are commonplace, as Stonewall, a national lobbying organisation on behalf of lesbians, bisexuals and gay men, have found.[19] In one survey of 2,000 employees in 1993, 16% of respondents experienced discrimination, 48% had been harassed because of their sexual orientation and 68% felt they had to conceal their sexual orientation from co-workers. However, the changing views of society are perhaps an indication of the recent Sexual Orientation Regulations 2003 and indeed, even the Human Rights Act 1998. Until recently, there were no rights of protection based on sexual orientatio n in discrimination law, thus the à ¢Ã¢â€š ¬Ã‹Å"equality of misery.à ¢Ã¢â€š ¬Ã¢â€ž ¢ Certainly, no rights conforming to equality laws existed for homosexual or lesbian employees facing discrimination in the European Union, as à ¢Ã¢â€š ¬Ã¢â€ž ¢sexual orientation,à ¢Ã¢â€š ¬Ã¢â€ž ¢ was not included within section 1 of the Sexual Discrimination Act 1975: Discrimination on grounds of sexual orientation is not discrimination on the ground of sex within the meaning of the Sexual Discrimination Act 1975. A personà ¢Ã¢â€š ¬Ã¢â€ž ¢s sexual orientation is not an aspect of his or her sex[20]. or Article 5 of the Equal Treatment Directive. Certainly, as late as 1998 in the case of Grant v South-West Trains, the European Court of Justice held: While the European Parliament à ¢Ã¢â€š ¬Ã‚ ¦ has indeed deplored all forms of discrimination based on a personà ¢Ã¢â€š ¬Ã¢â€ž ¢s orientation, it is nevertheless the case that the Community has not yet adopted rules providing for such equival ence.[21] Furthermore, even if this jurisdictional hurdle could be overcome, there was still the evidential requirement of the judiciary. This reasoning was on the basis that the correct approach for the judiciary was to compare a homosexualà ¢Ã¢â€š ¬Ã¢â€ž ¢s treatment against a hypothetical comparator, that being a homosexual in the same situation. It thereby followed that discrimination would only be recognised where a homosexual comparator would be subjected to the same discrimination in the same circumstances. The case of Smith v Gardner Merchant concerned a gay barman who had to prove that a lesbian would be subjected to the same harassment. This intractable view of the judiciary initially gained added support in the recent case of Secretary of State for Defence v MacDonald.[22] The case concerned Mr MacDonald who was employed by the Royal Air Force. Following a rigorous vetting procedure for a new position, under which he was asked if he was a homosexual, he confirmed t hat he was a homosexual, which led to his compulsory resignation under Queenà ¢Ã¢â€š ¬Ã¢â€ž ¢s Regulations 2905. The man claimed that he was sexually harassed and unlawfully dismissed on the grounds of his sexuality. The issue of comparators was discussed: If comparators are relevant, the issue is not as between male and female simpliciter but between a male or female homosexual and a male or female homosexual in order to determine not whether one homosexual is being treated less favourably than another but whether homosexuals of either gender in this context are being treated less favourably than heterosexuals of the opposite gender which is the true comparator in the context of sexual orientation.[23] The question of comparators has seen a divergence in terms of the sexuality and gender if the comparator. Moreover, in MacDonald it was suggested that in serious cases of discrimination, based on sexual orientation, no comparator should be required: à ¢Ã¢â€š ¬Ã‹Å"In circumsta nces where the behaviour complained of is both à ¢Ã¢â€š ¬Ã‹Å"blatantly unacceptableà ¢Ã¢â€š ¬Ã¢â€ž ¢ and à ¢Ã¢â€š ¬Ã‹Å"sexually relatedà ¢Ã¢â€š ¬Ã¢â€ž ¢ there is no need for a comparator.à ¢Ã¢â€š ¬Ã¢â€ž ¢ With the passing of the Human Rights Act 1998, the European Convention on Human Rights had impacted on domestic equality legislation, meaning that sexual orientation should be included within the term à ¢Ã¢â€š ¬Ã‹Å"sexà ¢Ã¢â€š ¬Ã¢â€ž ¢ as the basis for a claim under the Sex Discrimination Act 1975. Certainly, it is submitted that the investigation into Mr MacDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s affairs were contrary to Article 8; a right to respect private life. The justification for this decision came by way of Salguierio da Silva Mouta v Portugal, where Article 14 was interpreted as extending to a right of action for discrimination based on sexual orientation. Nevertheless, during this time, there was some controversy as to how the law should be viewed, since the Court of Session regarded the reasoning as flawed, preferring the conclusions reached in earlier cases: On the whole matter I am satisfied that this statute and in particular this provision is concerned with gender and not sexual orientation. Section 3(1) of the 1988 Act does not in my opinion enable or oblige us to adopt any other reading.