Wednesday, January 22, 2020
Characteristics of Becker in the Film M :: Films Movies M Becker Essays
Characteristics of Becker in the Film M The character of Becker in the film "M" had many childlike qualities, which drew in his victims. These qualities that Becker possessed, he exploited to his own gain. The children immediately gave him their trust because of his ability to relate to them, and he knew that. But I really don't think this was really an alter ego, because he seemed to have these traits all the time. Inside he was really a sick man, to kill there has to be something wrong with him, epically to kill small children, and furthermore little girls. Becker knew how to dram them in. He bought them balloons, and whistled. He bought them fruit, and candy, and openly ate on the street with them. Something that was, "against the norm", for grownups to do. He chatted them up, and they even felt comfortable enough to call him uncle. Becker when confronted reverted back to childhood, acting like he didn't know right from wrong. The way he explained it he was like a kid in a candy store, the girls were tempting him, and the only thing he could do was snatch them up. They preserved his youth. This isn't an uncommon thing to do. Epically with mass murders, they have to make their victims feel comfortable enough to go with them. In the case of John Wayne Gasey, he preformed as a clown and acted like a perfectly nice gentleman when luring his victims. People trusted them, especially their victims, or they never would have been killed in the first place. The element of trust and relating with the prey is apparently crucial in gathering up victims. In the case of Hiltler, he had the whole of Germany under his spell, and that is how no one questioned his tactics. He was a very forceful speaker and people trusted him, and they believed in his ideas for a utopia. If no one trusted his, the war wouldn't have been as devastating and the jews would have left Germany far before they were ever marked as pariahs. Becker had to be trusted or his ploys would have never been carried out. He had to be crafty in his manner and nice enough to keep the children calm. So nobody would suspect what his motives were.
Tuesday, January 14, 2020
Colloquial English Grammar
Estonian Business School Institute of Foreign Languages GRAMMAR OF SPOKEN ENGLISH Term Paper By Maria Esko BBL-2 Supervisor: Ludmilla Podolski Tallinn 2012 Table of Contents Introduction3 Common Features of Spoken English4 Grammar Characteristics7 Clause Combination7 Position of items8 Pausing, Repeating and Recasting8 Organising the discourse9 Ellipsis9 Response Tokens10 Vague Expressions11 Headers and Tails11 Conclusion12 References13 Introduction In the business world, communication is vital for creating new networks and acquiring important business partners.Communication is the activity of conveying information. Effective communication skills can be considered the key to success. I have chosen to investigate English spoken language in order to clarify what spoken English grammar is. As a non-native speaker I consider learning spoken grammar incredibly important in order to understand the other party. The communication process can be considered successfully completed only when the listener has understood the message of the speaker. The fact that speaking and writing are different is quite obvious.The studies of the spoken English grammar have been neglected for a long time, since it was considered as confusing and full of mistakes. Development of technology has made it possible to analyse spoken language more thoroughly. Therefore many fascinating facts about spoken Grammar have arisen. In this paper I will use the term spoken grammar in the meaning of colloquial English. The characteristics of formal English speaking, e. g. prepared speeches are not analysed in this term paper. This paper gives an overview of the main features of the grammar of spoken English.The differences between spoken and written English are supplied with illustrations. In the conclusion the overall characteristics of the grammar of spoken English have been summarised. Common Features of Spoken English Is there any grammar in spoken English? To answer this question I have to define the overall meaning of grammar. According to Encyclopaedia Britannica the term grammar in a restricted sense refers only to the study of sentence and