Reading Response Questions for One.Life 8 & 9 Essay

Reading Response Questions for One.Life 8 & 9 - Essay Example In my view, the church is the perfect place to worship and pray. In addition, the church makes Christians have the desire to know more about the old devotional traditions of the Christian faith, and to become fully engaged in their renaissance today. There are various strengths and weaknesses in the church. Some of the strengths include the church enabling people explore how Jesus Christ prayed, how various denominations pray (Orthodox Christians, Anglicans and Roman Catholics) and how the Psalms teach Christians to pray. Other strengths of the church is empowering believers and making them understand that praying as a church is an important part of spiritual formation. The main weakness of the church is incorporating modernity into worship whereby God is no longer given the due respect as He was being given in the early church during the time of apostles of Christ. If I were in the capacity to change, I would ensure that every single believer follows the word of God to later, remaining holy since God is Holy. Chapter 9 of the book covers the life that believers lead in their ministry of serving God. According to the chapter, believers need to live a committed and dedicated life; however, they later get it hard to maintain the committed life (McKnight, 2010). The main reason as to why believers fail to maintain the life is the mixing of money and possessions with the church. I agree with the chapter since it speaks of the practical life that believers face every day. The chapter strikes me when it introduces the issue of leading a committed life and mixing possession and money with the church; something that drifts believers (me, for that matter) away from Jesus. There are various reasons that make people find the committed life difficult to follow. Such reasons include peer pressure whereby a believer with non-believer friends would be swayed away. In addition, some people have the

Capital punishment Essay Example for Free

Capital punishment Essay Capital punishment, also dubbed the death penalty, is the pre-meditated and planned taking of a human life by a government in response to a crime committed by that legally convicted person. Passions in the US are sharply divided, and equally strong among both supporters and protesters of the death penalty. Arguing against capital punishment, Amnesty International believes that The death penalty is the ultimate denial of human rights. It is the premeditated and cold-blooded killing of a human being by the state in the name of justice. It violates the right to lifeIt is the ultimate cruel, inhuman and degrading punishment. There can never be any justification for torture or for cruel treatment. Arguing for capital punishment, the Clark County, Indiana Prosecuting Attorney writes that there are some defendants who have earned the ultimate punishment our society has to offer by committing murder with aggravating circumstances present. I believe life is sacred. It cheapens the life of an innocent murder victim to say that society has no right to keep the murderer from ever killing again. In my view, society has not only the right, but the duty to act in self defense to protect the innocent. And Catholic Cardinal McCarrick, Archbishop of Washington, writes the death penalty diminishes all of us, increases disrespect for human life, and offers the tragic illusion that we can teach that killing is wrong by killing. Death Penalty in the U.S. The death penalty has not always been practiced in the U.S. although ReligiousTolerance.org states that in the U.S., about 13,000 people have been legally executed since colonial times. The Depression era 1930s, which saw a historic peak in executions, was followed by a dramatic decrease in the 1950s and 1960s. No executions occurred in the US between 1967 to 1976. In 1972, the Supreme Court effectively nullified the death penalty, and converted the death sentences of hundreds of death row inmates to life in prison. In 1976, another Supreme Court ruling found capital punishment to be Constitutional. From 1976 through June 3, 2009, 1,167 people have been executed in the U.S. Latest Developments The vast majority of democratic countries in Europe and Latin America have abolished capital punishment over the last fifty years, but United States, most democracies in Asia, and almost all totalitarian governments retain it. Crimes that carry the death penalty vary greatly worldwide from treason and murder to theft. In militaries around the world, courts-martial have sentenced capital punishments also for cowardice, desertion, insubordination and mutiny. Per Amnesty Internationals 2008 death penalty annual report, at least 2,390 people were known to have been executed in 25 countries and at least 8,864 people were sentenced to death in 52 countries around the world: Executions in 2008, by Country †¢China 1,718 †¢Iran 346 †¢Saudi Arabia 102 †¢United States 37 †¢Pakistan 36 †¢Iraq 34 †¢Vietnam 19 †¢Afghanistan 17 †¢North Korea 15 †¢All others 66 Source Amnesty International As of October 2009, capital punishment in the US is officially sanctioned by 34 states, as well as by the federal government. Each state with legalized capital punishment has different laws regarding its methods, age limits and crimes which qualify. From 1976 through October 2009, 1,177 felons were executed in the U.S., distributed among the states as follows: Executions from 1976 Oct 2009, by State †¢Texas 442 (38%) †¢Virginia 103 †¢Oklahoma 91 †¢Florida 68 †¢Missouri 67 †¢Georgia 46 †¢Alabama 44 †¢North Carolina 43 †¢South Carolina 42 †¢Ohio 32 †¢Louisiana 27 †¢Arkansas 27 †¢All others 149 Source: Wikipedia States and U.S. territories with no current death penalty statute are Alaska, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, North Dakota, Rhode Island, Vermont, West Virginia, Wisconsin, District of Columbia, American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and U.S. Virgin Islands. New Jersey repealed the death penalty in 2007, and New Mexico in 2009. Background The case of Stanley Tookie Williams illustrates the moral complexities of the death penalty. Mr. Williams, an author and Nobel Peace and Literature Prizes nominee who was put to death on December 13, 2005 by lethal injection by the state of California, brought capital punishment back into prominent public debate. Mr. Williams was convicted of four murders committed in 1979, and sentenced to death. Williams professed innocence of these crimes. He was also co-founder of the Crips, a deadly and powerful Los Angeles-based street gang responsible for hundreds of murders. About five years after incarceration, Mr. Williams underwent a religious conversion and, as a result, authored many books and programs to promote peace and to fight gangs and gang violence. He was nominated five times for the Nobel Peace Prize and four times for the Nobel Literature Prize. Mr. Williams was a self-admitted life of crime and violence, followed by genuine redemption and a life of uniquely and unusually good works. The circumstantial evidence against Williams left little doubt that he committed the four murders, despite last-minute claims by supporters. There also existed no doubt that Mr. Williams posed no further threat to society, and would contribute considerable good. The case of Stanley Tookie Williams forced public reflection on the purpose of the death penalty: †¢Is the purpose of the death penalty to remove from society someone who would cause more harm? †¢Is the purpose to remove from society someone who is incapable of rehabilitation? †¢Is the purpose of the death penalty to deter others from committing murder? †¢Is the purpose of the death penal

Inclusion of Special Needs Students

Inclusion of Special Needs Students This chapter focuses on the special educational need, behavioural, emotional and social difficulties (BESD). It explores the in inclusion of children with this special educational need in mainstream schools, as well as the implications for teachers in the classroom. It also highlights the support and strategies that literature details need to be in place in order for these children to learn effectively in the mainstream classroom. In todays modern world, all children no matter their ethnicity, disability or ability matter. They are seen as unique individuals, each with the right to a broad, enjoyable and inclusive education. Every child has the right to be included in classroom learning and given ample opportunities to learn to their potential. In regard to education, Inclusion is about the quality of childrens experiences, how they are helped to learn, achieve and participate fully in the life of the school. There can be some confusion between the words inclusion and integration. They may have similar spellings, but this is where the similarity ends, as there meanings are very different. Inclusion in terms of education, sees children working alongside each other, sharing experiences, with learning personalised where necessary to enable all children to achieve. Integration on the other hand sees all children together in the classroom, learning exactly the same thing. Children with special educational needs (SEN) have not always been given the option of mainstream schooling. In the past, children who are now referred to as having SEN were labelled with more derogatory terms such as handicapped and retarded. In the 1940s children with SEN, including those with physical and mental disabilities were educated away from mainstream schools, being taught instead in hospitals or institutions. During this time the government and educators favoured the word segregation rather than inclusion. This is highlighted in the Education Act 1944 which details, A local education authority shall, in particular, have regard to the need for securing that provision is made for pupils who suffer from any disability of mind or body by providing, either in special schools or otherwise, special educational treatment, that is to say, education by special methods appropriate for persons suffering from that disability. (Chapter 31: 5) Nonetheless the 1970s was the decade for change, and this was set in motion by MP Margaret Thatcher who commissioned a report to review the educational provision in England, Scotland and Wales for children and young people handicapped by disabilities of body or mind, taking account of the medical aspects of their needs, together with arrangements to