Thursday, October 31, 2019

XYZ (Pvt) Ltd Case Study Essay Example | Topics and Well Written Essays - 1250 words

XYZ (Pvt) Ltd Case Study - Essay Example According to the company’s view, there are many basic aspects to be referred and people to be approached before the actual proceedings begin. At this juncture, the management can be advised by every aspect that they see the name and the knowhow are protected from being used by others. Since the scope of the scope of the product is promising and profitable in the long run and also while considering its unprecedented features, there seems every chance of this product getting a hit on the sales chart shortly. Taking into account all the possible features and benefits of getting the brand name and the patent registered, there needs a detailed study in this regard while it is strongly recommended that the company go with legal validation of their legally entitled right over this particular piece of intellectual property of Mr. Aimee. The finding Trademark registration and patent authorization come under way to defend the strength of the original makers of any product involving the investment of intellectual components. The very fact that the commercial world today has gained a saleable value for almost every human effort much to the relief of creative art lying in scientific development. A performer with a commercial intent, an artist with a monitory objective, or an organizer or producer of such events all come under the stakeholders of this wide web of intellectual property rights. In the absence of this right or the laws that enforce it and secure the creative achievers, the word business would not have its face today. According to certain clear information, patent of ownership of the intellectual property and its use can be protected by...In such cases, the need for obtaining registered identity recognition becomes essential for the safety of the developer’s innovative ideas. Conclusion While considering the commercial value of the new product and its innovative effect in a trend setting sales acquisition potential, the stand of the company at the moment is to be diverted and the management needs to be encouraged to file the application for the registration proceedings. When the details of studies on the importance of intellectual property registration as well as the trademark registration from both business and corporate social responsibility angle, the company is bound to ensure that their product is not misconceived by the people in the future course of business. It is also recommended that M/s XYZ endorse with the legal protection of its software in order to boost the morale and dedication of employees of all business where they feel their enterprising skills are recognized and preserved by the owners. Above everything, the little strain the company will have to take during the registration process can prove worthwhile once the product gets a spot in the hit cha rt of software sales.

Monday, October 28, 2019

Alexander The Great Essay Example for Free

Alexander The Great Essay One of the most popular and secular figure in history is Alexander the Great, who was great military leader and king. As you know he was the son of King Philip II, born in Macedonia (356 BC). His father Philip was a great and energetic ruler of his time. Alexander was taught by Aristotle. He learned philosophy, ethics and politics from him. In very early age he stared showing interest in military and showed his brilliance performance in commanding the Macedonians battles in his teens. He helped won the battle of Chaeronea at 18. THE TIME PERIOD He ascended the throne of his father in 336 BC, after the assassination of his father, and took over Thessaly and Thrace. He greatly expanded the kingdom of Greek and Macedonian. He defeated Persian army in 334 BC at the Granicus River. He was destined to rule Asia after he cut the knot in Phrygia 333 BC. He also defeated Persian King Darius III at the battle of Issus 333 BC. Later he expanded his power to Syria and Phoenicia completely rooting off Persians from their port. One of his greatest military achievement was the conquest of Tyre in 332 after which he overcame Egypt. GEOGRAPHY There he founded Alexandria. Then he took control of East Mediterranean coast and again defeated Darius at Gaugamela. Then he conquered Babylon.   In Persia he formed an empire ruled by both Persians and Macedonians. He also took control of Oxus and Jaxartes rivers and founded more of Alexandria cities. He married Persian princess Roxana. He died at the age of 33 after heavy drinking and buried in Alexandria, Egypt. His conquest extended from Thrace to Egypt and from Greece to Indus Valley and expanded Greek and Macedonian Empire. Under his rule, he conquered almost the entire world of his era and expanded the empire of Macedonia and Greek. CLIMATE OF THE AREA The weather was cloudy and occasionally sunny. RELIGIONS OF THE PEOPLE Alexander thought that he had a divine origin. He believed this because of his mother’s conception that he was born from serpent not Philip. This affected much of the Alexander’s life and at some stage of his life he visited Temple of Ammon in Siwah to consult god and to trace his birth. Just like Hercules birth was traced to Zeus, he considered his origin from serpent, Ammon. He wanted to draw a clear connection between him and Hercules, therefore, the coins he minted bear face of Hercules with great resemblance to Alexander. In this way, he stretched the message of his divine origin through out his conquered world. Alexander was also introduced as proskynesis (the one before him others bow) to proof his divinity. The one who is very superior king and all others are inferior to him and should bow in front of him. After the death of Alexander, his successors started to fight for the domination. His empire was then divided in various small empires, namely Egyptian Empire, Seleucos and Macedonian Empire. Most powerful and strongest among these were Egyptian empire. IMPORTANT PEOPLE OF THE TIME Homer was Alexander’s favorite. He used to sleep with a copy of Iliad under his pillow. He learned a lot from Aristotle. When he was 16, he acted as regent of Macedonia. He then thrashed Thracians and founded a new city Alexandropolis. He also went to the Battle to help Philip and saved his life and army.1 He was first taught by Leonidas, who was very strictly disciplined and instilled in him simpleton and abstinent nature. Then he was taught by Lysimahcus. Lysimachus taught Alexander to play lyre, fine arts, music, poetry and drama. At the age of 13 he was taught by Aristotle. THE POLITICS Alexander ascended the throne after the murder of his father and took hold of the troubled kingdom. Alexander Marched towards Athens and Thebes and towards northern side to take hold of the cities who were threatening to break away from Macedonians after Philip’s death. He subdued Athens and Thebes and repelled northern barbarians. Most of the Alexander’s success was due to political and military strength of Philip. Philip’s large contribution to the Macedonian army and acquisition of alliances with Balkans, strengthened his own kingdom and expansion of their empire in Alexander’s era. Philip ascended to the Macedonian throne in 359 BC. At that time, Macedonia was suffering from a defeat and their political and military power was destroying at the hands of Illyrians.2