word structure (syntax and morphology), excluding vocabulary and pronunciation.Although language is the same the grammar of spoken English may differ since following the grammar rules during a conversation is time consuming and unnatural. When spoken language is observed in more detail it also has patterns and specific structures which may be considered as the grammar of spoken language. During a conversation we do not have much time to think what we are about to say and can not plan our speech in advance (excluding some special cases). While listening to a recorded speech it feels normal, fluent and easy to follow. On the other hand, when put on paper it is rather difficult to understand.However it gives an opportunity to notice some specific features of colloquial English language, such as silent pauses, voice filled pauses, repetitions , false starts, discourse markers(small words or fixed phrases used to indicate the beginning or the end of an idea) and short forms (Leech, Svartvik, 2002). Specific features mostly have a contextual meaning for the listener and can indicate different changes in the subject of the conversation. In this paper the term Spoken English language is understood in a narrow sense. It only includes the colloquial English and face-to-face interactions.Prepared speeches and other types of formal English speaking are not taken into account and are not discussed in the given work. In the figure below are presented the seven most typical conditions operating in real-time conversation. These features best describe why spoken language is so difficult to put in writing. Figure 1: Seven conditions operating in conversation (Leech, n. d. , figure 2) Further is given an example of a conversation which illustrates the conditions generally operating in a conversation. It will be later analysed and used as an example for various items of spoken grammar.Four speakers are sitting at the dinner table talking about a car accident that happened to the father of one of the speakers. At the end of this sequence they switch to another topic. Iââ¬â¢ll just take that off and Have you got hold of it? are references to a large pan which is on the dinner table. The = sign indicates an utterance which is cut short The + sign indicates an interrupted turn which continues at the next + sign A: Iââ¬â¢ll just take that off. Take that off. B: All looks great. C: [laughs] B: Mm. C: Mm. B: I think your dad was amazed wasnââ¬â¢t he at the damage.A: Mm. B: Itââ¬â¢s not so much the parts. Itââ¬â¢s the labor charges for= D: Oh that. For a car. B: Have you got hold of it? A: Yeah. B: It was a bit erm= A: Mm. C: Mm. B: A bit. A: Thatââ¬â¢s right. B: I mean they said theyââ¬â¢d have to take his car in for two days. And he said all it is is straightening a panel. And theyââ¬â¢re like, à ¢â¬ËOh no. Itââ¬â¢s all new panel. You canââ¬â¢t do thisââ¬â¢. C: Any erm problem. B: As soon as they hear insurance claim. Oh. Letââ¬â¢s get it right. C: Yeah. Yeah. Anything to do with+ A: Wow. C: +coach work is er+ A: Right. C: +fatal isnââ¬â¢t it. A: Now.As can be seen in the example taken from Cambridge Grammar of English a comprehensive guide spoken and written English Grammar and usage (Carter, McCarthy, 2006, 165), understanding of the text depends on the context and the immediate situation. Example shows some of the units that can be frequently encountered in spoken grammar, such as indeterminate structures ellipted forms, incomplete structures, subordinate clauses not obviously connected to any particular main clause, interrupted structures with other speaker contributions intervening, words whose grammatical class is unclear.Conversation happens in real time and is spontaneous, therefore speakers make mistakes and we can observe common features of spoken grammar. Some sentences are confusing and hard to understand because we do not have the knowledge of the shared background of the conversation. It is difficult to represent speech in writing so that the reader could easily follow the written conversation. In order to do so there have to be made many remarks to explain what the speaker means. In real-time conversations emotions and vocal intonations are important to understand the speaker.Moreover, it is difficult to determine when the sentence starts and when it ends. This conversation is meant to illustrate precisely what is analysed in the term paper. Spoken Language