Essay about The Arguments For and Against a Codified...

The Arguments For and Against a Codified Constitution A constitution is a set of rules that seek to establish the duties, powers and functions of the various institutions of government, regulate the relationships between them, and define the relationship between the state and the individual. The most common way of classifying constitutions is to distinguish between codified and uncodified. The UK has an uncodified constitution. A written constitution is precisely a charter that has been codified, in that the rules and regulations that citizens / individuals must abide by are stated in a single document format. Although elements of the UK constitution are written e.g. the statute law, sections of†¦show more content†¦A codified constitution would describe and entrench the structure of government, the relationship between different parts of government and the relationship between government and citizens. So it would therefore prevent arbitrary government. An introduction of a codified constitution would protect the rights of the citizens. It is argued that citizen’s rights can only be protected if they are entrenched in a codified constitution. Without this, a government could remove rights too easily with an overall majority by simply introducing a Bill and relying on its parliamentary majority to pass it. For example, since the attack on the twin towers in the USA on 11 September 2001, the government has been able to persuade parliament to pass an anti-terrorist legislation which goes against certain rights despite the UK having a Human Rights Act (1998). As a result, for example, a number of asylum seeks have been detained without trial. Under a codified constitution they would be unable to introduce this legislation to restrict people’s rights and the only way to do this is to amend the constitution which would be difficult and a lengthy process. Parliamentary sovereignty is slowly diminishing in the UK and a codified constitution would not only decrease government sovereignty, but also increase sovereignty of theShow MoreRelatedDiscuss and Analyse the Arguments for and Against Adopting a Codified Constitution in the Uk.1662 Words   |  7 PagesDiscuss and analyse the arguments for and against adopting a codified constitution in the UK. A constitution is a set of rules that seek to establish the duties, powers and functions of the various institutions of government. They also regulate the relationship between and among the institutions and define the relationship between the state and the individual. There are many different types of constitutions. The constitution that is in place in the UK is an uncodified one. In other words, it isRead MoreShould the Uk Retain Its Uncodified Constitution Essay1369 Words   |  6 PagesShould the UKs constitution remain uncodified? A constitution is a set of rules which may be written or unwritten, establishes the distribution of power in a political system, the limits of government jurisdiction, the rights of citizens and the method of amending the constitution itself. An uncodified constitution is unwritten, or at least not written all in one document. The constitution in the UK is found in a variety of sources which are mainly statute and common law, conventions and traditionsRead MoreThe Constitution And Human Rights1171 Words   |  5 Pagesinspiring the US Constitution, Bill Of Rights (1791) and Human Rights (1948) declaration by United Nations. A constitution can be defined as a set of rules which regulate the government system within the state. It establishes the institutions and bodies of the system which provides the powers, duties and functions to be exercised and also interaction among each other. It also establishes the relationship between the government and the individual. The main classifications of constitution are based onRead MoreWith reference to the source, describe 3 sources of the UK constitution.888 Words   |  4 Pagesï » ¿PAPER 2 2010 JUNE 1. a: With reference to the source, describe 3 sources of the UK constitution. Common Law: It includes legal principles that have been developed and applied by UK courts, also it is legal precedent made by judges concerning, for example, the 1931 Donoghue v. Stevenson case had important consequences for the definition of the law of negligence. Conventions: Established norms of political behaviour rooted in past experience rather than the law. For example, the Salisbury ConventionRead MoreDefining Codification And Considering Its Relative Merits And Appropriate For Uk Legislation1034 Words   |  5 Pagesnature of the UK Constitution, from a wider European perspective, is a sufficiently powerful reason to pursue a codified Constitution for the United Kingdom. To codify or not to codify, that is the question, which this essay will address by defining codification and considering its relative merits and appropriate for UK legislation. Before exploring the tasks set, it is important to contextualize codification and a constitution through a definitionRead MoreIs a Written Constitution the Right Thing for the UK? 1538 Words   |  7 PagesI feel cautious in enforcing a written constitution into our country, I believe the current rights have been stable and a change may seem unnecessary. The current arrangements have served Britain well for centuries, simply by relying on conventions. In my opinion, we should focus our energy on sorting the ever-growing problems affecting our country, rather than over complicating a situation. By not having a written constitution, it allows us to ensure the current laws adapt to changing situationsRead MoreEnglish Law : A Non -codified Uk Constitution1398 