[24] However, there have been recent developments in the European Union which attempt to eradicate such views and treatment. The rights of victims of sexual orientation discrimination has since been implemented in the UK Employment Equality (Sexual Orientation) Regulations 2003. It will be interesting to see how successfully the new regulations fulfil their intended role. Employees may, for example, be reluctant to pursue claims against their employers due to fear of stigmatisation, victimisation or harassment, despite legal protection being provided. However, coupled with the growing recognition and influence of the Human Rights Act 1998, it is submitted th at it can only lead to more positive results. In conclusion, to answer the question posed, the recent legislative changes in UK law have conferred more rights to different types of sexual orientation, although, neither English Law nor Community Law in the past directly protected against discrimination on the grounds of sexual orientation. For example, it is true that for many years there was a total ban on all homosexual activity between men, regardless of age or consent. à ¢Ã¢â€š ¬Ã‹Å"The more liberal sexual atmosphere of the 1960s,à ¢Ã¢â€š ¬Ã¢â€ž ¢ was, however, translated into English Law by way of the Sexual Offences Act 1967.[25] The Sexual Offences Act 1967, by virtue of Section 1(1) provided that à ¢Ã¢â€š ¬Ã‹Å"a homosexual act in private shall not be an offence provided that the parties consent thereto and have attained the age of twenty-one years.à ¢Ã¢â€š ¬Ã¢â€ž ¢ This age was however reduced in 2001, to 16. However, the 1967 Act maintained criminal liability for bugg ery by members of the armed forces and members of the crew on board a merchant ship. This was held not to grant an admissible argument by way of the European Convention on Human Rights due to the need not to prevent disorder in the army. However, this criminal liability is now said to be demolished by way of the Criminal Justice and Public Order Act 1994. Increased rights in terms of sexuality, have also been seen from case law, such as in P v S and Cornwall County Council, in which Community rules on sex discrimination were held to protect transsexuals.[26] The European Court of Human Rights has held that taking action against his or her sexual orientation infringes the right to respect their private lives under the European Convention on Human Rights, Article 8(1). Sexual orientation is now being regarded more suitably as a right of a personà ¢Ã¢â€š ¬Ã¢â€ž ¢s worth and identity. However, the title in the question remains true to some extent. For example, the Human Rights Act 1 998 protects private life only against public authorities, by virtue of Article 8, while Article 14 does not offer a free standing right to be free from discrimination. Therefore, as Feldman notes, there may therefore still be cases in which it is permissible to dismiss a person by reason of their sexuality. There are also weaknesses within Article 10 in that it permits states to justify interference if it is prescribed by law and is necessary in a democratic society. Feldman encourages the UK Government to change free standing anti-discrimination rights under Protocol No 12 and to include it in the European Convention on Human Rights, the Human Rights Act, 1998 and at the same time, implementing the EU Framework Directive on Discrimination. Feldman suggests the possibility of the UK contravening its free-standing non-discrimination right under Article 26 on the International Covenant on Civil and Political Rights, although at present there is no judicial remedy for that breach. How ever, needless to say, alongside the legal medium employed to help afford more rights to employees of various sexual orientation, society in cooperation, needs to acknowledge and understand homosexuals in a respectful and fair way . Bibliography Articles M Rubenstein, Industrial Relations Law Reports, 2000, 29 (11), 745 Wolfenden Report Cmd 247 London: HMSO 1957, examined further. The Williams Committee Report Cmnd 7772 London: HMSO 1979 Home Office Setting the Boundaries vol 1 102, paras 6 Books D Feldman, Civil Liberties and Human Rights in England and Wales, Oxford University Press, 2nd