Saturday, October 26, 2019

Surgical Pain Relief: Multimodal Analgesia And Paracetamol

Surgical Pain Relief: Multimodal Analgesia And Paracetamol INTRODUCTION As a nurse on a surgical ward dealing with a diversity of operating procedures it is important to understand the effects of surgical pain, as pain intensity and control is an integral part of the nursing duties. Layzell (2008) argues that pain management for postoperative patients should be a priority for all healthcare professionals. Furthermore having a say in how medications are administered but not prescribing drugs also means that it is essential to have an understanding of pharmacology. This ensures that informed discussions can talk place with the medical officer when it is felt that pain relief for a patient requires review. Additionally this enables the right balance of pain relief to be administered to minimise distress for the patient throughout their surgical journey. According to Lucas (2008) the benefits and adverse effects of the different types of analgesia also need to be considered when treating postoperative pain. Pain is a complex phenomenon that is difficult to define. The most general definition used was published by the International Association For The Study Of Pain (IASP) in 1979 and refers to pain as an unpleasant, sensory and emotional experience arising from actual or potential tissue damage or described in terms of such damage (IASP  2010). Pain is also subjective and the intensity can only be experienced by the sufferer (Mann and Carr 2006). Neurophysiology there are three types of pain receptors communicating pain signals through nociceptors or pain fibres (Mann and Carr 2006). These receptors can be found in the skin, surfaces of the joints, periosteum (the specialised lining around the bone), arterial walls and certain structures in the skull, although the brain itself does not have any of these receptors (Mann and Carr 2006, p3). Each receptor reacts to a different stimulus. The mechanical receptor to touch, thermal to heat or cold and chemical to products present in the body that are released after trauma causing inflammation and increased sensitivity at the wound site (Mann and Carr 2006). The chemical receptors also react to chemicals introduced into the body (Mann and Carr 2006). The nociceptors are the sensory instruments that transmit pain signals through sensory nerve fibres to the dorsal horn of the spinal cord and into the brain (Mann and Carr 2006). There are three types of nerve fibres: A-delta responds to mechanical or thermal sensations, C fibres also known as polymodal because they respond to mechanical, thermal and chemical influences and Aà ¢Ã¢â€š ¬Ã¢â‚¬Ëœbeta fibres which occur in the skin, reacts to touch but does not transmit pain sensations (Mann and Carr 2006). Psychologically pain can induce fear, anxiety, anger, frustration and also a sense of helplessness may be experience from being unable to physically control the intensity of the pain being felt (Rothrock et. al. 2007). Physiologically pain can reduce the functions of the immune system whilst increasing the potential for wound and chest infections as well as impairing the wound healing processes (Middleton 2003, Pudner and Ramsden 2010). Pain also induces vomiting, increases the workload of the cardiovascular and gastrointestinal systems, decreases lung capacity and can also reduce physical mobility (Middleton 2003, Rothrock et. al. 2007). Traditionally following surgery, a single opioid drug such as morphine is used, depending on the type of surgery performed, for moderate to severe or acute pain (Shorten et. al. 2006). It is argued that patients who receive this monoà ¢Ã¢â€š ¬Ã¢â‚¬Ëœtherapy would prefer to be treated with non ­Ãƒ ¢Ã¢â€š ¬Ã¢â‚¬Ëœopioid remedies (Shorten et. al. 2006). According to Mann and Carr (2006) using the monoà ¢Ã¢â€š ¬Ã¢â‚¬Ëœtherapy method only targets one pain pathway and although morphine is considered the gold standard it tends to have many adverse effects. These include a 0.2% risk of respiratory depression, sedation, urinary retention, nausea and vomiting which affects around 30% of patients, itching or pruritus, hypotension or low blood pressure plus confusion and hallucinations in the elderly (Mann and Carr 2006, Rothrock et. al. 2007, Manley and Bellman 1999). Some of these side effects are controlled with antià ¢Ã¢â€š ¬Ã¢â‚¬Ëœemetics for sickness and antià ¢Ã¢â€š ¬Ã¢â‚¬Ëœhistamines for pruritus (Rothrock et. al. 2007). Combinational drug therapy began in the 1950s (Michielsen 2007). Since then there has been increasing developments in establishing opiate sparing analgesic regimes with fewer side effects for surgical pain (Shorten et. al. 2006). Painkillers such as paracetamol (acetaminophen) can be combined with drugs from the codeine group, tramadol and non-steroidal antià ¢Ã¢â€š ¬Ã¢â‚¬Ëœinflammatory drugs (NSAIDs) as part of a multimodal regime (Manley and Bellman 1999). This allows for lower doses of individual drugs to be given, reducing the severity of adverse events and targeting more than one pain pathway as each drug has a different mechanism of action (Shorten et. al. 2006). Paracetamol is a universal drug that is generally well tolerated but its mechanisms are not fully understood (Mann and Carr 2006). There are only mild to rare reported occurrences of side effects such as skin rashes and other allergic reactions (Manley and Bellman 1999). Paracetamol, a member of the non-opioid group is one of oldest known synthetic analgesic and antipyretic drugs (Manley and Bellman 1999, p470). Being also an antipyretic paracetamol has the ability to reduce fever temperature (Pudner and Ramsden 2010). It can be administered orally, rectally or intravenously in the form of a prodrug known as perfalgan or propacetamol (Manley and Bellman 1999, Royal Pharmaceutical Society of Great Britain 2007). Prodrugs are treatments that need to be broken down in the body before they become active (MedicineNet 2010). It is suggested that paracetamol should be used as part of a multimodal regime for surgical patients experiencing mild to moderate pain (Pudner and Ramsden 2010). Multimodal treatments involve combining drugs to form a compound in order to increase pain relief and reduce opioid adverse effect (Shorten et. al 2006, Manley and Bellman 1999, Pudner and Ramsden 2010). These combinational drugs are regulated by the Medicines and Healthcare Products Regulatory Agency (MHRA) and European Medicines Evaluation Agency (EMEA) and only a limited number has been approved (Shorten et. al 2006, Department of Health 2010). Pharmaceutical companies have also introduced several fixedà ¢Ã¢â€š ¬Ã¢â‚¬Ëœdoseà ¢Ã¢â€š ¬Ã¢â‚¬Ëœcombinations such as coà ¢Ã¢â€š ¬Ã¢â‚¬Ëœcodamol a combination of codeine phosphate, a weak opioid and paracetamol as well as coà ¢Ã¢â€š ¬Ã¢â‚¬Ëœdydramol a compound of dihydrocodeine and paracetamol (Shorten et. al 2006, p185). The main side effect of these codeine products is constipation, which can be remedied with a mild laxative (Manley and Bellman 1999). Tramadol, another weak opioid can also be combined with paracetamol (Manley and Bellman 1999). The side effects of tramadol include minimal respiratory depression, nausea, vomiting, dizziness, headache and sweating (Manley and Bellman 1999). Using this drug appears to defeat the object of reducing opiate contraindications but the combination is generally well tolerated and effective for moderate to severe pain (Shorten et. al. 2006). Rothrock et. al (2007) argues that combining NSAIDs with opioid drugs effectively reduces opioid usage by 20-40%. However increased postoperative bleeding and the chances of developing gastrointestinal ulcers cause NSAIDs to be used sparingly for surgical patients ((Rothrock et. al. 2007). The Human Rights Act 1998 states that ethically it is the duty of all healthcare staff to ensure that patients are protected from any form of torture, inhuman and degrading treatment and punishment (Office of Public Sector Information 1998, Article  3). Nurses are also responsible for their actions and as such must be able to justify decisions made or omissions which affect the wellà ¢Ã¢â€š ¬Ã¢â‚¬Ëœbeing of a patient (Nursing and Midwifery Council 2008). From a surgical nursing perspective this means it is imperative to ensure patients receive good pain management following their operation. However according to a recent study by Dolin, Cashman and Bland (2002) one in five patients still report severe postoperative pain. Manley and Bellman (1999) suggest patients commonly believe that pain is acceptable following surgery. While Pudner and Ramsden (2010) argue that postoperative pain should be controlled and patients should not expect or see pain as inevitable. This literature review aims to firstly evaluate current research and evidence in relation to the use of paracetamol as one part of a multimodal analgesia regime for surgical pain relief. Secondly to use the results to make recommendations for standardising multimodal pain control for postoperative patients and re-educate staff on the importance of effective pain management. METHODOLOGY Search Criteria For this literature review an advanced search was carried out over the internet. The health and medical sciences specific databases of Cumulative Index to Nursing and Allied Health Literature (CINAHL), Medical Literature Online (MEDLINE), Cochrane Library and Internurse.com were explored (Thomas 2000). CINAHL includes full text and is the most relevant source of information for nursing while MEDLINE focuses on life sciences and is produced by the National Library of Medicine (LoBiondo-Wood 2010, p68). The Cochrane Library holds a collection of systematic reviews and Internurse.com has journal articles written by nurses (LoBiondo-Wood 2010, p68). The Cochrane Library was used to determine if any critical reviews had previously been carried out on the subject of paracetamol being used as part of a multimodal regime for postoperative patients. Only 4 papers were found. Internurse.com was exploited for articles containing current knowledge on the use of multimodal therapy for surgical pa tients. These editorials were utilised within the introduction. The keywords or inclusion criteria for the literature search included paracetamol in the title while the words surgical and post operative were left optional to increase the depth of the search. Truncation or wildcards were employed to make the search more sensitive and specific to the topic being researched as follows: surgical surg* and post operative post op* (Gerrish, and Lacey 2006). The search mode was set to Boolean which defines the relationships between words or groups of words in a literature search (LoBiondo-Wood 2010). This process involved using the word AND before the truncated words surg* and post op*. The date time frame was also limited from 2000 to 2010 to ensure that the studies were up to date and relevant to present day policies and procedures for pain control (LoBiondo-Wood 2010). Restrictions were also placed to only include papers that were based on humans, research papers and in the English language. Humans were selected as experiments on animals due to their biological makeup was not considered to be relevant to controlling postoperative pain in human beings. As this is a literature review it was appropriate to only select research papers for analysis. Language was also deemed to be significant as finances and the time schedule to complete the review did not allow for interpretation of the papers from other Dialects. Expanders were included to find papers that had related words and for the search to be carried out within the full text of the articles. Review 8 papers resulted from the above search criteria. These were then screened using inclusion criteria, the titles and abstracts to determine their relevance to relieving surgical pain with multimodal analgesia therapy. The inclusion criteria was trials that included patients who had received paracetamol (acetaminophen) postoperatively, trials that included multimodal therapy, papers that were published within the last 10 years, subjects who were adults as my surgical setting only treats patients over the age of 18 and within a hospital environment. Exclusion criteria were trials that involved animals or children as discussed earlier. The types of interventions could include any routes for drug administration as paracetamol can be administered via intravenous, oral or rectal modes. One paper was excluded from the review at this point as it was a monoà ¢Ã¢â€š ¬Ã¢â‚¬Ëœtherapy trial for paracetamol. The remaining 7 papers met with the inclusion criteria and were scored for methodological quality using a critical appraisal skills programme (CASP) containing 10 questions {{488 Public Health Resource Unit (PHRU) 2007}}. The questions were answered yes, no or cant tell for each paper. Using a tool provides a way of systematically appraising what is published and filtering through papers to determine their relevance and accuracy {{427 Crookes, P. and Davies, S. 2004}}.