Words   |  6 PagesMagna Carta was the important document which influenced the English Law to adopt a non –codified UK constitution. It was signed between the King John and the feudal ba rons at Runnymede, England in June 1215.The purpose was to end the King John‘s unfair use of his powers to made people of England suffered. It had a written clauses stating that King John would govern England and treat the people by following the customs of feudal law. It is significant as it set the foundation of the freedom of citizens’Read MoreCodified Constitutions Are Not An Essential Element Of Democracy1614 Words   |  7 Pagesthat codified constitutions are an essential element of democracy in that by clearly setting out the functions of each branch of government and their relations with each other and their citizens, this prevents an over powerful executive developing and ensures rights of citizens are protected. However, I believe that codified constitutions are not an essential element of democracy as there are examples of robust democracies which have uncodified constitutions and at times codified constitutions areRead MoreThe Constitution Of A Country s Government1634 Words   |  7 Pagesnot, it is important to understand the statement itself. Constitution is a set of rules standardising the power and duties of a country s government as well as the rights of its individuals. Currently constitutions come under two key terms; codified and uncodified constitutions. The UK and countries like Israel and New Zealand are a prime example of uncodified constitutions but that is not to say it is unwritten. Uncodified constitution is one that is made up of numerous written sources. MagnaRead MoreThe Constitutional System Within The United Kingdom1416 Words   |  6 Pagescategories: a codified written Constitutions (ie: United States), and an uncodified unwritten constitution (ie: United Kingdom). Some consider the UK constitution as a risk to the democratic society due to its flexibility and the chance of forming dictatorship. However, others believe that an uncodified constitution could be beneficial within a constant changing and developing society. Hence, rules and agreements could be easily modified and become up-to-date under an uncodified constitution, whereas

How I Changed My Family - 997 Words

There are many influential people in the world but the one that stands out the most to me happens to be in my family. The person I chose to interview that motivates me the most is my aunt Annette Walker. Growing up Annette was my favorite aunt she was like my second mother. At the age of 17 my aunt worked a full time job, and was a full time high school teacher. After my grandfather passed she was forced to get a full time job to help my grandmother pay bills so they wouldn’t lose their house. She was forced to grow up at an early age and she basically lost all of her youth days. Once my grandfather passed away it took a toll on my whole family. My aunt was in the 12th grade when my grandfather died and she had a full time ride scholar ship to culinary arts pastry school in Atlanta Georgia. She lost her scholarship because she was working full time and missed too many days of school. She was devastated and ended up dropping out of high school because everything just hit her al l at once. My family lived in one of the roughest neighborhoods around, they were aired on Gang Banging in Little Rock. Back then if you wasn’t going to school you were in the streets, selling drugs, or either part of gangs. My aunt had no motivation around her or no one to look up too because the only man she knew best was taken away from her so early in life. At the age of eighteen she moved out on her own to better herself and to get away from that horrible neighborhood.Show MoreRelatedHow I Changed My Family Essay1846 Words   |  8 Pageskeep. I grew up in Lynchburg Virginia and I had few people I considered friends. I wasn’t a very social person and liked to keep to myself over being in the company of others. I was always the person that my friends went to when they needed someone to listen to them. The way a lot of my friendships went was I would listen to them, offer help, and see where it went. I was not the person who opened up real easy. I wasn’t comfortable having others around except the few people I had considered my friendsRead MoreHow I Changed My Family1639 Words   |  7 Pagesbeginning of the semester, I learned a definition of the word family. It stated that a family is any parent-child relationship that cared for each other, that was committed to being in that relationship, and considered that group to be significantly attached. I am going to explore two theories and explain how I turned out the way I did, along with why my family functions the way it does. I will also reflect on things I have learned this past semester in this class. The first theory I chose was the AttachmentRead MoreHow I Changed My Family849 Words   |  4 PagesI have always known I was adopted, my mom, my adoptive mom has never kept this a secret from me. I loved my family that I grew up with; they never treated me any different. They were Caucasian and me, I was African American. When I was little I lived in three different states; Texas, Alaska, and Las Vegas. Growing up life was a little rough for me. I was always teased because my mom was white and I was black, my hair wasn’t how other expected for it to be, and kids would also make fun of the wayRead MoreEffects of Changing Times on Families Explained in The Changing American Family by Beam and The American Family Is No More by Bidwell563 Words   |  3 Pages The Changing American Family by Cris Beam and The American Family