edition, 2002, p 533 R Dworkin, The Theory of Practice of Autonomy, Cambridge University Press, 1998 ch 1 C S Nino, The Ethics of Human Rights, Oxford Clarendon Press, 1991, ch 1 Nozick, Anarchy, State, and Utopia, Basic Books 1977 Dworkin, Ronald M. (1973). à ¢Ã¢â€š ¬Ã…“Taking Rights Seriouslyà ¢Ã¢â€š ¬Ã‚ , in Simpson, AWB, ed, Oxford Essays in Jurispruden ce, Second Series, Oxford: Clarendon Press, 202; reprinted in his Taking Rights Seriously, revd edn, London: Duckworth, 1978, 184. Hohfeld, Wesley Newcombe (1919). Fundamental Legal Conceptions as Applied in Judicial Reasoning, ed Cooke, WW, New Haven: Yale University Press MacCormick, Neil (1977). à ¢Ã¢â€š ¬Ã…“Rights in Legislationà ¢Ã¢â€š ¬Ã‚ , in Hacker, PMS Raz, J, eds, Law, Morality and Society: Essays in Honour of HLA Hart, Oxford: Clarendon Press, 189. Mill, John Stuart (1969 [1861]). Utilitarianism, in Robson, J, ed, The Collected Works of John Stuart Mill, Vol 10, Toronto: Toronto University Press; London: Routledge Kegan Paul, 203. Hart, H.L.A. (1979). à ¢Ã¢â€š ¬Ã…“Between Utility and Rightsà ¢Ã¢â€š ¬Ã‚ , in Ryan, A, ed, The Idea of Freedom: Essays in Honour of Isaiah Berlin, Oxford: Clarendon Press, 77; reprinted in his Essays in Jurisprudence and Philosophy, Oxford, Clarendon Press, 1983, 198 Hart, H.L.A. (1994). The Concept of Law, 2nd edn, with posthumous postscript, ed Bulloch, P Raz, J, Oxford: Clarendon Press Devlin P. The Enforcement of Morals Oxford University Press (1965). Cases P v S and Cornwall County Council Case C 13/94 [1996] ICR 795, CJEC Grant v South West Trains [1998] IRLR 206 Secretary of State for Defence v MacDonald [2001] IRLR 431 Smith v Gardner Merchant [1998] IRLR 510 Norris v Ireland Eur Ct HR Series A ~No 45Judgement of 22 October 1981, 4 EHHR 149 Sutherland v United Kingdom Eur Commn HR App No 25186/94 Report of July 1997 Websites https://iaindale.blogspot.com/2006/01/oaten-resigns-in-rent-boy-sex-scandal.html https://blogcritics.org/archives/2006/01/27/132501.php https://www.stonewall.org.uk/ Footnotes [1] D Feldman, Civil Liberties and Human Rights in England and Wales, Oxford University Press, 2nd edition, 2002, p 533 [2] R Dworkin, The Theory of Practice of Autonomy, Cambridge University Press, 1998 ch 1 [3] Op Cit Feldman at p 5 [4] C S Nino, The Ethics of Human Rights, Oxford Clarendon Press, 1991, ch 1 [5] Nozick, Anarchy, State, and Utopia, Basic Books 1977 [6] R Dworkin, Taking Rights Seriously, Harvard University Press, 1977 [7] Hohfeld, Wesley Newcombe (1919). Fundamental Legal Conceptions as Applied in Judicial Reasoning, ed Cooke, WW, New Haven: Yale University Press. [8] MacCormick, Neil (1977). à ¢Ã¢â€š ¬Ã…“Rights in Legislationà ¢Ã¢â€š ¬Ã‚ , in Hacker, PMS Raz, J, eds, Law, Morality and Society: Essays in Honour of HLA Hart, Oxford: Clarendon Press, 189. [9] Mill, John Stuart (1969 [1861]). Utilitarianism, in Robson, J, ed, The Collected Works of John Stuart Mill, Vol 10, Toronto: Toronto University Press; London: Routledge Kegan Paul , 203. [10] Wolfenden Report Cmd 247 London: HMSO 1957, examined further. [11] The Williams Committee Report Cmnd 7772 London: HMSO 1979 [12] Devlin P. The Enforcement of Morals Oxford University Press (1965). [13] Norris v Ireland Eur Ct HR Series A ~No 45Judgement of 22 October 1981, 4 EHHR 149 [14] Sutherland v United Kingdom Eur Commn HR App No 25186/94 Report of July 1997 [15] Hart, H.L.A. (1979). à ¢Ã¢â€š ¬Ã…“Between Utility and Rightsà ¢Ã¢â€š ¬Ã‚ , in Ryan, A, ed, The Idea of Freedom: Essays in Honour of Isaiah Berlin, Oxford: Clarendon Press, 77; reprinted in his Essays in Jurisprudence and Philosophy, Oxford, Clarendon Press, 1983, 198 Hart, H.L.A. (1994). The Concept of Law, 2nd edn, with posthumous postscript, ed Bulloch, P Raz, J, Oxford: Clarendon Press. [16] OP Cit Feldman [17] Home Office Setting the Boundaries vol 1 102, paras 6 [18] Dworkin, Ronald M. (1973). à ¢Ã¢â€š ¬Ã…“Taking Rights Seriouslyà ¢Ã¢â€š ¬Ã‚ , in Simpson, AWB, ed , Oxford Essays in Jurisprudence, Second Series, Oxford: Clarendon Press, 202; reprinted in his Taking Rights Seriously, revd edn, London: Duckworth, 1978, 184. [19] https://www.stonewall.org.uk/ [20] Smith v Gardner Merchant [1998] IRLR 510 [21] Grant v South West Trains [1998] IRLR 206 [22] Secretary of State for Defence v MacDonald [2001] IRLR 431 [23] M Rubenstein, Industrial Relations Law Reports, 2000, 29 (11), 745 [24] Ibid, per Lord Prosser at p 436 [25] Op Cit Feldman [26] P v S and Cornwall County Council Case C 13/94 [1996] ICR 795, CJEC

Andrew Jackson One of the Most Influential Presidents of...