Thursday, October 24, 2019

Blue Crabs :: essays research papers

The scientific name given to the blue crab was derived from Latin and Greek: Calli, beautiful; nectes, swimmer; and sapidus, savory. Thus, a literal transition might be the beautiful savory swimmer.   Ã‚  Ã‚  Ã‚  Ã‚  The blue crab is an important and interesting species. The blue crab is a species whose life history involves a complex cycle of planktonic, nektonic, and benthic stages which occur throughout the marine environment in a variety of habitats. The blue crab is one of the more abundant estuarine invertebrates and supports important commercial and recreational fisheries along the Atlantic and Gulf coasts. The blue crab plays an important role in the marine food web, providing prey for many species and a predator on other species. The blue crab is a highly prized commodity to consumers.   Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  Eight species of Callinectes have been documented in the Gulf of Mexico: C. bocourti, C. danae, C. ornatus, C. exasperatus, C. marginatus, C. similis and C. rathbunae, and Callinectes sapidus.   Ã‚  Ã‚  Ã‚  Ã‚  The original range of the blue crab is from Nova Scotia and throughout the Gulf of Mexico to northern Argentina. The blue crab is rarely found north of Cape Cod, but has been recorded in Maine and Nova Scotia. The blue crab has been introduced into Europe, North Africa, and Southwest Asia. Introductions into the Mediterranean Sea and surrounding waters have produced breeding populations whereas others were probably temporary occurrences. The blue crab also has been introduced into Japan.   Ã‚  Ã‚  Ã‚  Ã‚  Blue crabs are one of the most common marine invertebrates and are generally abundant throughout the oceans. Peak abundance of adult crabs occurs during the warmer months. During winter, crabs are found in areas of tidal exchange in the lower estuary. Juvenile blue crabs are most abundant in waters of low to intermediate salinity during the winter months.   Ã‚  Ã‚  Ã‚  Ã‚  Males become sexually mature at the 18 or 19th molt but may continue to grow and molt an additional 3-4 times thereafter. Female crabs were initially thought to rarely, if ever, molt again following their mature molt. However, mature females undergoing a second molt have been verified.

Wednesday, October 23, 2019

Should Ministers or Senior Bureaucrats Be Held Accountable for the Department?