prepare them for entry into employment. (The Warnock Report 1978: 1) The report was published in 1978, namely The Warnock Report, which changed the landscape of inclusive education. The word inclusion exploded into mainstream schools, and children with SEN were given the right to learn alongside other children. Within the report, the aim of inclusion for SEN children in mainstream schools was highlighted along with the need for provisions to be put in place to make it possible. The report stated Full-time education in an ordinary class should be the aim for many children with special educational needs. It should be possible to achieve this aim in the case of the majority of children with mild learning difficulties, many of whom are at present the concern of remedial services, provided that adequate support is available from teachers with additional training or expertise in special education. (The Warnock Report 1978: 102) Thirty years on from the original Warnock report, many were beginning to wonder whether inclusion of children with SEN into mainstream schools had been effective. An OFSTED report on inclusion (2004) seemed to be rather sceptical of its success. It detailed that the inclusion of children with SEN was taking place in mainstream schools, but at the detriment to childrens learning. It also mentioned how the curriculum was not being adapted to meet the provisions of children with SEN and offer them suitable opportunities to improve key skills. (Special Educational Needs and Disability, 2004: 5) It was seen that the Government had gone too far when it came to inclusion, and were including almost all children with SEN into mainstream, closing special schools to save on costs. OFSTED commented how when inspecting schools they had observed work being explained effectively to pupils, but pupils with SEN depended on teaching assistants to break the tasks down further so that they could participate.(2004: 16) This is something that Warnock (2005) cited in a House of Commons Education and Skills Committee report (2006) draws attention to when she notes how children with SEN, are being taught almost entirely by teaching assistants who are not fully qualified teachers, while non-disabled students are taught by the teacher. Parents were questioning more and more, whether their child with SEN was learning to their potential in schools, and asking why their child was not being supported by the teacher as much as the other children in the classroom. Baroness Warnocks change of heart regarding her original vision of inclusion for all children in mainstream schools was made apparent to all when she declared, I think its plain now that the notion of inclusion of all children in the same school isà ¢Ã¢â€š ¬Ã‚ ¦ actually not working in a very large number of cases. (Warnock, 2006) It would appear from this statement that Warnock had conceded that despite the best intentions to include children with SEN into mainstream schools, schools had actually integrated children rather than included them. SEN children were almost been forced into mainstream classrooms, having to cope with the learning that has taken place, rarely having their learning personalised to meet their educational needs. Dimbleby (2006) really encapsulates in a debate on inclusion the issues of including children with SEN in the classroom. He states Children with special needs have always posed a core dilemma. On the one hand, can we afford to include them in mainstream education no matter what the cost or upheaval involved? On the other, can we afford not to include them for fear of condemning millions to a life as second class citizen? From this small introductory speech the issues that educators and governments face are highlighted. The monetary cost, as well as a childs right to be educated with other children no matter what their ability or disability. Within the debate Warnock mentions how her original 1978 report failed to recognise the variety of special educational needs, instead putting them all under one banner and treating all children the same. Warnock also speaks of her realisation that certain children, especially those with behavioural, emotional and social difficulties (BESD) would benefit from special school teaching and learning. She notes that children with BESD could be educationally intelligent, but have certain difficulties preventing them from achieving to their potential. Warnock also admits that these children would be better of out of mainstream schools, and given the specialist teacher support that will help them achieve. Six years on from Warnocks change of heart, there are now many more government reports debating inclusion, and questioning where children with SEN should or could be taught. Parental choice is now taken into account when deciding where children with SEN should be taught, with parent being given the opportunity to state where they would prefer their child to be educated. The vision of many is to allow children with SEN to be taught in a school that is going to meet their individual needs. Gove and Teather (2011: 17) refer to this in the Green paper and propose that they will remove the bias towards inclusion and propose to strengthen parental choice by improving the range and diversity of schools from which parents can choose, making sure they are aware of the options available to them and by changing statutory guidance for local authorities. From just exploring a brief history of inclusion, it is clear that there are many opinions as to whether or not the inclusion of children with BESD into mainstream schools has been successful and effective. BESD is a complex special educational need, far more unpredictable than any other. The challenge for educators in the twenty first century in terms of managing the issue of pupils who exhibit difficulties with social, emotional and behavioural aspects of their lives is the tension between the twin issues of incidence and time to deal with incidence. (McNamara, 2006: 24) This statement portrays the challenges teachers face in the classroom when dealing with BESD. Children with BESD have the capability to be disruptive and dangerous in the classroom, and teachers face the challenge of managing these behaviours, ensuring at the same time every child in the classroom is learning to their potential in a safe environment. There are some who believe that because of these challenges, children with BESD would be better of learning in special schools, giving them access to more specialised teaching and more one to one support. Conversely, there are people who believe that children with BESD should be taught in mainstream, despite the challenges posed to teachers. To able to fully understand what stance to take, it is essential to explore what BESD and its presence in the classrooms of today. Behavioural, Emotional and Social Difficulties (BESD) Behavioural, Emotional and Social Difficulties (BESD) is a special educational need that affects many children in the UK. These children have behavioural problems, as well as emotional needs, and find it difficult to interact in social situations. In short, children with BESD find it hard to access certain areas of the curriculum in order to achieve to their potential. Broadly, it is that behaviour, emotions and social development all influence learning and access to learning. Difficulties with behaviour, emotions and social development can all inhibit learning and access to learning. In the current jargon, they can form barriers to learning.(Farrell 2006:6) Children with BESD do not fall under any one specific stereotype. It does not matter what a childs ability is, they can still have BESD, varying from mild to severe. Those children with mild difficulties may lack social skills and therefore struggle with group interactions, especially in learning situations. East and Evans (2006: 15) detail how At the milder end of the continuum, pupils have problems with social interaction and find it difficult to work with others. Children with severe difficulties may be physically and verbally aggressive, especially towards teachers and peers. They are unable to work in social situations as they have little or no concentration and communication skills. Children with BESD can also find it difficult to cope with changes in routine, which in relation to classroom life, can be a frequent occurrence. Children are usually recognised as having BESD when they portray a range of behaviours which: Is not age appropriate Results in isolation from peers Negatively affects the classroom/learning environment Places unreasonable demands on teaching staff Leads to negative self concept and low self-esteem Restricts learning opportunities Creates dangerous situations. (Evans, 2007: no page) The behaviours identified by Evans encompass the spectrum of behaviours, from mild to severe, that a child with BESD can portray. As already discussed, a child of any ability can have BESD, which is also true for a child of any age. From past school experiences, two children in two separate schools had typical characteristics of children with BESD. One child was in year 6, and the other in year 1, with the later showing all of the above characteristics most of the time. In todays classrooms, there are a rather high number of children that have the special education needs known as BESD. The Green Paper (2010: 20) mentions the number of pupils with behavioural, emotional and social difficulties has increased by 23 per cent between 2005 and 2010 to 158,000 pupils. These figures emphasise that over a five year period, there has been approximately an additional 29,545 children recognised as having BESD. Through looking further into the statistical data available surrounding BESD, there have been an number of interesting findings. From the statistical data, it is clear that there is one gender more common to having BESD. 26,170 (17.2 per cent of) boys with statements had behavioural, emotional and social difficulties, compared to 3,590 (6.2 per cent of) girls. (DfE Special Needs Analysis 2010:12) This data, which focused on children aged 4 18, shows there is a remarkably high difference between the two genders with boys seven times more likely to have BESD. Brown and Schoon (2010: 167-168), mention in their research of the behaviour of children aged 7 that the proportion of boys classified as showing serious behaviour problems was around twice that of girls (10% compared with 5%). Although completely different pieces of research, the overwhelming