Andrew Jackson’s influence on the politics of his time was remarkable. He was the only president to have an era named after him. He also changed the way this country was run and expanded the country’s borders. He changed much, but the four most important aspects of this era, in chronological order, were his victory over the British, his defeat in the presidential race of 1824, his successful presidential campaign in 1828, and his decision to remove Native Americans to land west of the Mississippi. His victory over the British in the Battle of New Orleans lifted his popularity exponentially. He was a newfound American hero, and this pushed his political ambitions towards the White House. In 1824 Jackson was defeated in a close presidential†¦show more content†¦What the Americans did not have in numbers, they made up for with â€Å"Andrew Jackson, whose courage, energy, and determination were vital to the victory.† From this defensive position they were a ble to hold the British and inflict heavy casualties upon them. Fighting a losing battle, the British retreated, boarded their ships, and fled the country. The irony of this battle was that it was unnecessary: the war had ended before the first scrimmage was fought. The defeat of the British under Jackson’s leadership boosted his reputation and made him a household name. Some even compared Andrew Jackson to the last American hero George Washington. With his reputation elevated to that of a hero, he became a symbol of nationalistic pride. With the American Revolution still fresh in people’s minds, the defeat of the British was celebrated. In one battle` Jackson had accomplished the best action possible to further his career. After becoming a national hero, Andrew Jackson wanted to further his career in politics. Jackson had held office in the government before, but not for any significant time period. Jackson decided to run for president against John Quincy Adams, Hen ry Clay, and William Crawford in 1824, but he lost. However, he did receive the most electoral and popular votes and when this happens, the vote goes to the House of Representatives. HenryShow MoreRelatedThe Legacy Of Andrew Jackson1523 Words   |  7 PagesAndrew Jackson was born on March 15, 1767 to Scots-Irish colonists Andrew and Elizabeth Hutchinson Jackson in the mountains between North and South Carolina. Jackson was born into poverty and as a result received very little education growing up. 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Organizational Governance and Leadership Strategy

Question: Discuss about the Organizational Governance and Leadership Strategy. Answer: Introduction Leadership and management are the two concepts that are dependent upon each other. These two concepts are linked to each other and are complementary in nature. Leadership traits within an individual helps in analysing the future traits of management within that referred person. The qualities of leadership would help the person in judging and performing well in the long run (Dvir et al. 2015). Leadership is a process that helps n influencing others to attain the objective and directions that has been stated by the organization. An ideal leader is the most efficient one in framing the structure of the organization that would lead them in achieving the stated goals and objectives of the firm. Leaders are the ones who remind the subsidiaries regarding the missions and visions of the firm. The report is related leadership qualities that must be followed by the individuals to attain power and influence over the others. Power and influence has both positive and negative aspects. An efficient leader is the one who analyses its attributes in such a manner, so that the subsidiaries take their power to be quite positive in nature, thereby raising their productivity. This report is divided into three parts. The first part, self analysis, deals with three results of the diagnostic tools that have been implemented in order to highlight the positive and negative qualities of the individual. The second part is related to the literature review, that would help in accessing the researches that has been performed till date. Lastly, conclusion and an action plan is created based on the personal strong attributes that has been analysed by the individual. This would provide the one with a projected path of future success. Self-Analysis Leadership is a process that is adhered in monitoring a group of people to attain success. Skills, knowledge and characteristics of an individual make them the ideal leader. It is quite vital for the individual to pertain its strengths and weaknesses that would help them in future to express power and influence over others (Quinn et al. 2012). In order to analyze the personal traits in me, I had conducted three diagnostic tests, whose results have made it quite clear for me to analyze my future path of projection. The three tests that I have undertaken are Quinn Management Tool, Emotional Intelligence Test and Situational Leadership Analysis. Quinn Management Tool: Quinn management test of an individual offers an insight to an individual in order to analyze their strengths and weaknesses regarding a particular management role to be played. This tool had been designed an developed by Robert e. Quinn. Eight roles of an individual is identified in this analyses that would provide the effectiveness of the role which would be played by the person (McCleskey 2014). The