and Interpersonal Communication In this paper only one part of spoken English will be discussed which is colloquial English. It is an informal interpersonal communication and has its own peculiarities. Conversations are typically carried out in face-to-face interaction with others. They are tied to the participants and the immediate situation. Speakers usually share a common contextual ackground and exchange meanings rather than the content of the message. Meanings will vary depending on the specific social, cultural and institutional knowledge (Biber, Conrad, Leech, 2002, 428). Grammar Characteristics Spoken language and written language coexist. They are not divided sharply but have many different characteristics. Therefore the grammar of colloquial English differs from the written one. There are many differences that could be mentioned; however, due to the limitation of space they remain outside the scope of this paper, which gives a brief overview of the main features of spoken English.Clause Combination In spoken English it is typical when the hierarchy of clauses in sentences is in discord. In real-time communication the speaker is not able to construct over-elaborate patterns of main and subordinate clauses. Usual are sequences of clauses connected by coordinating conjunctions (Carter, McCarthy, 2006, 170). Conjunctions are a grammatical resource to link text. In speech coordinating conjunctions are more frequent than in writing. Coordination is less empathic and more vague, which is characteristic of speech (Leech, Svartvik, 1983).Often subordinate clauses are used by one of the speakers to maintain the conversation or to give additional comments. They often occur after a pause to give evaluation to what have been said. Sometimes clauses ââ¬Å"blendâ⬠in a sentence it happens when the beginning of a sentence is different from how it was completed. This syntactic structure is common in spoken language and is easily understood by the listener. (Carter, McCarthy, 2006, 171): Well, no, Melanieââ¬â¢s actually still a student and she still has ten hours of lectures a week, so she works in McDonaldââ¬â¢s in her spare time cos she needs the money and she works in McDonaldââ¬â¢s in Hatfieldâ⬠¦.Subordinate clauses: A: So I turned round and chased after him. B: Just as I would have done. Clausal blend: They ââ¬â¢ve nearly finished all the building work, hasnââ¬â¢t it? Position of items Spontaneous speech often requires adjustments to be made according to the communicative needs. Therefore it is natural when the speaker changes the position of items in a sentence in order to help the listener to the understand information better (Carter, McCarthy, 2006, 172). In colloquial English subject-verb inversion often takes place.In informal speech it helps to emphasise the subject (Leech, Svartvik, 1983): B: I think your dad was amazed wasnââ¬â¢t he at the damage. Pausing, Repeating and Recasting There are two types of pauses: unfilled and filled. Unfilled pauses are just silent and quite short. They often indicate a change in the direction or the subject of the conversation. Filled pauses are marked by vocalisations, such as er, erm, uh or uhm. These marks can indicate a shift in the topic or that the speaker has not yet finished talking and is thinking of the best way to continue (Ca rter, McCarthy, 2006, 172).Repetition and recasting are very common in colloquial speech. When answering a question by repeating words or phrases the speaker can get some more time to think. Usually repetition occurs at the beginning of an utterance or clause. Recasting is normal in real-time speaking. It happens due to the fact that the speaker is talking very fast and needs to reformulate words or phrases (Carter, McCarthy, 2006, 173-174): I spoke to her last nightâ⬠¦well, sheââ¬â¢s not going to take the job. It was, er, the director, wasnââ¬â¢t it? I, Iââ¬â¢m, Iââ¬â¢m not sure heââ¬â¢ll heââ¬â¢ll be able to arrange that at such short notice.Organising the discourse Spoken language seems quite unorganised. However, speakers often use specific words and structures to indicate how the speech will continue. For example items such as anyway, okay, right, I mean, so, now, etc. These items are named discourse markers. Structurally these markers do not belong to cla uses (Carter, McCarthy, 2006, 174-175). One of the more frequent discourse markers in spoken English is like it is