difference between gender and behaviour is apparent. It is also interesting to note the percentage of children with BESD in primary and secondary school. The DfE Special Needs Analysis (2010: 18) recorded that 12% of statemented children in primary school, and 18% of children in secondary school had BESD and mentioned Behaviour, emotional and social difficulties was the most prevalent type of need for pupils between the ages of 11 and 15 years. It is very interesting to note that the findings from DfE Special Needs Analysis (2010: 6) also highlighted that statemented children with BESD were more likely to be eligible for free school meals. The question asked must be whether environmental factors such as socioeconomic class have an impact on childrens behaviour. Washbrook (2010: 1) refers to the possible connection between social class and childrens behaviour and details that behaviour problems are much more common among disadvantaged children prior to the start of schooling, and these differentials change little between the ages of 3 and 7. Ethnicity was also identified as an additional factor, with the most likely ethnicity of a child with BESD recorded in various research as being Afro-Caribbean. Brown and Schoon (2010: 168) in their extensive research specified how the greatest proportion with particularly high scores was found amongst Black Caribbean children; 13 per cent were classified as having serious behavioural problems. The DfE Special Needs Analysis (2010: 20) also recorded similar findings, mentioning how Black and mixed race pupils at school action plus were most likely to have behavioural, emotional and social difficulties. It is important to note that the data researched was based on children who were on School action plus, an extra support service offered on top of other support from external sources. It does not mean that children on school action plus are the only children that have BESD. There are many other children in mainstream schools who have not been, or are waiting to be statemented who do have BESD, and have not been included in published research statistics. However, exploring the data that have been published, the most common factors of BESD are: Male gender Afro-Caribbean Low Socioeconomic class It is essential to remember that there are other children not statemented and therefore not recorded in some statistical data that may have BESD in schools. It is important to stress the importance of not stereotypically judging a childs special education need. Just because they may not fall in line with the common factors mentioned above, does not mean they do not have BESD, equally a child who meets all these criteria may not have BESD. Disadvantages and Advantages of Mainstream Schooling There seems to be many opinions as to whether or not children with BESD should be taught in mainstream classrooms. Some believe it is beneficial to the child with BESD, others believe it to be disadvantageous for the other children in the classroom, as they will be distracted from learning. Sommefeldt (2006: 96) researched teachers views on inclusion of children with BESD. One such view focused on a negative aspect and detailed inclusion was Detrimental to all both those with needs (lack of specialized / individual help and attention) and those without (left to cope alone with the curriculum because the teachers attention is focused on [special] needs) It is apparent from this statement, that having a child with BESD in the classroom demands much of the teachers time, and their attention will be focused on one specific child a lot of the time. Evans (2007: 56) mentions how there is also a concern about the detrimental effect on the learning of other pupils in the class. With teachers time and attention being focused on a child with BESD, it can be the case that the other children are left to manage on their own, or continue working through the potential distractions, both of which could potentially have damaging effects on their education. East and Evans (2006: 15) speak of how difficult it can be for a teacher to manage both a whole class, and a child with BESD when they note, Children considered to have behavioural, emotional and social difficulties often present a far greater challenge than pupils with other kinds of special needs. This quote reiterates what has been previously mentioned regarding the complexity of BESD, and how it is special educational need that can be very difficult for a teacher to manage, due to the challenge of never knowing how a child is going to act or react in the classroom. Focusing on the impact mainstream education could have on a child with BESD, some believe they would not get the specialist, small group support they need in order to achieve in school. OFSTED (2006: 3) in their key findings cite an important reason for why some pupils with BESD do not achieve in mainstream and detail how pupils in mainstream schools where support from teaching assistants was the main type of provision were less likely to make good academic progress than those who had access to specialist teaching in those schools. It is inevitable that at times during the day, teachers will look to teaching assistants to support certain childrens learning, especially if a child with BESD is in the classroom. However, TAs are not qualified teachers, so some argue they do not offer children with behavioural difficulties enough teaching and learning support in order for them to achieve. The occasional overuse of TAs to support children with BESD is referred to by Blatchford, Russell, Bassett, Brown and Martin (2004: 20) in their research which mentions how There is something paradoxical about the least qualified staff in schools being left to teach the most educationally needy pupils. This may form part of the reason for why some parents opt to send their children to special schools, as they believe their child will receive the best support to help them develop in their thinking. Obviously there are disadvantages of including a child with BESD into mainstream teaching, both for the child and for their peers. However, it cannot be denied that there are similarly many positives that come from including children with BESD in the mainstream classroom. Sommefeldts research (2006: 96) does not only focus on the negatives of mainstream inclusion. Many positives of mainstream education for children with BESD are also expressed. One teacher gave a personal opinion and stated It is my philosophy that all pupils should have an equal opportunity to access the mainstream curriculum. Children with BESD can be taught in special schools, but they also have the right to be taught in mainstream classrooms as well. As already mentioned, there are some that believe these children should be taught in special schools. These children may however be educationally able and therefore thrive from learning with other children that are of a similar ability. Fogell and Long (1997: 85) bring to light a potential negative sending a child with BESD to special school may have as they question the possible impact of placing a child with emotional and behavioural difficulties alongside a number of other children with exactly the same difficulties. This encompasses two advantages of mainstream schools, one from the educational ability aspect, and the other from the social aspect. Within the primary classroom, children with BESD can socialise with peers who do not have special educational needs, and who model various positive behaviours which can be observe on a daily basis by a child with BESD. In special schools, children with BESD usually interact with those with similar difficulties to them, and therefore lack the positive peer behaviour models a mainstream classroom can offer. Another advantage of including children with BESD in mainstream classrooms is allowing normal children the opportunity to interact with and understand those with special educational needs. By teaching children about differences, and giving them the chance to learn with children that have special educational needs, they can develop an understanding, compassion and tolerance for those who they may not necessarily have met outside the classroom environment. Khalsa and Miyake (2005: 8) note the benefit of children forming an understanding of special needs when they state, The inclusive classroom welcomes diversity and the wide range of student needs that accompany students differences. Teachers who help children understand and discuss differences help create an educational environment that supports empathy for all individuals. There are a number of advantages and disadvantages to mainstream inclusion, however if a child with BESD is taught in a mainstream school, then it is essential that the school does everything possible to allow them to flourish in a happy, inclusive environment. A Schools Role Mainstream schools who offer classroom places for children with special needs, including children with BESD, must have an understanding of what inclusion is. This understanding must be shown through the way the school is run. Schools should not look to change the children with special education needs, but instead look to change the school to become inclusive for all. This is referred to by McLeskey and Waldron (2000: 40) when they comment that, One of the most important issues to keep in mind when developing an inclusive school is that these programs should address the need to provide a better education for all students in a school. In order for children with BESD to achieve effectively in mainstream classrooms, schools must bare in mind a number of factors including: Individualised Education Program (IEP) Teacher Support / Training Personalised Learning Every Child Matters (ECM) A child with special educational needs should have an IEP, which will detail what support the child is going to receive for that specific educational year. Schools must put these in place to ensure the parent(s) and teachers know the support that will be offered to the child, whether that be through one to one sessions with special teachers, or personalised support within the classroom. All staff working with a child with special educational needs must be given access to their IEP allowing them to understand the support and strategies in place, so they could in turn offer effective teaching and continuity for the child. Wilmshurst and Brue (2010: 211) detail the importance of an IEP and mention, The IEP spells out the types of services, their frequency and duration, and