Is No More by Allie Bidwell. Both of these articles are explaining how the traditional American family has changed and that there is no traditional America n family anymore. These articles all explain how times have changed and families are growing more diverse and no longer follow the trends the once followed. While the article by Cris Beam was more based of statistics and how much things have changed, Allie Bidwells articleRead MoreBecoming A Writer By Russell Baker Essay1024 Words   |  5 Pagespast that later changed his perception of writing. After reading his piece, I reviewed the response questions listed below the essay to further my understanding of the piece. Almost like looking through a list of prompts as Russell did. The idea of a change in perception had me reflecting on memories from my childhood. I thought of the times spent with my family together and it wasn’t long before I realized just how much my perception of a nuclear family and marriage had changed based on the revelationRead MoreA Flight That Changed My Life713 Words   |  3 Pagesperceive it. My story might not outstanding to other people, but for me, it was a spectacular changed. For years in my life, I would never forget the first time I had my first flight. My family and I immigrated to a new country that I never thought of. Because of that flight, my life had changed from one culture to a different culture in just 24 hours on the airplane It was winter in 2006 when my family and I decided to move out of the country. One week before the departure date, my mum told meRead MoreThe Process Of Conducting Research991 Words   |  4 Pagesrelates to your I- search question. The I- search question that I am seeking answers to happens to be; what is the definition of family in today’s society? There are many methods of investigation that can be used to answer this question, but I have limited it to eight methods. The eight methods I have chosen are going to give me in depth information about my purposed I search question. The first method of investigation for my I- search project that would best help me gather information for my project isRead MoreSummary Of There Is Always A Rainbow After Every Rain Storm 991 Words   |  4 Pagesthroughout my childhood. I never truly believed it since I had a harsh childhood; but it wasn’t until I was about thirteen years old, a freshman in high school, that I started to see the beginning of the rainbow. My father was in a rough place in his life and had bumped into one of our family friends, Josue Tapia, whom we haven’t seen in months. Josue, or as we like to call him Don Hector, has been in an unstable position just like my dad. After a few minutes of talking Josue said that he knew how to turnRead MoreHow Family Dynamics Changed The World Essay952 Words   |  4 PagesFamily dynamics have changed in many ways over the past fifty to one hundred years. Recreational activities, including hobbies and holidays have changed as the â€Å"small world† seemed to expand with inventions of things like vehicular transportation and the internet. The development and sharing of ideas that resulted from increased communication over geographical areas led to changes in some values and beliefs over the years. Economic atmospheres have fluctuated, and with this so did employment opportunitiesRead MoreThe Flight, Everything Changed My Life788 Words   |  4 PagesThe Flight Everything changed . My way of thinking changed. My idea of the world changed . My reasons for studying changed . My way of sleeping changed . Everything changed when I got off that plane . But it was still me . I still wanted to play. I still wanted to get a car . I still wanted to waste my time . I still didn’t want to study. Before the plane, I didn’t have a reason to study. There weren’t many choices anyway . I didn’t even know if I needed to study. I could have died at any time

Management Theories of Myer free essay sample

As the largest department store chain in Australia, Myer runs its business in Australia more than 100 years, it has 60 stores all over Australia, and Myer is trying to maintain a leading position in the retail trade; a number of management strategies are applied. In order to know how Myer’s managers maintain the performance of Myer, this essay will focus on analyst the important characters of management theories that Myer will use in their management system in the future, including the area of motivation, managing in a global environment and managing information. Motivation Motivation can be defined as psychological forces that determine the direction of a person’s behaviour in an organisation, a person’s level of effort, and a person’s level of persistence in the face of obstacles (Waddell 2007, p227). T motivation of employees has a huge impact on the performance of the organisation, so to keep the employees in a high level of motivation will be a good strategy for an organisation to be more effective. We will write a custom essay sample on Management Theories of Myer or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In the annual report of Myer, it pointed out the wage and other benefits for store team members were increased, the contribution and commitment of Myer team members were recognised. This agreement can be identified as the extrinsically motivated behaviour, which is performed to acquire material and social rewards (Waddell 2007, p228). The more contribution team members make the more benefits they will get: wage hike, promotion and other rewards. Needs theories: A good manager should know what team members’ needs are. The Maslow’s five basic needs will help managers understand the needs of their members. Waddel et al. (p. 