used to mark direct speech (Adolphs, Carter, 2003): Right, weââ¬â¢d better try to phone and see what they have to report.And theyââ¬â¢re like, ââ¬ËOh no. Itââ¬â¢s all new panel. You canââ¬â¢t do thisââ¬â¢. Ellipsis Ellipsis is the absence of elements required by the grammar. However the message doesnââ¬â¢t suffer and missing parts can be understood from the context. In most conversations ellipsis can be classified as initial ellipsis and final ellipsis in some cases also medial ellipsis takes place. In initial ellipsis, words at the beginning of the sentence are dropped, in correspondence in the medial ellipsis in the middle and in the final ellipsis at the end of a sentence (Biber, Conrad, Leech, 2002, 441-443).Also ellipsis can be categorised situational, textual or structural (Carter, McCarthy, 2006, 181): Initial ellipsis: Didnââ¬â¢t know tha t film was on tonight. ââ¬â I is omitted. Final ellipsis: A: I suppose Kathy is still living in that same place. B: Yeah, she is. ââ¬â living in that same place omitted Medial ellipsis: Yeah dude, Iââ¬â¢ gotta start working. ââ¬â instead of I have got to Ellipsis is highly characteristic of spontaneous speech. During a conversation speakers need to reduce syntactic complexity due to real-time pressures.Ellipsis also takes place when avoiding unnecessary repetition and giving fast responses to other speakers (Biber, Conrad, Leech, 2002, 441). Response Tokens Response tokens are very common in spoken language. These are some adjectives and adverbs used to give quick and clear response to the speaking partner and to show that the user is listening and understands what is said to him. Such words include absolutely, definitely, great, fine, good, really. Some words have an association with a particular context. For example fine is used when making arrangements and reaching decisions.Response tokens help the listener to give quick feedback to the speaker, which is very convenient in case of a conversation (Carter, McCarthy, 2006, 188-189): C: Yeah. Yeah. Anything to do with+ A: Wow. C: +coach work is er+ A: Right. C: +fatal isnââ¬â¢t it. A: Now. Vague Expressions Speakers tend to avoid aggressive or authoritative language and in order to sound polite and to soften the language vague expressions are used. The most common are stuff, like, anything, kind, whatever, sort of, etc. Vague expressions soften the information and often are used before some accurate or precise information (Carter, McCarthy, 2006, 202-203).Sometimes these expressions are overused by the speaker: Between then and like nineteen eighty four I just spent the whole time, I mean for that whole sort of twelve year period or whatever, erm I was just working with just lots and lots of different people. Headers and Tails Headers and tails are very common features of spoken language. The y rarely occur in written English and seem very strange. A header occurs in a sentence where an item within a clause structure is placed before the clause and repeated in the clause itself. In other words the header stands in the initial position.Most typically header consists of a noun phrase and is followed by one or more pronouns. Headers are used by the speaker to help the listener to orientate in the facts (Carter, McCarthy, 2006, 192-193): The teacher with glasses, he seems very nice. Tails are similar to headers; the difference is that these items are placed outside the clause structure. Tails are also typically noun phrases. Their purpose is to clarify something mentioned in the main clause. Usually tails clarify or repeat the referent of a pronoun (Carter, McCarthy, 2006, 194-196): Theyââ¬â¢re incredibly nice, our neighbours.Conclusion In conclusion it is possible to say that English spoken language has grammar. However there is still much to be researched. The need to i nvestigate spoken grammar is important in order to improve the speaking skills. In world where communications are developing so rapidly, spoken language and the mastery of it is an empowering skill. Writing is practiced everywhere in the world but the art of conversation is practiced rarely (Brazil, 1995, 11). Spoken grammar highlights the contextual and interpersonal aspects of communications. It is an interactive process and usually it is quite rapid.Therefore speakers use different structures in order to give quick comments or answers. Those structures include response tokens and