Collective and Individual Ministerial Responsibility: Should Ministers or Senior Bureaucrats be Held Accountable for the Department? For years, Canadians have stood by and watched as officials of the Canadian government have been questioned, accused and held up for public scrutiny on issues of misappropriation of funds, personal and public scandals, and inappropriate departmental spending of taxpayers’ dollars. In the public eye, Ministers abused their public authority and were inadequately serving the public.Lack of confidence was evident when election time arrived and voter turnout was dismal at best. In 2008, the lowest voter turnout on record was at 58. 8% and most recently, voter turnout has been 61. 4%, the third lowest in Canadian history. Public perception of government, from Prime Minister down to department clerk, has held a lack of confidence. There was a need for enforceable measures to be put in place to make certain responsibility, answerability and accountabilit y were at the forefront of government ministries.Stephen Harper ran his 2006 â€Å"Stand up Canada† campaign stressing accountability in government. â€Å"For those Canadians seeking accountability the question is clear: which party can deliver the change of government that’s needed to ensure political accountability in Ottawa? We need a change of government to replace old style politics with a new vision. We need to replace a culture of entitlement and corruption with a culture of accountability. We need to replace benefits for a privileged few with government for all. † The mantra paid off and the disheveled Liberal party was ousted from power.Prime Minister Harper promised the Canadian people corruption would end and backroom deals would be history. The first bill tabled by the newly-elected Conservative government, Bill C-2, was the Federal Accountability Act, introduced by President of Treasury Board, John Baird, and was passed by the House of Commons on Ju ne 22, 2006, by the Senate on November 9, 2006, and granted royal assent on December 12, 2006. The Act and Action Plan provided conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability.Based on Britain’s Westminster model for responsible government, Canada’s Parliament has a responsibility to hold the government to account, as well as all Ministers, collectively and individually. While senior bureaucrats in public service are not directly accountable to Legislature, they are directly accountable to superiors of their department, internal government authorities, and the courts. Accountability should be the responsibility of those who have the greatest opportunity to control departmental situations.Therefore, it is not reasonable to blame Ministers for the actions of their Department, as it is the Deputy Ministers and Senior Bureaucrats who run the day to day operations of Ministerial departments and influence not only the development of policy, but the implementation of policy. At the root of Canada’s parliamentary structure is the British model for a responsible government known as the Westminster model, whereby a Cabinet Minister bears the ultimate responsibility for actions of his Ministry or department.Before a law can be passed, the symbolic monarch, in Canada’s case the Queen, a lower house of members elected by citizens and the upper house of appointed members, must approve legislation. The principle of a collective agreement remains, regardless of how legislation procedures may vary. This doctrine is the principle for a responsible government and accountability is essential to guarantee that an elected official is answerable for actions made. There is no common model for accountability however the Westminster system relies on Ministers being accountable in the House of Commons and to the electorate.The functioning of government management depends on the democratic principle of accountability for all elected officials. Ministers are career politicians and hold the majority of power and authority within the democratic government, after the Prime Minister. At the top of the hierarchy, in the Westminster model, is the Minister, followed by the Deputy Minister, departmental management and then front line public servants. Accountability flows upward and the degree of responsibility depends on how much authority has been delegated to a particular individual within the organization.Accountability enforces and enhances responsibility. Being able to understand each official’s responsibilities, one must recognize there are different components to consider. There are two different types of Ministerial responsibility, collective and individual. These two terms are â€Å"separate but interrelated unwritten rules of behaviour in the operation of parliamentary government. † Collective Ministerial responsibility is a co nstitution convention that dictates the prime Minister and the Cabinet must publicly support all government decisions, or suppress any criticism.In any case a Minister cannot hold true to this, they must object and ask the governor general for the act of ending parliament, if the House of Commons passes a vote of non-confidence. If they are not willing to endure this process, they must announce their resignation. On the other hand, individual responsibility refers to a Minister who holds a Cabinet office, which has the obligation to take responsibility of the policies they introduced. The responsibility still has to be accepted by the Minister â€Å"even if the minster did not approve an action in advance or had no knowledge of it. In a â€Å"nutshell† it means, â€Å"the minster is responsible for everything done in the department. † Major components of individual responsibility consist that Ministers will be held accountable or even forced to resign if any serious a dministrative errors occur within their department. Another traditional component is that the Minister must summarize and be willing to support the actions, to the presence of parliament, which his or her department is pursuing. Governments tend to be left with the messy, complex, and difficult jobs – and the messy, complex, and difficult results are harder to define and measure. † It is hard to pinpoint responsibility in the government, whether it be collectively or individually, because there will always be criticism and complexities arising within parliament due to the difficulty in these jobs. Black and white answers are non-existent when it comes to implementation of policies and procedures on how to run the government and attend to the public.The reasoning behind it is due to the fact that one cannot judge or assess the exact results that will affect both the short and long term outcomes. The path for finding the individual(s) who must be held accountable for said actions may be described as being intricate, because of the difficulty of first finding who is responsible. When looking at the hierarchy within the government, you realize senior bureaucrats have more authority than you are lead to believe.Stephen Harper has tried to pursue to answer these black and white answers by taking the steps to distinguish and strengthen responsibility. Some