eight attributes that are stated in this management tool are innovator, broker, producer, monitor, facilitator, director, coordinator and mentor. After submitting, the questionnaire provided during this test, these eight characteristics would help in stating the primary and the important factors that might affect our leadership roles to be played. The self analysis report that has been pertained while performing the test states that the associated percentage with regards to the eight character are as follows : mentor (91%), broker (87%), producer (82%) director ( 82%), monitor (82%), coordinator (76%), facilitator (69%) and innovator (67%). My major traits being a leader would be of being a mentor to all. It would be quite easier for me to analyze the power and influence of others. I focus on people development where I am helping, caring, sensitive, approachable, open and just. I help the subsidiaries to get motivated by praising their handwork and complimenting them in public. I believe in providing people with opportunities of learning better skills that would further help in the enhancement of the productivity in the organization. I encourage cooperation and communication between the people in the firm. I am well aware of contact handling techniques in order to overcome the disputed between the individuals at work. I am task oriented and I focus on the work being provided in the end of the production process. I aim at showing involvement, achievement, motivation, energy and personal involvement. Being a director, I aim at specifying clear er objectives to the team by taking a decisive initiative in the group. It is quite vital for me to know all the matters that prevail within the organization. I recognize the importance of pertaining changes that are necessary in the environment of work place. Emotional Intelligence Test: the emotional intelligence test is a questionnaire that has been prepared by the hay group under Emotional and Social Competency Inventory (ESCI) (Golema, Boyatzis and McKee 2013). Emotional intelligence provides an individual with the capacity to recognize their own feelings and that of others, in order to motivate both themselves and their surroundings. This test helps in analyzing the interpersonal skills that an individual has thereby analyzing the ability or personality preferences of that individual. the emotional intelligence tool highlights the areas of self awareness, social awareness, self management and relationship management. I scored a 120 score on the test, which shows that I have a flawless attitude towards managing an organization being an efficient leader. this shows that I have can control the group easily and motivate them to overcome various hurdles in the organization. with slight improvements with regards to communication ability, I can be an ideal example of an efficient leader. Situational Leadership Analysis: situational leadership analysis provides an individual with an incentive to analyze its future role, this future role a leader or a management body of an organization (Lankshear et al. 2013). The score that I got after answering the questions of the questionnaire was 83 out of 100. This shows that I have a clear direction to be implemented by the organization in order to communicate and execute the plans. I have the ability to convince the people at workplace that would help them in achieving the targeted goal. By analyzing the three diagnostic tests based upon the leadership qualities of the person, my main objectives would be identifying the factors that could help me in portraying power and influence over the team members in a positive manner. Based on my experiences I can easily analyze my shortcomings of being a leader or under the management group of the organization. It would help me in stating the points where I can improve my skills in future. During my internship as an assistant manager in a furniture manufacturing company, there were various situations where I had to incorporate my leadership qualities. One such incident was when I had to motivate the laborers to improve their production capacity. Second incident was to hold a meeting among the board of directors by stating them the strategical implementations needed in the organization for future betterment. These two incidents had been helpful for me to highlight the places where I should work more. These two incidents have tau ght me how I should increase my communication with the subsidiaries and raise my motivational level in order to exercise power and influence over others. Literature Review Numerous explanations, theories, classifications and definitions regarding leadership qualities of an individual has been analyzed in the contemporary literature so far. Literature of leadership reveals various theories that has been refined and modified along with the passage of time. Several factors would help an individual in making an efficient leader. Among those factors, one of the most important aspects of an efficient leader is the individuals capability in exercising power over the others (Nohria and Khurana 2013). Traits theory often concludes that leaders share some common personalities. That is helpful in instigating a sense of motivation among the subsidiaries. Various behavioral theories focus on how the leaders should behave while accessing their powers over the teammates. There are three kinds of leaders, autocratic, democratic and laissez faire