the setting in which they will be provided, all of which are very important information for the service providers. Schools must therefore appreciate the importance of IEPs and do everything they can to create ones which are personalised for each child with special educational needs which is going to help them achieve to their potential. The creation of IEPs requires a great time commitment, which Twachtman-Cullen and Twachtman-Bassett (2011: 69) mention, Unfortunately, many professionals find data collection, and all that it entails, formidable. After all, in this busy world of ours data collection involves, paper-work, analysis, and interpretation all of which are time consuming. However, if a school wants to include children with SEN into classroom teaching and learning effectively, then this process needs to be undertaken in a slow, concise, professional manner. Schools must ensure that teachers are given support in order for them to effectively include and teach children with BESD in the mainstream classroom. The White Paper (2010: 32) recognised Only around half of teachers believed that there was appropriate support available in their school for teachers struggling to manage pupil behaviour. This, along with other reports, recognise and emphasise the importance of giving teachers extra training to ensure that they understand different behaviours and have the capacity to deal with them in the classroom environment. One form of support offered to teachers could be in the form of training and insets, giving them a greater insight into the strategies that could be initiated in the classroom to deal with children who have BESD. OFSTED (2005: 12) detailed the importance of staff understanding, and how Regular training that links classroom practice to an understanding of how children develop socially and emotionally is central to the effective understanding and management of behaviour. Another form of support schools might offer teachers could be giving them the opportunity to liase with teachers from special schools who have first hand experience of teaching children with BESD. These specialised teachers can offer advice, share strategies, and help ensure that the inclusion of a child with BESD in the classroom is positive and effective for their learning. Senco Penny Rice (2006) visited a special school to observe strategies used to deal with BESD and gain advice from teachers, which she could take back to her school and implement into the relevant classrooms. In her description of the day she highlighted the positives of visiting the special school environment when she stated I found todays experience very useful for my own personal practice, exciting, because I could see childrens behaviour being turned round even just in one day, erm, and I could see childrens confidence being raised, and that is very, very, very, important. Schools should give all staff, especially their SENCOs this opportunity, to improve their understanding of BESD, and keep up to date with current support strategies, because teachers with BESD children in their classroom usually rely on their SENCO for support and advise. There are many strategies that teachers could use to help include children with BESD in classroom learning. One of the most obvious strategies is to make sure that children with BESD have been set work and tasks, which are achievable. This means that they are kept on task rather than losing concentration because they do not understand or are finding something difficult. Another important strategy is positive reinforcement and reward of good behaviour, rather than only sanctioning bad behaviour. The way a child is rewarded will depend on the child and how the child responds to rewards. Howarth and Fisher (2005: 42) point out how rewards can vary and how some will accept individually tailored reward systems while others will respond more positively to class and school based systems. The essential thing to remember is that rewards support and reinforce pupils learning. A strategy which if effectively implemented could be very beneficial is a target behaviour chart. Teachers could set children with BESD targets and if they succeed, they could be given a reward. However, the child would need to be able to achieve these targets otherwise they could become despondent having tried and failed to achieve. The chart would be very visual and would allow the child to see what they had achieved, and have a sense of pride. Another possible strategy to control the behaviour of a child with BESD is time out. This method affords the teacher time to gain control of the situation, gives the child time to reflect on why they behaved in the way they did and what they could do next time to stop it from happening. Rogers (2003: 106) describes how many infant and middle primary teachers have in-class time-out options to give the offending student cool-off time and thinking time. By giving children with behavioural difficulties these opportunities to reflect, it allows the situations to become less heated, and for a new start to take place once they recognise what they did wrong. Any schools main aim should be to help children to develop, learn and achieve. Children with special educational needs including, those with BESD, may need their learning to be personalised so that they can concentrate on areas of the curriculum they struggle with. This will allow them to learn more effectively, rather than being exposed to in learning that they find difficult to access and understand. Cheminais (2007: 71) affirms this when she notes how providing personalised services and tailored education, will ensure that every child and young person, regardless of their background, reaches their optimum potential and experiences improved life chances. It is important for schools to remember, that although some children pose many more challenges then others, every child in their school matters. The government released a document detailing the fact that every child has the right to a safe and effective education.Every Child Matters is about improving the life chances of all young people, from birth to 19, reducing inequalities and helping them to achieve better outcomes. (Cheminais, 2010: 3) If schools keep this in mind, then all children, not only those with special educational needs, will have a well rounded, happy education. There are many challenges that schools face when including children with behavioural, emotional and social difficulties. However, if they stick to their beliefs, implement strategies, support teachers, and work together with outside assistance, the inclusion of these children can be successful. Conclusion It is difficult to conclude on whether children with BESD should be taught in mainstream classrooms, because of the range of views found when researching. There are many who believe children with BESD should be taught in special schools, so that they can achieve educationally with specialised support, and so the other children in the classroom are not disrupted in their learning. They believe the impact of including a child with BESD in the classroom would be too much for a teacher to deal with, and would be damaging for other childrens education. However, there are people who think children with BESD should be taught in mainstream classrooms, and given the opportunity to learn alongside other children who may not have special educational needs. By being included in mainstream learning, they are developing their social skills and getting an equal opportunity to learn to their potential. One thing is for certain; the inclusion of a child with BESD is not a quick and simple task. If sc hools are going to include children with BESD, they must have an understanding of this special education need, and have the correct classroom strategies in place. There ne

Determinist Theory Essay -- Psychology, Behavior, Urbanism

Determinist Theory: predicts that the behaviors and characteristics that people show are mediated by â€Å"urbanism,† or example delinquency seem as a consequence due to the negative exposure to urban environments. Wirth's essay â€Å"Urbanism as a Way of Life† studied the social disorganization of the urban life also known as â€Å"community lost perspective.†Although Wirth argues that life in the city is goal oriented, anomic and segmented, other theories argue that â€Å"urbanism† does affects social behavior but there is not proof that â€Å"urbanism† causes mental health, and isolation (152-153). Compositional Theory: this theory examines multiple ways of urban life, it discusses the impact that â€Å"urbanism† has on kinship ethnicity, neighbor relations and occupation behaviors in urban areas. According to the theory the composition of the group is what matters , each area or every group have their own moral codes, and rules of behavior. Gans states that people are influence more by the nature of their community and/or group than by the density , size or heterogeneity , the Chicago School called this the :mosaic of social worlds.† This theory is similar to the subcultural theory (153-154). Subcultural theory: According to Fischer this theory attempts to deal with social problems and how relative is space is to individual actions and the value of their group. Fischer states that macro-structure of the urban society shapes the social world and forms subcultures (154). How do they (theories) help you understand the development of cities? The physical complex of a city will transformed the social constructions of a city. As a city grows so does the behavior of the citizens of such city. The constructors of cities usually promotes an open space whet... ...reality is that they were escaping from the city overpopulation, traffic congestion and problems such as poverty and crime. With the emergence of suburbia, the white affluent people benefited from the amenities that both the country and city offered them. Although things are changing from and people claimed that segregation has ended, there is still segregation of groups. I hope to see one day that there are no differences between social classes, races, ethnicity, or religions, I hope to see a world where every citizen has the same rights. A world where people do not have to die of hunger or because they did not have health care. To achieve that everyone has to get involved in the planning and development of cities, to build a more community oriented city where the beneficiaries are those who form the communities, and not the government or the big corporation.