ellipsis. Often the speaker changes the position of items in order to help the listener to understand the topic. In order to make the speech softer and less authoritative speakers use vague expressions. During the conversation the speaker often looses track of thoughts and therefore pauses, repetitions and recasting help to combine new clause structures. Many other characteristics of the grammar of spoke n English can be named.The knowledge of the grammar of spoken English is important for business communications. People need the necessary skills to express themselves in a best possible way. Studying this subject will provide a better understanding of grammar as a whole and can be a source of new knowledge. References Adolphs, S. , Carter, R. , 2003, And sheââ¬â¢s like itââ¬â¢s terrible, like: Spoken Discourse, Grammar and Corpus Analysis, International Journal of English Studies Biber, D. , Conrad, S. , Leech, G. , 2002, Longman Student Grammar of Spoken and Written English, Edinburgh: Pearson Education Limited Brazil, D. 1995, A Grammar of speech. Oxford: Oxford University Press Carter R. , McCarthy m. , 2006, Cambridge Grammar of English a comprehensive guide spoken and written English Grammar and usage, Cambridge University Press Eggins, S. and D. Slade, 1996, Analyzing casual conversation. London: Cassell Leech G. , Svartvik J. , 1983, A communicative grammar of English, Moscow Prosveshchenie Leech G. , Svartvik J. , 2002, A communicative grammar of English 3d edition, London: Pearson ESL Leech, G. , n. d. , English Grammar in Conversation Lancaster: Lancaster University
Monday, January 6, 2020
Understand the principles and values that underpin work with parents Free Essay Example, 1500 words
This is essential because while practitioners are equipped with sufficient knowledge and expertise, it is also important for the knowledge and opinions of the parents to be considered in the process. Thus, both parties working in collaboration are able to devise an efficient and effective plan for the children (Smith, 2004). Another value embedded into the system includes the adoption of a strengths-based approach. It is vital for all parents to be respected and the process being non-judgmental regarding the parentsââ¬â¢ abilities to rear and provide for their child. The programme aims to emphasise and reflect upon each parentââ¬â¢s strengths, expertise, and knowledge, and work on enhancing these capabilities (Smith, 2004). The services should all be inclusive and easily accessible to the parents as another principle of the Work with Parents project. This means that the services should be specifically tailored to meet the requirements of different cultures, genders, and specific lifestyles. Hence, the programmes should include no discrimination and should aim to understand and relate to the specific needs of different families. Thus, the programme should be able to conform to the specific circumstances posed by every family (NOSWWP, 2012). We will write a custom essay sample on Understand the principles and values that underpin work with parents or any topic specifically for you Only $17.96 $11.86/pageorder now It is also highly emphasised in the principles of the National Occupational Standards that workers should be highly aware and conscious of good practice, and it must thus cater to the needs of the families with the utmost skill and competence. They must apply their skills, knowledge, and training in order to provide high-quality parental support (NOSWWP, 2012). While the main principles of the Work with parents programme have been briefly outlined, the Work with Parents National Occupational Standards underpins and defines fifteen specific principles which govern the programme. The first principle outlines the rights of the child as highlighted and described by the UN Convention on the Rights of the Child (1989), which was approved in the UK in the year 1991. The second principle highlights the need for practitioners to work in partnership with parents and in accordance with the wishes and demands of the parents involved. It also emphasises the need for practitioners to give parents a sense of independence and autonomy while working with their children (NOSWWP, 2012). The third principle acknowledges the supreme knowledge of parents regarding the unique circumstances of their child and assigns them the role of primary educator for their children.