230) argues that the Maslow’s hierarchy of needs is from lowest level to the highest level. As mentioned before, Myer increased the wage in the past years, so the physiological needs for its members should be satisfied with that. Furthermore, the report also mentioned they were continued to improve the safety performance for their employees (Myer 2011, p11). To make the members know that they are in a safe job position will makes the members in a good working condition. Mayer also focused on its members’ belongingness need and esteem needs, in the past  year, there was a program called Store Management Development Program which helped build competency among high-potential team members who aspire to leadership position at Myer (Myer 2011, p22). Social interaction, communication skills and leadership training were included. At last, the members also can satisfy their self-actualisation at Myer by achieving the opportunities that Myer offered to them. On the other hand, in the annual report, Myer did not point out how they build the healthy competition among the membe rs. Equity theory: The definition of this theory is concentrates on people’s perceptions of the fairness of their work outcome relative to, or in proportion to, their work inputs (Waddell 2007, p239). The more you pay, the more you gain; this proverb also works on Myer. The increase in wage and other benefits is not for all members, only for those members who made contributions to the organisation or had a performance improvement, the money the earned should be equate to value they created. To keep the member in high motivation, Myer has a series of reward and punishment policies to make their members in an equate system. Learning theories: Managers also need to focus on increasing employee motivation and performance by linking the outcomes that employees receive to the performance of desired behaviours and the attainment of goals (Waddell 2007, p227). There are two main theories under the learning theories, which are reinforcement theory and social learning theory. According to Waddell (2007, p245), reinforcement means ‘people learn to perform behaviours that lead to desired consequences and learn not to perform behaviours that lead undesired consequences. The most common way that Myer used under the reinforcement theory was positive theory, increase in wage and other benefits. The desired outcomes that Myer’s managers used was raised the salary for the members who had more contribution for the company. On the other hand, the social learning theory works on Myer’s management system also. Myer encourage their members to learn some good behaviour or skills from other members, the managers will monitor the performance and correct the mistakes they made. In 2011, Myer received many positive feedbacks from team members and customers (Myer 2011, p11), which means the members were satisfied with this management theory and they were kept a good motivation, then they would try their best to provide services to fulfil customers’ needs. Managing in a global environment It is a more complex job for managers to operate a company based on the global business environment, but it can be also treat as a challenging for them, because it is a more open environment – organisations are free to buy goods and services from all over the world easily and convenient. The following paragraph will discuss how Myer managers operate the company in the global environment in 3 specific area, supplier, customer and competitor. Supplier: Myer has more than 800 suppliers all over the world currently, to achieve the goal of world-class supply chain,, Myer established two global sourcing offices in Shanghai and Hong Kong in 2011 to enable them to further develop their direct sourcing capabilities (Myer 2011, p11). In the global market environment, although managers have more choices on selecting the goods source from all over the world, how to identify the most suitable suppliers is a big problem for managers for years. Managers should consider about the prices, qualities and other aspects, so Myer open many offices distributed over the world to collect suppliers’ information. It is well-known that the goods produced in China have a price-advantage rather than the goods produced by other countries, for this reason, Myer will nearly double its direct outsourcing of fashion, homewares and merchandise from China to $ 200 million (Eli, G 2011). Myer may achieve price advantage compare to other competitors by increasing import goods from China. Customers: For different customers from different backgrounds, ages and groups, their requirements are different, managers should not only focus on only one group of them, but also need to identify the needs from all customers, and satisfy their needs. On the other hand, there are a huge number of foreigners live or travel in Australia, and the number of them is increasing sharply in recent years, so they are the potential customers for Myer, it is a challenging and opportunity for Myer to sell products to new customers from different cultures and backgrounds, a number of research should be arrange in the future to identify their needs and their shopping habits. Another significant problem existing is the language problems, a huge percentage of tourists from overseas may cannot speed English, it is a barrier to communicate between the sellers and customers, so the managers should find some possible solutions for this problem in order to increase the sales on the tourists. Competitor: It is not enough for a success organisation only provides inexpensive and high quality products, the managers of the organisation should know what happens on their competitors.