Administrative Law Notes Essay

Please note that this is a draft. The material is under revision. ?This material has been prepared by John P. Sangwa and was initially part of a larger study undertaken by the author. The material is meant for students studying L341. The reproduction for any purpose whatsoever of this work or any part thereof in any form or manner is not allowed without the permission of the author. What is Administrative Law? Administrative law, as a subject, has defied definite and concrete definition. Most scholars have confined themselves to formulating working definitions within the context of their works. There is, however, agreement that administrative law is concerned with powers and procedures for the use of those powers by public officers and institutions responsible for the performance of the functions of the state. It includes, especially, the law governing judicial review of administrative actions. Administrative law is law that governs those who administer any part of governmental activities. Administrative law is not the substantive law produced by the agencies, and it is not the substantive law created by the legislative bodies or courts and administered by the agencies; instead, administrative law is the law, which governs the powers and procedures of agencies. It includes procedural law created by the agencies but not the substantive law created by them, such as tax law, labour law, public utility law, transportation law, welfare law, town and country planning law, and the like. Administrative Law Distinguished from Constitutional Law There is a distinction between constitutional law and administrative law. Constitution law refers to the formal rules, in the case of Zambia, embodied in one single document referred to as the constitution, which establish the main institutions of the state, prescribe their powers, their relation with each other and their collective position vis-a-vis the citizens. Administrative law on the other hand focuses on the powers vested in these institutions and how they use them. For instance, the Banking and Financial Services Act, 1994, confers on the Bank of Zambia, the powers to regulate banking and regulated financial services and issue the necessary regulations from time to time. The Act itself and the regulations made pursuant thereto are not themselves of concern of administrative law. However, administrative law would touch on the authority of the Bank of Zambia to make regulations and upon the procedure employed in making them. Administrative law tends to focus on three aspects of administration: rule-making procedure, where the public institutions or officers are conferred powers to make rules, adjudicative procedure where there is power to make decisions and judicial review, which focuses on the power of the court to review decisions of public institution to ensure that they are intra-vires the empowering legal instruments, and to declare them ultra-vires, where they are not 2 The Scope and Administrative Law Administrative law is concerned with public authorities. It is concerned with the way power is acquired, where the public authorities get their powers from and the nature of those powers. It determines whether the exercise of a power subject to any particular procedure, or whether it must be exercised in any particular form. If so, it addresses the effect of failing to do so. It focuses on how to ensure that powers are used only for the purpose for which they are given – and that they are used effectively and efficiently. Administrative law is concerned not only with power but also with liabilities both of authorities and of their employees. It is concerned with the bodies, which exercise these powers – central government departments, public corporations, local authorities and other institutions. The role of the courts, as independent institutions, in providing some checks on the exercise of public powers is the concern of administrative law. The courts are concerned with the legality of the administrative actions. Administrative law must be seen as an instrument of control of the exercise of administrative powers. Administrative law, like any other branch of law is not an end in itself but means of getting things done by creating through the legal process, institutions, and granting them powers and imposing on them duties. The decision maker is subject to the law, but at the same time, he sees the law as something to use to achieve some end which society has chosen. Administrative law is a concern of a lawyer as much as for the public officers. There is need for public power, but there is also need for protection against its abuse. Administrative law attempts to address the age-old problem of abuse of power. Administrative law as discussed in this course is limited to law concerning powers, procedures, and judicial review. It does not include the enormous mass of substantive law produced by the various agencies. Although public institutions are created by statutes, by executive order authorised by statute, and by constitutional provisions, and although their principal powers and functions are normally defined by the instruments, which create them, the great bulk of administrative law is judge-made law. Some of the judge-made law either is or purports to be founded on constitutional or statutory interpretation. However, other judge-made law is made sometimes without reliance on either constitutional or statutory provisions. 3 SOURCES OF ADMINISTRATIVE LAW Introduction By sources we mean where one can look for answer whenever and administrative law issue arises. Administrative law is wherever law is. It is founded on the Constitution. It is in the statutes and in any form of statutory instrument. Administrative law is also in the form of common law made by the courts and in the form of procedural rules made by administrative agencies themselves. Constitution The entire Zambian Constitution is in a way a source of administrative law. It is a limitation on government. It creates various organs of government and prescribes what they may or may not do and how they can do what they are empowered to do. For instance, Article 30 of the Constitution confers power upon the President to declare, after consultations with Cabinet, that a state of public emergency exists in Zambia. The said provision puts a limitation on the exercise of this power by the President. The President can declare a state of emergency only after he has consulted with Cabinet. Failure to do so may render such a declaration null and void. Whether or not there has been compliance with the provisions of the constitution or whether the power has been exercised for the intended purposes is the concern of administrative law. Statutes Very often statutes, which create public institutions, prescribe their powers and how they are to be exercised. It is the concern of administrative law to ensure that such powers are used for the realisation of the policy objectives on which in the statute is founded and not any other goals. Common Law The common law is creation of the courts. Following the concept of staredecisis, courts will decide a case today in the same way they decided in other cases in the past if comparable factual situations are involves. There is therefore a huge volume of guidelines on how the courts will decide a given case and this collection of clues is called common law. Common law prevails on a point of law so long as there is no statute, regulation, or constitutional provision, which contradicts it. Judicial interpretations of statutes, regulations, and constitutional provisions are part of the common law. Much of the administrative law principles are in the form of common law. Formal laws do not regulate every aspect of administrative authority. For instance, the idea that no one should be punished unheard is law, which has been embraced by the courts as one of the common law principles. 4 Much of what is administrative based on the constitution is in fact common law. The Constitution is brief and at times vague. It is therefore, interpreted by the courts. It is in sense good that the Constitution is sometimes vague. This enables the each generation to interpreter it to accommodate social, political and other changes Administrative Instruments Some of the instruments with the force of law, which regulate public institutions, are made by the institutions themselves. This kind of law is imposed on the institutions by the public institutions themselves. It is often in response to public pressure and public expectations exerted in different ways throughout the political process. For instance, the Industrial and Labour Relations Act has created the Industrial Relations Court. In order to ensure that people have access to the Court and receive fair hearing the Court has set its own rules, binding on itself and parties to the dispute, who have moved the Court. The rules, which the public institutions impose upon themselves, are often found in the same statute along with other rules and regulations made by the institutions. For instance, in 1996, the President issued a directive that housing units owned by the government and local authorities be sold to sitting tenants. A circular to that effect was issued by Cabinet govern this exercise. Any dispute in this regard has been resolved by referring to this circular. As for the units owned by local authorities, the Ministry of Local Government and Housing issued a similar circular. The first phase began from the moment British influence was established in the territory, which became known as Northern Rhodesia. The second phase, began long after the first phase had been properly grounded, focuses on judicial review; and the dominant part of judicial review is constitutional and statutory interpretation. Whereas other Western countries have already gone through the third phase, which focuses on procedures for formal adjudication and formal rule making, Zambia is just embarking on this phase. 