Saturday, December 28, 2019
The Ewer An Example Of Renaissance - Free Essay Example
Sample details Pages: 2 Words: 658 Downloads: 8 Date added: 2019/06/14 Category Art Essay Level High school Tags: Renaissance Essay Did you like this example? The Ewer is French and was made in a town located in the west known as Paris. This ceramic belongs to the French Renaissance and there are many more like it but never of the same design for each one is unique. This style had a name of itrs own, known as Saint-Porchaire ware. Donââ¬â¢t waste time! Our writers will create an original "The Ewer: An Example Of Renaissance" essay for you Create order It had a very high quality and could be found under a kingrs possession due to the difficulty in making one. There are also ties to the royal court having these as well. The style has a mannerist decoration popular in Italian Renaissance leading us to believe the French had this influence. It is known that it was used to carry water or other liquid substances for beverage. There is no known artist to this piece like other Saint-Porchaire ware, all that has been recorded is it was made in a small shop. A few craftsmen are believed to have worked on these due to their similarities in style and design. The amount of labor that went to making this ewer was time consuming. Every little detail was made slowly and carefully made by lead-glazed earthenware. The design was made with clay spinning on a wheel and guided to its shape by hand. The handle and beak was hand molded as well and was helped with metal objects to give its shape and fine detail folding. After the texture was smooth and left to dry they used impressions to stamp the designs. You wont find any of these pottery pieces with multiple colors, they always contained creamy soft colors and dark ink from the stamps. This ewer is very well balanced in its design and the creaturers shapes and size are proportionate to one another. Itrs wide size on top meets to a small base at the bottom and then is being held by a wide platform for balance at the bottom. There is no history on what the small sculpted figures are made out of at the top, but the carving detail is perfected. The texture of this Ewer is not a smooth straight surface all around. You feel the sculpted design and pointed glazed cuts on the handle. The figures faces are three dimensional with the frogrs eyes popping out of its head and the ears of the sea creature at the bottom also standing out of his head. The ribbon like design on top of the stamps are also popping out of the base yet have a smooth texture. There is a strong antique style here and gives even a rustic feel. It makes you believe you could find this in a small outdated village, but with the amount of detail it contains you know this piece was rare to come by and one of a kind, therefore was sold at a high price. This is a historical Ewer leaving us with admiration. Looking at the detail and having us think about the dedication given to this pottery. It leaves us to interpret the creatures however we find more pleasing. Some see a snake but I see sea creatures to be discovered. It brings curiosity to the human eye, we are forced to analyze every detail, inch, and corner to try to understand it. Even to come up with an explanation for its design. The print of Two Flayed Men and Their Skeletons by Domenico Del Barbiere made me respect the dedication artists during the high renaissance had. They studied the human body so well they knew how the muscles worked together and skeletons down to their skeleton form. It makes me think of the extremes artistrs probably went through, such as being present in a body dissection after death where doctors performed incisions. They maybe even looked at doctor notes and books if it was available. I also chose to write about this print because it was all engraved which I know first hand takes a lot longer than sketching.
Friday, December 20, 2019
Embryonic Stem Cell Research And Current Use - 1769 Words
Introduction: The issue at discussion in this report is ESCR (embryonic stem cell research) and current use. This issue causes controversial concerns because the first isolation of the embryo was in 1998, which is still very recent and the policies around it are grey areas. Many countries including the United States of America have removed funding because of issues that have risen due to religious, ethical and legal formalities. Some of the benefits that ESC (embryonic stem cells) promise are the cure for many diseases and even the creation of organs between other scientific advances that could save numerous lives. The benefits that ESC could provide are sometimes questioned to be worth all the ethical issues that they bring. Someâ⬠¦show more contentâ⬠¦The process to isolate an embryonic cell demands de inner cell of a blastocyst. A blastocyst can be described as one of the earlier stages of an embryo, which is reached at about four to five days after fertilization. In the blastocyst stage , the future embryo is not formed by more than fifty to a 150 cells. In the blastocyst stage the cell is comprised of an external layer called trophoblast and the inner cell mass comprised of approximately thirty cells which following normal procedures becomes the embryo and the trophoblast, the placenta. In the process to cultivate the stem cell, the blastocyst must die as the inner cell mass is removed. This practice has been legalized since 2002 in Australia but strict guidelines in regards to licenses as to who is able to perform research and what is permitted in their research must be met. Alternative Views and their Explanation: Dr. James Douglas professor and chair, cell and developmental biology director for Center of Organogenesis has specialised and dedicated most of his career to research how tissues and organs are generated in mammals and how cells are instructed to become specialised cells. Similarly, Dr. Eva L. Feldman professor of neurology in the medical school ââ¬ËA. Alfred Taubman Medical Research Instituteââ¬â¢ and director at ALS clinic has devoted her latest years in the field to conduct innovative research to generate stem-cell technology to treat ALS by injecting stem cells into the spinal cord.