Taxation Practical Introduction Australian -Myassignmenthelp.Com

Question: Discuss About The Taxation Practical Introduction Australian? Answer: Introducation Brownlee (2016) defines a fringe benefits as an additional materialistic privilege which an employee receives along with his basic form of compensation such as his wages or salary. The Fringe Benefit Tax Assessment Act 1986 is the primary legislation which governs the provisions related to tax implications of fringe benefits in Australia.One of the primary requirements in relation to the existence of a fringe benefit is that it must move from the employer to the employee in an employment relationship. Where the requirement is addressed the benefit would be eligible to be taxed under FBTAA provisions. When an employee is provided a car by the employer which is additional to his wages or salary in from of a fringe benefit it is regarded as a car fringe benefit under FBTAA Section 7. It is stated by the legislation that when an employee uses the car which is owned by the employee totally or is on lease for private purpose, such usage would be considered under Car Fringe Benefit Tax. In the same way the usage of the car would be considered under Car Fringe Benefit Tax in case the car is provided to the employee for private use even where the employee does not put the car up for such use. The determination of car fringe benefits taxable value is done through the application of preexisting methods. There are mainly two methods provided under the FBTAA which are applied for this purpose. They are the Statutory Formula Method and the Operating Cost Method. The process of applying such methods for value determination is provided expressly through the provisions of FBTAA (Statutory Formula Method s 9 and Operation Cost Method s 10A and 10B). Under the provisions of section 9 the actual cost of the car is required to evaluate the tax value and in relation to section 10A and 10B the operational cost is required. In addition when it comes to the operating cost methods the extent to which the car has been used in a public and private manner has to be differentiated and on the other hand no such distinction is required in the application of the statutory formula method. Another difference between the applications of both the methods is that the Statutory methods requires additi onal documents to be applied appropriately. The present situation (Case facts) The issue in relation to the situation is that a car has been provided by Shiny Homes Pty Ltd (Employer) to Charlie (employee) in addition to his wage and salary. As per the definition of Car fringe benefit it would be treated as a fringe benefit under FBTAA provisions. The application of section 7 on the situation would provide an evident result that the car has to be subjected to fringe benefits tax. The issue in relation to determining the Taxable fringe benefit value can be resolved by the application of the two methods. Under both the methods the statutory rate which would be applied is 20%. This rate has to be multiplied with the cars base value to determine the taxable value of fringe benefit. As discussed above personal and private use of the car has to be differentiated in relation to the calculation under the operating cost method and not under the statutory formula methods. This has been done in the following computation Statutory method Operating Cost Method: In relation to the provisions of section 11 (1) the deemed depreciation is computed by applying the statutory rate of 25%. In relation to the provisions of section 11 (2) the deemed interest is computed by applying the statutory rate of 5.65% for the year 2016/17. As evident from the above computation the method which provides a lower value of taxable fringe benefits is the Statutory method. Thus this method is to be preferred over operational cost method to derive the taxable value. In the present situation it has been given to use that the employer had rented the car for letting the employee use it for the purpose of his wedding. The employer also provided the honeymoon cost incurred by Charlie. These benefits have to be taxed under the FBTAA. Provisions for parking fringe benefits are set out by section 39A of the FBTAA which arise only when the parking of the car is done on a place owned or hired by the employer. However the parking in this case have been separate thus it cannot be taxed. In the situation stated by the case study it has been provided that both Allan and Betty have made a decision that they want to change tree. They have also taken a decision to sell off their house which is located in Melbourne