leaders. Autocratic leaders take decisions their decisions without consulting it with their teams (Rabarison Ingram and Holsinger Jr 2013). These decisions are taken by the leaders in order to come to quick decisive factors. Democratic leaders allow their team members to input their views, before taking up any decisions in the team. Laissez fair leaders are the ones who do not interfere at all. They allow the team members to take all the decisions. Depending upon the capabilities of the team, the leaders can choose any one of these three types. Every leader is associated to a particular theory, which can be observed in their way of attaining the objectives of the firm by maintaining the role of an ideal leader. Some leaders follow the footsteps of other successful leaders. This is known as action centered leadership model. Situational leadership model helps in analyzing the ability of a particular individual in analyzing the skills of leadership (Parris and Peachey 2013). They perform according to the synopsis that has been faced by them. The contingency theory argues that there is no single way that could lead to an efficient management system (Lussier and Achua, 2015). Every leadership style is based on certain situations that help in signifying the performance of the individual. Contingency leadership theories are considered as an extension of trait theory as human traits are related to the theory. It is generally accepted within the contingency theories that leader are more likely to express their leadership when they feel that their followers will be responsive. The researchers have further divided the form of leadership as transformational and transactional. According to transactional leadership, transaction is made between the leader and the follower. It follows a positive mutual beneficiary relationship (Northouse, 2015). Transactional leadership is based upon the motivational values where the leader must find various means to reward its subsidiaries. This would help the leader in attaining the attention and loyalty of the members in the association. Transformational leadership on the other hand states that the process by which people interact with others and thereby create a strong relationship between each other (Price and Weiss 2013). This relationship helps in attaining the intrinsic and extrinsic motivation in both the leaders and followers. The essence of transformational theories is that leaders transform their followers through their inspirational nature and charismatic personalities. The theories associated with leadership helps in setting the objectives of the individual. One of the most important objectives of an ideal leader is to attain power and influence over the others (Dinh et al. 2014). This attribute can leave both positive and negative impact on the people who follow the leader. Power and influence should be exercised over the followers in the correct manner. There must be ample of communication and motivation done among the leaders and their followers. This would make the followers to readily agree and understand regarding the long term plans of the leader (Tourish 2014). These long term plans would help in implementing the daily work with greater efficiency. Power and influence aims at promoting a successful leadership quality within an individual. This would help in promoting the skills of managing the group within an individual. Power could be termed as a positive or a negative term. This term can have mixed impacts on the followers. Power refers to the potential capability of an individual leader, thereby influencing certain specific methods of achieving success among other (Antonakis and House 2014). This would help in pertaining success in managing the team with positivism around. Power and influence can be exercised in a positive manner using various aspects. Among these aspects, the vital ones are communicating with the members of the group. A positive communication would help in delivering the ideas to the people, thereby reframing the opinions and influencing the followers. Motivating people would help them in guiding the path of the subsidiaries, raising their skills and gaining the confidence of others (Avolio and Yammarino 20 13). Hence, it could be stated that with the help of various theories on leadership skills, an individual can aim at striving for the ideal objectives that would help in attaining a successful framework of being a leader. Conclusion Leadership traits within an individual are a skill, which is achieved with experience. Expecting perfect leadership traits in an individual without any experience is considered as an absurd misconception. Leadership qualities can be implemented by analyzing the areas of weakness and strengths within the person and then promoting activities that would enhance the areas where gaining success is easier. A mark of a good leader is someone who can see the bigger picture, and anticipate problems before they occur. This is a valuable skill to have when handlingcomplexprojects with tight deadlines. The ability to foresee and provide suggestions for avoiding potential problems is invaluable for a leader. This ability also helps to recognize opportunities that others overlook, which will certainly earn you recognition. From my personal experiences gained, I can state that I am a good mentor, with the ability of persuading people into the correct path. I appreciate my subsidiaries and remind