of Stephen Harper’s initiatives in â€Å"Stand up for Accountability† were strengthen auditing and accountability within departments. The sponsorship scandal first came to light in an internal audit – an audit that the Liberals initially tried to cover up. Under the Liberals, the lines between Ministers and non-partisan civil servants have been blurred, and clear lines of accountability need to be re-established.The Conservative government will give the Comptroller general overall authority for internal audit function in each government department, designate the Deputy Minister of each government department or agency as the Accounting Officer for that department, which that Deputy will be responsible to Parliament for the departmental spending and administrative practices of his or her department. Also, in the event of a disagreement between a Minister and Deputy Minister on a matter of administration, the Minister must provide written instruction to the Deputy Minister and notify the Auditor General and Comptroller General of the disagreement.The position of Deputy Minister in the Canadian government is one of the most contentious and vital appointments. Their responsibilities are both political and non-partisan as they function between the non-partisan civil service and the political realm of executive and elected officials and executives. Deputy Ministers are accountable to the Minister, the government, their Ministry, agencies, and Parliament. They provide Ministers advice that comes from the civil service, and they also â€Å"carry out† any delega tions of authority that come from the Minister.Appointment to Deputy Minister is at the Prime Minister’s discretion and likewise, being relieved of their duties is the same, at the Prime Minister’s discretion. Senior bureaucrats service the government and as one Deputy Minister stated, â€Å"As soon as he assumes his duties, the Minister signs a delegation of authority for me, and then I become the person responsible to him†¦ and the person in command. † It is a â€Å"relationship full of paradoxes. † â€Å"The most important player in the Canadian political system† are â€Å"extremely busy people. â€Å"Dealing with Prime Minister’s priorities, implementing the government’s agenda, protecting the Minister, networking with other deputies, the provincial governments, and the department’s stakeholders, articulating and promoting the department’s interests, as well as managing political crises can consume much of a D eputy’s ten to twelve hours. † Accountability is always a topic for discussion as senior bureaucrats hinge between political and non-partisan. What is clear is that, â€Å"Deputy Ministers are not accountable to the public or to Parliament. They are accountable to the Prime Minister, and to a lesser extent their Minister, the clerk of the Privy Council, the Treasury Board, and the Public Service Commission. † Overall, [for Deputy Ministers] â€Å"the lines of accountability are not clear nor are performance measurements, despite extensive literature that shows how difficult it is to evaluate performance in government. † Government hierarchy stature insists that the higher power be held accountable, although it should not always be the case.Cabinet Minister, appointed by the Governor General on behalf of the Queen, are the head of government departments. Each department has some type of specialization, whether it is law, trade, foreign affairs, or finance. These members of parliament are chosen for their portfolio because they are supposed to be the â€Å"best qualified† to assist the prime Minister in running the country of Canada. However, the reality is that most are chosen either because of a personal relationship with the prime Minister, or because they lend the right balance to the Cabinet as far as ethnicity, gender or geographic location.As a result, the Minister’s appointment can be disguised as â€Å"qualified† thus leaving the Canadian people with a false hope that they are right for the job. Most Cabinet Ministers are not qualified to handle the department, mentally or intellectually, and rely heavily on the Deputy Minister to handle the day-to-day operations. â€Å"It is Deputies and not Ministers who actually manage the departments of government. And that’s the way it should be. Ministers have neither the time nor (as a rule) the skills to manage large institutions. Furthermore, senior bureau crats hold office impartially, over the years serving different political parties, and are qualified bureaucrats with a considerable amount of knowledge, experience and time served. Regardless of who is in office, a Deputy Minister must be neutral and non-partisan in order to get all bureaucrats to achieve the goals of the Minister and the ruling party. As leading management under the Minister, there is ample opportunity and authority for senior bureaucrats to alter the vision bestowed upon the department by the Minister and change opinions and actions of the other bureaucrats.Senior bureaucrats are allocated to manage and administer directly under the law, because of these expectations, Parliament should hold them accountable for the performance of their duties and implementing their authority. The article about authority and accountability has given great insight and is the most compelling when determining how officials are elected and the real responsibilities each department/ind ividuals carry. Not only does the article show the specific details to being a Cabinet Minister, but also talks about the civil servants and the Privy Council Office.The Privy Council Office (PVO) is the highest ranking bureaucratic agency in Canada, very important and powerful, and the Clerk of the Privy Council, known as the â€Å"Secretary to Cabinet† is head of the public service of Canada. The Clerk serves as the â€Å"spokesman of the bureaucracy† to the executive branch in the Canadian government and is appointed by the Prime Minister. One duty is to swear in the Prime Minister, which is somewhat of a symbolic gesture confirming the relationship between the two offices.Like the Deputy Ministers, the Privy Council Office is supposed to be non-partisan, and their advice and recommendations are technical and professional in nature. The Prime Minister is not always in favor of the PVO and has his own alternative organization, the Prime Minister’s Office (PMO) , headed by the Prime  Minister’s  Chief of Staff, which advises and coordinates the Cabinet and bureaucracy mostly on the basis  of ideology, partisanship, political strategy and public image.Since the PVO and the PMO have two significantly different objectives, it is safe to say the two networks of advisers do not always get along. The PMO has eclipsed the PCO in terms of relevance and power, and the question is whether the era of non-partisan advisers is over. Much of this was due to the perception amongst many in the public, and some members of parliament, that â€Å"the executive had rule over Parliament, but the civil service had rule over the executive. â€Å"Governments indiscriminately added functions, tasks, and accountability requirements to the machinery of