9The value of such an approach is ably illustrated by Gordon R. Woodman, â€Å"Constitutions in a World of Powerful Semi-Autonomous Social Fields†, Third World Legal Studies – 1989, 120. He observes at pp. 2-3. : Although the skills of a lawyer are useful in the study of non-state laws, an adequate appreciation requires some revision of the traditional approach of students of state law. It is necessary to discard the concepts and axioms induced by the tendency o f state laws to deny the legitimacy of other laws†¦. An effective state constitutional order takes account of the social realities which affect its objects and functioning. In Africa, where the relative unimportance of state law is at least as marked as anywhere else, other social orderings cannot realistically be overlooked. 39 The Development of Administrative Structures Zambia is a product of greed and conquest by the powerful, and of the weak seeking a haven for peace and security. The dispersal from the north, which involved the Lozi, Bemba, Lunda and other tribes, was largely precipitated by smaller chieftaincies seeking independence. However, the migration of the Ngoni and the Kololo from the south was for the search of a sanctuary. The coming of Europeans brought another dimension to the history of Territory. Their conquest of the Territory was for economic reasons: to find raw materials to keep the wheels of the factories in Europe turning and good land to settle the landless people of Europe. The realisation of the economic objective was possible only if both internal and external threats to British presence in the area were taken care of. The internal threats were addressed through the power of the pen, like in the case of the Litunga of Barotseland, and through the power of the sword as against the Ngoni. The motivating force was the greed of the private entrepreneurs. The role of the Imperial Government was merely that of protecting the interests of its citizens when threatened by another imperial power or forces within the Territory. The history of Northern Rhodesia is also a history of two competing cultures, one claiming superiority over the other. The Europeans came with new ideas about social formations. All the existing tribal groupings were broken down and made part of one heterogeneous society curved out of the entire continent without regard to history, customs and origins. The impact of Western colonial rule is still indelibly imprinted in Zambia decades after independence. As Europeans moved into the non-Western world, north of the Zambezi, as traders, merchants, missionaries and adventurers, they carried with them expectations that all societies should be properly organised as states possessing attributes of sovereignty and adhering to rule of law. 0 This was not the case in the area, which became known as Northern Rhodesia. After the establishment of settlements, Europeans insisted that human relations, and more particularly the management of disputes, should fall under explicit and universally based laws. 21 To make life much more amiable 20Lucian W. Pye, â€Å"Law and the Dilemma of Stability and Change in the Modernization Process,† Vanderbilt Law Review 17 (1963), 24-25. 21Ibid. 40 they started building the state structures. The administrative structures, which emerged, made up the constitutional structures for the Territory. 2 The Making of Northern Rhodesia As a geographical unit, Zambia was created through the initiative of Britain during the partition of Africa. Following the examples of other European powers at the time in staking claims to large territories in the Africa, Britain was keen to extend sovereignty north of South Africa. Little effort was necessary to persuade the Crown to grant John Cecil Rhodes, at his request, a Charter incorporating the British South Africa Company, which was to pursue British interests in the area. This Charter was granted in 1889. The Charter empowered the Company to acquire territories through concessions, agreements and treaties by or with indigenous rulers and administer it – without any financial assistance from the British Government. The Company’s field of operation was defined to be the territory north of the Crown colony of British Bechuanaland and of the Transvaal and west of the Portuguese possessions in East Africa. Rhodes sent agents to conclude treaties with local rulers. Through such treaties and conquests of the more militant tribes, Rhodes effectively asserted his, and ultimately British presence. It now remained for Britain to secure the agreements of other European powers in accordance with the terms of the Berlin conference of 1884 – 1885. This was done through a series of treaties, which collectively determined the present border of Zambia. The name â€Å"Rhodesia† was first used to refer to the territories (obtained by Rhodes) in 1895. It was officially approved in 1897, by the British Government. In 1895, due to its vastness the territory was, administratively, divided by the BSA Company into two: North-Western Rhodesia and North-Eastern Rhodesia. Both of them were being administered by the Company under the supervision of the British High Commissioners in South Africa and Nysaland respectively. At the time, a few outposts of administration were being established in the sparsely populated territories. In 1899 and 1900, two very important Orders in council were promulgated. The Orders, the Barotse North-Western Rhodesia Order in council and the North-Eastern Rhodesia Order in council, clarified the provisions relating to 22See H. F. Morris and J. S. Read, â€Å"Indirect Rule and the Search for justice†, (1972), 287, quoted n Filip Reyjents, â€Å"Authoritarianism in Francophone Africa from the Colonial to the Post Colonial State†, Third World legal Studies – 1988, p. 59. 41 the administration of the two territories to which they referred and also established the territories as â€Å"colonial protectorates†. Under the North-Eastern Rhodesia Order in Council, 1900 North Eastern Rhodesia was to be admin istered by an ‘administrator’, appointed by the Company with the approval of the Secretary of State for Colonies. The administrator was empowered to make regulations for the administration of justice, the raising of revenue and generally for â€Å"†¦ he peace order and good government†. These regulations had to be approved by Her Majesty’s Commissioner for the British Central African Protectorate (Nyasaland now Malawi) and could be disallowed by the Secretary of State. The Commissioner himself could initiate legislation termed â€Å"Queen’s Regulations†. Under the North-Western Rhodesia Order in Council, 1899, the British Government retained firmer control in North-Western Rhodesia through the High Commissioner in South Africa because of the unresolved issue of the western border of the territory with the Portuguese territory of Angola. The issue was not resolved until 1905. The High Commissioner had the power to legislate by proclamation. The Company had administrative powers, which were exercise through an administrator. Developments in the two areas indicated that they would best be administered as one territory. In 1911, Barotse North-Western Rhodesia and North-Eastern Rhodesia were merged to form Northern Rhodesia. The Company retained its administrative authority in the new territory. It was empowered to appoint an administrator for the territory, subject to the approval of the Secretary of State. The legislative authority, which was to be exercised by proclamations, remained in the High Commissioner in South Africa. This arrangements prevailed until 1924 when company rule was terminated. Administration of Justice (a) Developments Under Company Rule: The major concern of the settlers was to establish structures for the settlement of disputes. Amongst the first institutions to be established in the territory were the courts. The major task of the Company was to establish the basic instruments of government administration. The judicial functions of the government were undeveloped. Nonetheless, the legislative framework for the establishment of courts was already in existence. The Africa Order in Council of 1889, provided that every person holding Her Majesty’s Commission as a Consul-General should, if so authorised by the Secretary of State, form a consular court. This Order in Council even provided a code for criminal and civil procedure. In the event, it was not found 42 necessary to establish any consular courts as reliance was placed upon the second method of establishing courts: the Charter of the British South Africa Company itself. One of the fundamental principles which was to be respected in the administration of justice was the need to differentiate between the indigenous people and the immigrants. Section 14 of the Charter directed the Company to have â€Å"careful regard† to the laws and customs of the local tribes. Thus, the courts which were established were limited in their jurisdictions to give effect to this principle. Between 1899 and 1909, two hierarchies of courts were established in Barotse North-Western Rhodesia and North-Eastern Rhodesia. Each consisted of a High Court, Magistrates’ courts, the Administrator’s Court and Native Commissioners Courts. The High Courts were courts of unlimited jurisdiction and administered English law and local enactment, except in civil cases between Africans, when they were required to administer