them the missions and visions of the organization. This helps the group to raise the productivity in reaching the target. My reflection of leadership on my past experience highlights some of my weaknesses too. These weaknesses are that I have to work more on my communication skills and on my skills of motivating others. These skills would help me n achieving the objective of imparting power and influence on others. To frame the path of improving my skills, it is quite important for me to undertake certain practices and plans. These planned actions would help me in enhancing and promoting my qualities of being an ideal leader in future. In order to enhance communicating skills within oneself, it is important to socialize with people. This would help me in understanding various ways of persuading people, understanding their problems, providing them with certain beneficial advices and respecting their thoughts. A good leader is the one who is not just a good speaker, but also a good listener. Hence, it would be quite important for me to communicate with the employees. Communicating with them would help me in acknowledging their opinions regarding my leadership traits. This would even help me to attain their opinions regarding certain matters that are prevailing in the economy. Praising the employees and rewarding them for their hard work must be an important effort to be undertaken by me. This would help me in gaining the loyalty of the employees and their confidence towards my decisions. Action Plan Actions 1st month 2nd month 3rd month 4th month 5th month 6th month Communicating with the employees Developing reward generation programmes Discussing matters with the supervisors and planning the future projection. Acknowledging the correct form of leadership Distributing questinairres among the employees regarding the issues and further changes to be implemented Analyzing the results and working towards improving ones own skill of performing better as a leader. Table 1: Action plan (Source: Created by author) The above mentioned action plan is based on the planned chart of 6 months. Each month represents a different aspect for me to improve my skills as a leader. In order to achieve the objective of impacting power and influence among the subsidiaries, i have analyzed that I need to improve my communication and motivational strengths. In order to do so i have planned to raise my communication skills by holding meetings with the employees and the supervisors in order to attain their opinion and issues regarding the organization. I would generate reward programs for the employees in order to motivate them. In the 5th month, I would generate a questionnaire in my team that would help me analyze of what further changes does my team wants me to implement. This questionnaire would help me in acknowledging the future projected plan for being an ideal leader. Reference Antonakis, J. and House, R.J., 2014. Instrumental leadership: Measurement and extension of transformationaltransactional leadership theory.The Leadership Quarterly,25(4), pp.746-771. Avolio, B.J. and Yammarino, F.J. eds., 2013.Transformational and charismatic leadership: The road ahead. Emerald Group Publishing. Dinh, J.E., Lord, R.G., Gardner, W.L., Meuser, J.D., Liden, R.C. and Hu, J., 2014. Leadership theory and research in the new millennium: Current theoretical trends and changing perspectives.The Leadership Quarterly,25(1), pp.36-62. Dvir, T., Eden, D., Avolio, B.J. and Shamir, B., 2015. The impact of Transformational Leadership. Goleman, D., Boyatzis, R. and McKee, A., 2013.Primal leadership: Unleashing the power of emotional intelligence. Harvard Business Press. Lankshear, S., Kerr, M.S., Laschinger, H.K.S. and Wong, C.A., 2013. Professional practice leadership roles: The role of organizational power and personal influence in creating a professional practice environment for nurses.Health care management review,38(4), pp.349-360. Lussier, R.N. and Achua, C.F., 2015.Leadership: Theory, application, skill development. Nelson Education. McCleskey, J.A., 2014. Situational, transformational, and transactional leadership and leadership development.Journal of Business Studies Quarterly,5(4), p.117. Nohria, N. and Khurana, R. eds., 2013.Handbook of leadership theory and practice: An HBS centennial colloquium on advancing leadership. Harvard Business Press. Northouse, P.G., 2015.Leadership: Theory and practice. Sage publications. Parris, D.L. and Peachey, J.W., 2013. A systematic literature review of servant leadership theory in organizational contexts.Journal of business ethics,113(3), pp.377-393. Price, M.S. and Weiss, M.R., 2013. Relationships among coach leadership, peer leadership, and adolescent athletes psychosocial and team outcomes: A test of transformational leadership theory.Journal of applied sport psychology,25(2), pp.265-279. Quinn, D., Amer, Y., Lonie, A., Blackmore, K., Thompson, L. and Pettigrove, M., 2012. Leading change: Applying change management approaches to engage students in blended learning.Australasian Journal of Educational Technology,28(1), pp.16-29. Rabarison, K., Ingram, R.C. and Holsinger Jr, J.W., 2013. Application of situational leadership to the national voluntary public health accreditation process.Frontiers in public health,1, p.26. Tourish, D., 2014. Leadership, more or less? A processual, communication perspective on the role of agency in leadership theory.Leadership,10(1), pp.79-98.