governments without rewriting the traditional bargain. † Further, â€Å"governments now tend to concentrate some policy and decision-making authority with a few key officials, who carry an unmana geable burden, but they also defuse authority on other issues to the point that accountability evaporates. † The problem can be summarized as follows: â€Å"Political and policy actors have lost the sense of the traditional space that they are expected to occupy.MPs no longer call the government to account; Ministers are not making policy; the prime Minister, the Prime Minister’s Office, the Privy Council Office, and a handful of senior Ministers now fill more functions than they should; and the public service is increasingly uncertain about its role in policy and management. † Bureaucrats administer and implement the laws and policies of the Government of Canada and, in that capacity, should not act unethically even if they believe what they are doing is justifiable.The sponsorship scandal, under the Liberal Government, was a good indicator that the public does not accept anyone in power act unethically in order to promote unity amongst the nation. Canadians wer e outraged that trust was abused and ending the Liberal reign sent a loud message that the end does not justify the means when tampering with public interest. Bureaucrats have to embrace their role and not blindly follow their Minister’s wishes or never say anything negative about the position they hold. Senior bureaucrats need to be accountable for their actions and their recommendations.If they come under fire, they cannot be shuffled off to another Ministry until the storm passes and they cannot hid behind their superior to take blame for wrongdoings they may have initiated or caused. As the Clerk of the Privy Council observed in the Twelfth Annual Report to the Prime Minister on the Pubic Service of Canada, â€Å"We cannot tolerate breaches of the law or of our core value and ethics†¦but we cannot build systems based on distrust. We cannot go backwards, building layers of hierarchy and rules governing each transaction. And we cannot treat all errors the same way.Err ors made in good faith are inevitable, especially in an organization that values innovation and creativity. Accountability requires that we report honestly and accurately, including the errors, and demonstrate that we have learned from the mistakes and have made the necessary adjustments. But accountability cannot become mere blaming. † Evidently, Canadians are concerned with the accountability held within the government. Although there are a number of institutional checks and preventive measure, they lack improvement and overall outcomes.Other counties have tampered and improved their accountability through various laws and initiative, logically Canadian should consider replicating their process. Thus, government individuals should be held responsible and ultimately accountable if they have the best opportunity to alter their department substantially. Through various studies, one can conclude that senior bureaucrats are the ideal representatives to impose and instill changes within their departments, as well as the whole government.Senior bureaucrats have three main ethical responsibilities as public servants: First, they are responsible to act non-partisan when carrying out or implementation of policies. Second, they are seen as trustees for the Canadian citizens and, therefore, they have a fiduciary responsibility not to abuse their trust. Third, their duty is to account for both their activities and decisions. It is extremely easy for the public to make Minister’s obvious scapegoats and set them up for criticism and ridicule due to their position on the hierarchy.As depicted, senior bureaucrats are the officials with the most responsibility and hands-on participation within their department, managing personnel, implementing policies and ensuring the public interest’s are met on a daily basis. Regardless of how long a Minister holds his portfolio or is in power, it is the senior bureaucrat who maintains their position and ensures their M inister is held in high esteem with informed and experienced expertise about departmental operations.Through traces of systematic accountability, failures demonstrated within the government leads one to conclude that the political outcomes remain the same because the solutions come from the same sphere. Work Cited Barker, P. 2008. Public Administration in Canada. (Breif ed. , p. 75). Thomson Canada Limited Bourgault, Jacques. â€Å"The Deputy Minister’s Role in the Government of Canada:? His responsibilities and His Accountability. Ottawa: Commission of Inquiry into the Sponsorship Program and Advertising Activities, 2006 â€Å"Federal Accountability Act. † Department of Justice. (2006). http://laws-lois. ustice. gc. ca/eng/acts/F-5. 5/page-1. html (accessed July 12, 2012). Harper, Stephen. â€Å"Conservative Party of Canada Federal Election Platform. † Stand Up for Canada. (2006). http://www. cbc. ca/canadavotes2006/leadersparties/pdf/conservative_platform2006 0113. pdf (accessed July 7, 2012). â€Å"Leadership of the Prime Minister's Office. † Parliament of Canada. (1867). http://www. parl. gc. ca/parlinfo/compilations/federalgovernment/PrincipalSecretaries. aspx (accessed July 14, 2012). Mitchell, James. â€Å"Authority and Accountability: Reflections on the Gomery Project. † Authority and Accountability. 2006). https://docs. google. com/viewer? a=v&q=cache:GOZMy1NFFsgJ:www. sussexcircle. com/pdf/020-Authority&Accountability. pdf &hl=en&gl=ca&pid=bl&srcid=ADGEESjm7kZ3AA0QiX70tXxByNLjoEbXx0roBI3x9NvKnl8a8JMKU1107T1MOioQzsFdHy4cuUndPyvRd5vGwvZohdqmZCzpqAEA8Zr4q3TQfRyXWivb90p3DMRRJRRd6ykvc8AXwm6z&sig=AHIEtbRagPHJJ_7fhv5zDOT9NC8IwgwrGw (accessed July 11, 2012). Mulgan, Richard . â€Å"The accountability of Community Sector Agencies: a comparative framework. † (2001). http://www. hapinternational. org/pool/files/acctcommsect. pdf (accessed July 11, 2012). Pomfret, R. Voter Turnout at Federal Elections and Referendumsâ₠¬ . Elections Canada Online. Elections Canada. (accessed February 10, 2012). Savoie, Donald. Breaking the Bargain: Public Servants, Ministers, and Parliament. Toronto: University of Toronto Press, 2002. â€Å"Twelfth annual report to the Prime Minister on the Public Service of Canada. † Clerk of the Privy Council. (2005). http://www. clerk. gc. ca/eng/feature. asp? mode=preview;pageId=201 (accessed July 12, 2012). ——————————————– [ 1 ]. Pomfret, R. â€Å"Voter Turnout at Federal Elections and Referendums†.Elections Canada Online. Elections Canada. Retrieved February 10, 2012. [ 2 ]. Harper, Stephen. â€Å"Conservative Party of Canada Federal Election Platform. † Stand Up for Canada. (2006). http://www. cbc. ca/canadavotes2006/leadersparties/pdf/conservative_platform20060113. pdf (accessed July 7, 2012). [ 3 ]. â€Å"Federal Accountability Act. † Depar tment of Justice. (2006). http://laws-lois. justice. gc. ca/eng/acts/F-5. 5/page-1. html (accessed July 12, 2012). [ 4 ]. â€Å"Federal Accountability Act. † Department of Justice. (2006). http://laws-lois. justice. gc. ca/eng/acts/F-5. 5/page-1. html (accessed