African customary law. The Administrators’ Courts also had similar jurisdiction as the High Court. They were introduced to enable the Administrators of the territories to have a role in the administration of justice. The Magistrates’ Courts were courts of first instance with limited jurisdiction. They were mainly concerned with adjudicating over disputes between white settlers and with administering criminal law. The law administered in these courts was English law. The Native Commissioners’ courts were established in order to administer African customary law between natives. All the judges and the members of the other courts were nominated by the Company but appointed by the British High Commissioner in South Africa. They were amenable to dismissal as well. Although existing African traditional courts were not officially recognised, some limited protection was extended to customary law. First by the Barotse North-Western Rhodesia Order 1899 and later by the North-Eastern Rhodesia Order 1900, which for the first time invoked the repugnancy clause. This clause provided that customary law be to be administered so far it was not â€Å"repugnant to natural justice or morality† or to any statutory law. Two systems of courts were established in each of the two territories by 1909. One system administered English law and statutory law between Europeans in civil cases. It also administered English penal law for all the inhabitants of the territory. The other system administered African customary law in civil cases between Africans. In 1911, when it was decided to combine North-Western Rhodesia and NorthEastern Rhodesia into a single country, it also became necessary to re-organise 3 the judicial system. However, as there also existed two well-established judicial systems, few changes were necessary beyond merging the two systems into one. There emerged a High Court of unlimited original and appellate jurisdiction, magistrates’ courts and native commissioners’ courts. The Administrator’s court was abolished. High Court judges were henceforth appointed by the Secretary of State in Britain. The officers in lower courts were appointed by the Company. Between 1911 and 1924, only minor changes effected to the judicial system and none of these affected the judicial system or its basic structure. b) Developments During Direct British Administration: During the early part of the 1920’s it became apparent, Northern Rhodesia was becoming too costly and complicated a territory to be administered by a company. In 1924, the company relinquished its powers in favour of direct British rule. The 1911 Northern Rhodesia Order was revoked and in its place was promulgated the Northern Rhodesia Order in Council, 1924 and the Northern Rhodesia (Legislative Council) Order in Council, 1924, and the Royal Instructions to the Governor of 1924. These three documents together constituted the basic constitutional instruments of Northern Rhodesia. The Northern Rhodesia Order established the office of Governor, to represent the Crown. He was assisted by an executive council, the members of which were appointed by the Crown and served at his pleasure. In accordance with the â€Å"colonial protectorate† status of the territory, constituent power remained in the Crown and was exercised through Orders in Council made under the Foreign Jurisdictions Acts of 1890 and 1913. However, for the purpose of enacting laws to facilitate the administration of the country, a legislative council, dominated by (appointed) officials, was established. This council exercised its legislative power through the enactment of ordinances. The change from company rule to direct British rule did not necessitate radical changes to the judicial system. The changes made merely reflected change-over to colonial rule. The power to determine the number of judges and magistrates in the country and to appoint them subject, in the case of judges, to such instructions as the Crown might give was vested in the Governor. There were also provisions permitting appeals from the High Court to the Privy Council. In 1938, it was decided to establish a court of appeal for the three British colonies in central Africa, comparable to the East African Court of Appeal and Court of Appeal for West Africa. This Court was called the Court of Appeal 44 for Rhodesia and Nyasaland. The court was established under Ordinance No. 35 of 1938. It became the highest court for the three territories in criminal cases but provisions were included for further appeals to the Privy Council in civil cases. Meanwhile, the important issue of how best to administer the affairs of Africans was receiving much attention. It was decided soon after the assumption of direct British administration to extend the famous principles of indirect rule, to the territory. This principle, which had already been applied in other British colonies, entailed the use of existing African institutions to effect colonial rule, thereby minimizing both the antagonism of the people and expenditure. Indirect rule was implemented in Northern Rhodesia by establishing native authorities and recognising native courts. Native authorities were established in all areas of the territory nd were vested with minimal local government powers such as taxation and policing. Native courts were first recognised by statute in 1929, with the enactment of the Native Courts Ordinance. Under this ordinance, the Governor was empowered to constitute any â€Å"chief, headman, elder or council of elders† in any area into a native court. This did not, however, prevent the exercise of judicial powers by those who already did so in their own com munities. The Native Courts established under this Ordinance were separate from the rest of the judiciary: the High Court and the magistrates’ courts. No appeals lay from the Native Courts to the Magistrates’ Court or to the High Court. Nevertheless, there were already in existence some Native Commissioner’s Courts. These assumed the role of appellate courts in relation to the Native Courts. Native courts were only empowered to administer customary law and to adjudicate over civil cases in which the parties included Africans. In 1936, it was deemed necessary to clarify the status and jurisdictional limitation of native courts. This was done by the enactment of the Native Courts Ordinance 1936 and the Barotse Native Courts Ordinance 1936. Apart from these changes, which enabled the Government to establish a number of native courts covering the whole territory, this system of administering justice remained in force until 1966. (c) Developments During the Federation of Rhodesia and Nysaland: Even before the Second World War, two issues were to dominate Northern Rhodesian politics and determine its constitutional development: the demand by African nationalists for majority rule and/or self-determination and the campaign by white settlers for closer association or amalgamation with 45 Southern Rhodesia. As early as 1929, the Hilton Young Commission advised that: In the present state of communications the main interests of Nyasaland and Northern Rhodesia, economic and political, lie not in association with the eastern African territories, but rather with the self-governing colony of Southern Rhodesia. In 1938, the Bledisloe Commission was appointed to â€Å"explore the feasibility of closer association between the two Rhodesias and Nyasaland. † The Commission also endorsed the idea of closer association between the three territories, but did not recommend immediate steps in that irection. Nonetheless, consultations continued between white politicians in Northern Rhodesia and Southern Rhodesia and the British Government. Finally, at a conference held at Victoria Falls, in Northern Rhodesia, in 1951, a firm decision was arrived at recommending to the British Government the establishment of a federation in Central Africa. This recommendation was accepted. The Federation of Rhodes ia and Nyasaland Act, enacted by the British Parliament in 1953, authorised the Queen to establish such a federation. In the same year, the Federation of Rhodesia and Nyasaland (Constitution) Order in Council joined the three territories to form the Federation of Rhodesia and Nyasaland. Under the federal scheme, the three territories retained their respective statuses: Northern Rhodesia and Nyasaland remained protectorates, while Southern Rhodesia remained a colony. The Constitution provided for the office of a Governor-General, appointed by the Crown. He was the personal representative of the Crown. The Constitution also established a federal legislature of thirty-five members. This body had legislative power over certain matters exclusive of the territorial legislatures (the federal legislative list) and powers to legislate over other matters concurrently with the territorial legislatures. The establishment of the Federation had one important effect upon the judicial system of Zambia. The Federal Constitution established a Federal Supreme Court. The Court consisted of the Chief Justice, appointed by the Governor-General and between two and six judges, who were to include the Chief Justices of the three territories. Under Article 53 of the Constitution, the Supreme Court had exclusive jurisdiction over matters relating to the interpretation of the Constitution and matters in which the Federal Government was a party. The Supreme Court also had appellate jurisdiction from the High Courts of the three territories. Article 61 provided for appeals from the Supreme Court to the Judicial Committee of the Privy Council. 