and with its proceeds purchase a country house which is located in Victoria. Therefore as this transaction would not be considered under tax implications. Allan and Betty earn a living working as a locum doctor and a part time accountant respectively. Therefore under the provisions of section 6-5 of the Income Tax Assessment Act 1997 the income of Allan and Betty would be subjected to income tax implications. In addition to these facts the case study also states that Allan as a result of his popularity within his professional field gets food and cakes in form of a token of appreciation within the clients. Although the fees which Allan charges is subjected to the provisions of ITAA the cakes and food would not be liable to be taxed as the commercial value of the se products is only $35. Allan has also been gifted with a wine bottle which is valued at $360, thus it is going to be included towards assessable income tax provisions of the ITAA. Indications are provided though Taxation Ruling TR 97/11 which helps to differentiate activities between hobbies and business activities. These indications are as follows The intention of the parties is one of the primary differentiating factor between a business activity and a hobby. Where the intent is commercial it depicts business activity and where the intent is non-commercial it depict a hobby. Business activities are primarily carried out to make profit and hobbies are carried out for personal satisfaction Business is constituted when the people associated with it have some form of commercial relationship such as an employment relationship whereas in a hobby the relationship is personal. A hobby generally include a low level of investment and on the other hand high investment is required in relation to a business activity A business activity has to have a registered place on the other hand a hobby can be carried out without a place. The case of Cooper Books Pty Ltd vs. Commissioner of Taxation of Commonwealth of Australia ruled that the profit generated from a hobby is to be treated as an income of the person. The marmalade made by Betty has become famous among the neighbors. Therefore she made a decision of opening a stall and selling the product every next Sunday. It had been stated by the principles provided in the case of Martin v. FC of T (1953) that no lone activities is capable of providing exclusive evidences and contains place on top indicators. However in the situation of Allan and Betty the nature of the activity is recurring. Thus their activities would be subjected to tax consequences. As provided by the Australian Taxation Office (ATO) a barter system transaction is to be subjected to tax under GST and ITAA rules. This can be stated as this system of business is considered same as business under cash or credit transaction. According to the provisions of Subsection 25 (1) of the ITAA the revenue generated from this business is eligible to have tax implications. According to the provisions of F.C. of T. v. Cooke Sherden 1980 profit gained form the barter system implemented by Allan and Betty is liable for GST as per GSTR 1999 and ITAA. This is evident as the income which has been generated through Barter system is to be treated same as credit and cash transaction. Reference List: Bloom, I.M. and Joyce, K.F., 2014.Federal Taxation of Estates, Trusts, and Gifts. LexisNexis. Brownlee, W.E., 2016.Federal Taxation in Australia. Cambridge University Press. Coleman, C. and Sadiq, K. (n.d.).2013Principles of taxation law 2013. Feld, A., 2016. Federal Taxation of State Tax Credits. Finkelstein, M., 2014. Cases on Federal Taxation (Book Review). Kenny, P. 2013.Australian tax 2013. Chatswood, N.S.W.: LexisNexis Butterworths. Morgan, A., Mortimer, C. and Pinto, D. 2013.A practical introduction to Australian taxation law. North Ryde [N.S.W.]: CCH Australia. Murphy, K.E. and Higgins, M., 2014.Concepts in Federal Taxation 2015. Cengage Learning. Nossaman, W.L. and Wyatt Jr, J.L., 2016. Income Taxation of Trusts and Estates.TRUST ADMINISTRATION AND TAXATION,2. Oestreich, N. and Keane, M., 2016. ACCTG 503 Federal Taxation of Individuals. Pope, T.R., 2016.Pearson's Federal Taxation: 2017 Comprehensive. Prentice Hall. Pyrmont,2014 NSW Australian Taxation Law Cases. Thomson Reuters. Schenk, D.H., 2016.Federal Taxation of S Corporations. Law Journal Press. Willbanks, S.J., 2015.Federal taxation of wealth transfers: cases and problems. Wolters Kluwer Law Business. Woellner, R. 2013.Australian taxation law 2012. North Ryde [N.S.W.]: CCH Australia. Woellner, R., Barkoczy, S., Murphy, S., Evans, C. and Pinto, D. 2014 (n.d.).Australian taxation law.