Tuesday, October 22, 2019

Constitutionality of Same Sex Marriage in the Unit Essays

Constitutionality of Same Sex Marriage in the Unit Essays Constitutionality of Same Sex Marriage in the United States of America LAW (Gay Rights/Legislation) Constitutionality of Same Sex Marriage in the United States of America The proposed legalization of same-sex marriage is one of the most significant issues in contemporary American family law. Presently, it is one of the most vigorously advocated reforms discussed in law reviews, one of the most explosive political questions facing lawmakers, and one of the most provocative issues emerging before American courts. If same-sex marriage is legalized, it could be one of the most revolutionary policy decisions in the history of American family law. The potential consequences, positive or negative, for children, parents, same-sex couples, families, social structure public health, and the status of women are enormous. Given the importance of the issue, the value of comprehensive debate of the reasons for and against legalizing same-sex marriage should be obvious. Marriage is much more than merely a commitment to love one another. Aside from societal and religious conventions, marriage entails legally imposed financial responsibility and legally authorized financial benefits. Marriage provides automatic legal protections for the spouse, including medical visitation, succession of a deceased spouse's property, as well as pension and other rights. When two adults desire to "contract" in the eyes of the law, as well a perhaps promise in the eyes of the Lord and their friends and family, to be responsible for the obligations of marriage as well as to enjoy its benefits, should the law prohibit their request merely because they are of the same gender? I intend to prove that because of Article IV of the United States Constitution, there is no reason why the federal government nor any state government should restrict marriage to a predefined heterosexual relationship. Marriage has changed throughout the years. In Western law, wives are now equal rather than subordinate partners; interracial marriage is now widely accepted, both in statute and in society; and marital failure itself, rather than the fault of one partner, may be grounds for a divorce. Societal change have been felt in marriages over the past 25 years as divorce rates have increased and have been integrated into even upper class families. Proposals to legalize same-sex marriage or to enact broad domestic partnership laws are currently being promoted by gay and lesbian activists, especially in Europe and North America. The trend in western European nations during the past decade has been to increase legal aid to homosexual relations and has included marriage benefits to some same-sex couples. For example, within the past six years, three Scandinavian countries have enacted domestic partnership laws allowing same-sex couples in which at least one partner is a citizen of the specified country therefore allowing many benefits that heterosexual marriages are given. In the Netherlands, the Parliament is considering domestic partnership status for same-sex couples, all major political parties favor recognizing same-sex relations, and more than a dozen towns have already done so. Finland provides governmental social benefits to same-sex partners. Belgium allows gay prisoners the right to have conjugal visits from same-sex partners. An overwhelming majority of European nations have granted partial legal status to homosexual relationships. The European Parliament also has passed a resolution calling for equal rights for gays and lesbians. In the United States, efforts to legalize same-sex domestic partnership have had some, limited success. The Lambda Legal Defense and Education Fund, Inc. reported that by mid-1995, thirty-six municipalities, eight counties, three states, five state agencies, and two federal agencies extended some benefits to, or registered for some official purposes, same-sex domestic partnerships. In 1994, the California legislature passed a domestic partnership bill that provided official state registration of same-sex couples and provided limited marital rights and privileges relating to hospital visitation, wills and estates, and powers of attorney. While California's Governor Wilson eventually vetoed the bill, its passage by the legislature represented a notable political achievement for advocates of same-sex marriage. The most significant prospects for legalizing same-sex marriage in the near future are in Hawaii, where advocates of same-sex marriage have won a major judicial victory that could lead to the judicial legalization of same-sex marriage or to legislation authorizing same-sex domestic partnership in that state. In 1993, the Hawaii Supreme Court, in Baehr v. Lewin, vacated a state circuit court judgment dismissing same-sex marriage claims and ruled that Hawaii's marriage law allowing heterosexual, but not homosexual, couples to obtain marriage licenses constitutes sex discrimination under the state constitution's Equal Protection Clause and Equal Rights Amendment. The case began in 1991 when three same-sex couples who had been denied marriage licenses by the Hawaii Department of Health brought suit in state court against the