46 The idea of establishing the Federation of Rhodesia and Nyasaland was not supported by all the sectors of the population. The Africans of Northern Rhodesia, in particular, had vehemently opposed any form of association with Southern Rhodesia. Instead, they had campaigned for reforms to the electoral law to introduce universal adult suffrage. As African political parties were formed Africans began to demand self-government and independence from British rule. The decade 1953 to 1963 was volatile in Northern Rhodesia. The many factors of that era culminated in a general election, based on â€Å"one man one vote†, in 1962, which was won by the United National Independence Party, led by Kenneth Kaunda. He formed a coalition government with the African National Congress in 1963. The Federation was dissolved in that year. In 1964, under yet another constitution, fresh elections were held which were won outright by the United National Independence Party. This Party formed the first Government when Northern Rhodesia was granted independence in October 1964. (d) Developments After Independence: The new constitution provided for a popularly elected executive President who was also the Head of State. It also provided for a Vice-President and a cabinet appointed from among the members of the National Assembly. The legislative power was vested in a Parliament consisting of the President and single chamber National Assembly. The Assembly consisted of seventy-five elected members, not more than five nominated members nominated by the President and a Speaker. The legislative power was exercised through Bills passed by the National Assembly and assented to by the President. Enactments were termed â€Å"Acts of Parliament†. Quite expectedly, independence brought about some changes in the judicial system of Zambia. The dissolution of the Federation of Rhodesia and Nyasaland ended the Federal Supreme Court. Within Zambia, the January 1964 Constitution established a Court of Appeal with unlimited appellate jurisdiction. The Independence Constitution also provided for a Court of Appeal consisting the Chief Justice, one Justice of Appeal and other puisne judges. The Constitution also empowered the President to declare that the Judicial Committee of the Privy Council should be an appeal court for the Republic. The President never exercised this power and the provision was not repeated in the 1973 Constitution. The Independence Constitution created a Judicial Service Commission under the chairmanship of the Chief Justice. The Constitution conferred advisory and executive functions over appointments to judicial offices upon the 7 commission. The provisions relating to the Judicial Service Commission were substantially retained under the 1973 constitution. The subordinate courts were retained by and large in their old form even after independence. Various aspects of the Subordinate Courts had undergone changes since the enactment of the Subordinate Courts Act in 1934. The changes related mostly to jurisdi ction and other related matters, and did not affect the basic structure and status of these courts. After 1964, the notable change was in the manner of appointing magistrates. They were to be appointed by the Judicial Service Commission. Some radical changes were made at the level of the Native Courts. The general feeling at the time was that Native Courts had to be integrated in the judiciary. The first step came in the form of provision that appointments of the Native Courts’ presiding justices were henceforth to be made by the Judicial Service Commission. Meanwhile, initiatives were underway for the enactment of a new statute to provide for Native Courts. The Local Courts Act was enacted in 1966. It repealed the Native Courts Ordinance and the Barotse Native Courts Ordinance. It constituted Local Courts in place of Native Courts. It provided for appeals from Local Courts to Magistrates’ Courts. The 1966 Local Courts Act was aimed at integrating the Local Courts into the judiciary to produce one hierarchy of courts instead of two. The introduction of the one-party system did not bring about major changes in the judicial system of Zambia. It did, however, bring about one important change. The Court of Appeal was abolished and in its place, a Supreme Court was established. Very little has changed in the judiciary even after the introduction of the Constitution of 1991. The same is true even after the enactment of the Constitution amendment Act No. 18 of 1996. Before concluding this part, it is important to summarise the judicial system in place today. The Supreme Court of Zambia, established under Article 91 of the Constitution is the highest court in the country. It is a court of unlimited appellate jurisdiction. It consists of the Chief Justice, the Deputy Chief Justice and seven appeal judges or such greater number as may be prescribed in an Act of Parliament. The High Court of Zambia is the second highest court. It is a court of unlimited original and appellate jurisdiction, except for matters specifically reserved for the Industrial and Labour Relations Court and has original jurisdiction over all civil and criminal matters. The High Court consists of the Chief Justice (ex-officio) and such number of puisne judges as may be determined in an Act of Parliament. The High Court also has supervisory powers over all proceedings in all the courts subordinate to it. 48 The Constitutional Amendment Act No. 18 of 1996 has introduced an interesting development in the number of courts for the Republic. The Industrial Relations, which was from its inception a tribunal is now, became part of the Judicature of Zambia. The real benefits of this change are hard to see, but the most immediate problem has been confusion between the powers of the High Court and that of the Industrial Relations. Furthermore, whereas the role of the Industrial Relations Court is to do substantial justice, there is a steady departure from this guiding principle. The Industrial Relations Court has become more and more legalistic in its determination of cases although, as an institution, is it ill-equipped for this role. Cases are determined not on the basis of the facts of the case or in order to do substantial justice, but because there are legal precedents to that effect especially those from the Supreme Court. The other courts down the hierarchy are the subordinate courts. These are provided for under the Subordinate Courts Act. They are presided over by magistrates. Both the courts and the magistrates are divided into classes, and the relationship of the various classes of magistrates to the various classes of subordinate courts is clearly stated by Section 3 of the Act. There shall be and are hereby constituted courts subordinate to the High Court in each district as follows: (i) A Subordinate Court of the first class to be presided over by a Senior Resident magistrate, Resident Magistrate or a magistrate of the first class; (ii) a Subordinate Court of the second class to be presided over by a magistrate of the second class; (iii)a Subordinate Court of the third class to be presided over by a magistrate of the third class. The jurisdiction of each subordinate court is limited both territorially and substantively on a graduating scale depending on the class of the court and the magistrate. Subordinate courts also have appellate jurisdiction to hear appeals from local courts. Finally, at the bottom of the hierarchy of courts are the Local Courts, established under the Local Courts Act 1966. They are presided over by Local Court presidents. Their jurisdiction is limited both territorially and in terms of the substantive law. With regard to the latter, the statute provides that they may only administer African customary law and such other statutory laws as may be explicitly extended to them.

Stranger Existentalism essays

Stranger Existentalism essays Existentialism is a philosophy that emphasizes a few main points, such as the freedom to choose and the choices you make should be made without the assistance of another person or standard. From the existentialist point of view you must accept the risk and responsibility of your choices and follow the commitment to wherever it leads. Someone that is put in a particular situation understands it far more than someone looking in on that same situation, one commonly used situation that appears often in existentialist writing is that of death. The existentialist should learn to accept death when the time has to come and should know that the most important questions in life are not accessible to reason or science. Acting on your own experiences is essential in arriving at the truth and man is condemned to be free. (Sartre) There were two parts in The Stranger that helped me better understand existentialism the most. One part of the novel that helped me to understand existentialism better was when Meursault shot the Arab on the beach and how he handled the situation afterwards. The Arab had drawn his knife and held it up to Meursault, but this wasn't what bothered him, it was the light from the sun that shot off the Arabs knife, and the intense heat along with the salt from his sweat in his eyes that was bothering him. Meursault shot the Arab mainly because he was uncomfortable and not because he felt threatened, but in any case he made the decision to shoot him. In the next chapter Meursault can't understand why he would need an attorney for his case because it's simple to him, he had murdered a man and was now ready to pay the consequences. He had made a choice that might not have been the right one but he accepted it and was ready to go through with his decision to wherever it would lead. The other part in The Stranger that helped me to understand existentialism better was at the end of the novel when Meursault is se ...