Thursday, December 12, 2019
KING HENRY VI, PART II Essay Example For Students
KING HENRY VI, PART II Essay A monologue from the play by William ShakespeareQUEEN: Be woe for me, more wretched than he is.What, dost thou turn away, and hide thy face?I am no loathsome leper. Look on me. What? Art thou like the adder waxen deaf?Be poisonous too, and kill thy forlorn queen.Is all thy comfort shut in Gloucesters tomb?Why, then Dame Margaret was neer thy joy.Erect his statue and worship it,And make my image but an alehouse sign.Was I for this nigh wracked upon the seaAnd twice by awkward wind from Englands bankDrove back again unto my native clime?What boded this but well-forewarning windDid seem to say, Seek not a scorpions nestNor set no footing on this unkind shore?What did I then but cursed the gentle gustsAnd he that loosed them forth their brazen caves,And bid them blow toward Englands blessed shoreOr turn our stern upon a dreadful rock?Yet Aeolus would not be a murderer,But left that hateful office unto thee. The pretty vaulting sea refused to drown me,Knowing that thou wouldst have me drowned on shoreWith tears as salt as sea through thy unkindness.The splitting rocks cowered in the sinking sandsAnd would not dash me with their ragged sides,Because they flinty heart, more hard than they,Might in thy palace perish Margaret.As far as I could ken thy chalky cliffs,When from thy shore the tempest beat us back,I stood upon the hatches in the storm,And when the dusky sky began to robMy earnest-gaping sight of thy lands view,I took a costly jewel from my neck,A heart it was, bound in with diamonds,And threw it toward thy land. The sea received it,And so I wished thy body might my heart;And even with this I lost fair Englands view,And bid mine eyes be packing with my heart,And called them blind and dusky spectaclesFor losing ken of Albions wished coast. How often have I tempted Suffolks tongue(The agent of thy foul inconstancy)To sit and witch me as Ascanius didWhen he to madding Dido would unfoldHis fathers acts commenced in burning Troy!Am I not witched like her? or thou not false like him?Ay me, I can no more. Die, Margaret!For Henry weeps that thou dost live so long.
Thursday, December 5, 2019
Independence Of Judiciary In Australia Essay Example For Students
Independence Of Judiciary In Australia Essay Independence of Judiciary in Australiaa) How is the independence of the judiciary guaranteed in Australia?While the Westminster system had largely developed because of the doctrine ofseparation of powers, the Australian system of government is largely based onthe Westminster. This doctrine of separation of powers proposes that the threeinstitutions of government, the legislature, the executive and the judiciaryshould be exercised as separate and independent branches. It is this doctrinethat stresses the need for the independence of the judiciary from the other twogovernment institutions in order to protect the freedom of individuals. It isunder this doctrine that no person can be a Member of Parliament and a judge atthe same time. The doctrine of separation of powers offers several advantages,it proposes separate, specialized and efficient branches of government and italso reduces the abuse of government power by dividing it. a) Why is the independence of the judiciary an important feature of Australiassystem of justice?The judiciary is the government branch that is concerned with the administrationof justice. The judiciary is absolutely separate from the executive and thelegislature, so it can check the concentration of government power. Theindependence of the judiciary is crucial of a democratic community because whenjudges are presiding over cases, there must be no interference and intimidationfrom the external forces. The independence issues touches upon the conflict ofauthority and freedom. If the doctrine of separation of powers did not exist,the authority would not be prevented from interfering in the administration ofjustice, therefore the basic freedoms of the citizens would not be guaranteed. It is up to the judiciary to exercise according to the law. It would be withoutthe independence of the judiciary that the principles of rule of law and naturaljustice would be jeopardy and other institutions of government would interferein the administration of justice. There are three main elements of the independence of the judiciary they are,permanency of tenure, dismissal by parliament and fixed remuneration. Permanencyof tenure means that judges are appointed by the executive government and have apermanent tenure until they have to retire at the age of seventy.It was aconstitutional referendum in 1977 that placed this requirement on federal judges. Also state laws have been made, for the state judges to retire at the same age. The only exception is the Family court justices; they have to retire at the ageof sixty-five. Judges can only be dismissed on the grounds of proved misbehaviour or incapacityand can only be dismissed by parliament representatives. This is a very seriousundertaking and has been used in the Australian parliament, but no federaljudges have ever been dismissed. The constitution provides that a salary of ajudge cannot be reduced. This is to prevent manipulation of salaries to a lowlevel, which would force judges to retire from the bench. This would be suitableto an indirect interference in the independence on the judicature. Howeverparliament can increase judges salary if the wish to. Judges also must not interfere with each others deliberations and decisions. While judges hear and make judgments and administer laws, the doctrine ofprecedent is so entrenched as a rule of conduct that it is the golden rule forjudges to follow legal principles created as precedents in superior courts. Judicial independence is also necessary because a judge cannot hear an appealfrom a case that she or he have just presided over, this would lead to aninconsistency in deciding the appeal. .ufa16ea2485f6f1b8cd7ac66878a69180 , .ufa16ea2485f6f1b8cd7ac66878a69180 .postImageUrl , .ufa16ea2485f6f1b8cd7ac66878a69180 .centered-text-area { min-height: 80px; position: relative; } .ufa16ea2485f6f1b8cd7ac66878a69180 , .ufa16ea2485f6f1b8cd7ac66878a69180:hover , .ufa16ea2485f6f1b8cd7ac66878a69180:visited , .ufa16ea2485f6f1b8cd7ac66878a69180:active { border:0!important; } .ufa16ea2485f6f1b8cd7ac66878a69180 .clearfix:after { content: ""; display: table; clear: both; } .ufa16ea2485f6f1b8cd7ac66878a69180 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ufa16ea2485f6f1b8cd7ac66878a69180:active , .ufa16ea2485f6f1b8cd7ac66878a69180:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ufa16ea2485f6f1b8cd7ac66878a69180 .centered-text-area { width: 100%; position: relative ; } .ufa16ea2485f6f1b8cd7ac66878a69180 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ufa16ea2485f6f1b8cd7ac66878a69180 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ufa16ea2485f6f1b8cd7ac66878a69180 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ufa16ea2485f6f1b8cd7ac66878a69180:hover .ctaButton { background-color: #34495E!important; } .ufa16ea2485f6f1b8cd7ac66878a69180 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ufa16ea2485f6f1b8cd7ac66878a69180 .ufa16ea2485f6f1b8cd7ac66878a69180-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ufa16ea2485f6f1b8cd7ac66878a69180:after { content: ""; display: block; clear: both; } READ: social responsibility of business EssayJudges also have judicial independence. They have a law that protects them fromhaving threats of civil litigation for their statements in their judgments. Itis also a criminal offence for a person to interfere with a judges performancewhile they are performing their duties. The rule of law is strictly applied; toacknowledge that everyone has an equal standing before the law and acceptedjudicial practices must be followed. b) Give two examples how judges must comply with the rule of law. The doctrine of precedent is a fixed rule of the judicial conduct. It is theinferior courts that have the obligations to follow the legal principles createdin the superior courts. This when decisions made in the superior courts becomebinding precedents on inferior courts and judges cannot ignore them. For exampleif a District Court judge ignores the legal principle made in the Supreme Court,then on appeal it certain that the decision will be reversed because acceptedjudicial rules were not followed. It is the principle of independent judiciary that conforms to the rule againstbias. Everyone expects their justice to be administered by a member of thejudiciary who is independent form the legislative and executive powers of thegovernment and completely impartial to the case before them for resolution. Judges are expected to be disqualified themselves when they have anyinterference with the financial or other interests in the outcome of a case. This is the fundamental principle for the application of constitutional law asit is to criminal law. For example a person, who is challenging the legality oflegislation at a great cost, would expect the judge to resolve the case on itsmerit rather than the power of the government institution.
Subscribe to:
Posts (Atom)