The Rule of Law Essay Example | Topics and Well Written Essays - 3000 words

The Rule of Law - Essay Example There some theorists and researchers who have written about the rule of law lately. In this essay we deal mainly with two of such writers: Brian Z. Tamanaha and Rachel Kleinfeld Belton. We have chosen their papers as our source material because their points of view seem to be rigorous and comprehensive in the different facets of the rule of law that they talked about. Tamanaha does his best to be epistemic when dealing with the rule of law as a general principle that it is often misunderstood while Belton does her best to find a proper definition of what we mean by rule of law as she is completely aware of the generalised state of confusion about this term. Both writers shed light on this topic, and their insights are very useful in order to get an adequate understanding of the rule of law as a fundamental principle that should be taken into account with a sense of commitment and responsibility not only by government officials, politicians, lawmakers or law people, but by everyone in any society at any time. Nobody is exempt from the rule of law, so everybody has to worry about it. "The rule of law is fundamental to the western democratic order. ... in the case of Proclamations (1610) 77 ER 1352: 'The King himself ought not to be subject to man, but subject to God and the law, because the law makes him King'. (Cooray, 1995). This last assertion is quite bold and brings with it the idea of sovereignty. It can be misinterpreted like the concept of the free will of man. When we analyse carefully the Bible, as it is the Westerne standard as its sacred book, we will clearly see that there is not free will, but free agency. This means that man is not free to act as he pleases, but man is free to act according to the design of his own limited nature. So man is still responsible and accountable for his own deeds before God and man. The same happens with any sovereign who is supposed to act under the duty and the call of the law. Why Plainly because the law is the mechanism that makes him sovereign, that makes him king. Dr. Cooray keeps on analysing the rule of law with the following statements: "The rule of law in its modern sense owes a great deal to the late Professor AV Dicey. Professor Dicey's writings about the rule of law are of enduring significance. The essential characteristic of the rule of law are: i. The supremacy of law, which means that all persons (individuals and government) are subject to law. ii. A concept of justice which emphasises interpersonal adjudication, law based on standards and the importance of procedures. iii. Restrictions on the exercise of discretionary power. iv. The doctrine of judicial precedent. v. The common law methodology. vi. Legislation should be prospective and not retrospective. vii. An independent judiciary. viii. The exercise by Parliament of the legislative power and restrictions on exercise of legislative power by the executive. ix. An underlying moral

Case Study for the Complete Care Repair Research Paper

Case Study for the Complete Care Repair - Research Paper Example Research Problem The research problem has many angles because there are several problems with MindWriter. Some of the problems that have been seen are discussed here: There is a call center that is able to answer questions for customers who have a malfunctioning product. They have an 800 number to call and the call center can answer service, support and ordering questions. Unfortunately these are the only questions they can currently answer. When a person calls in, the call center must take the name, number and address from the customer as well as the Mind Writer model number. The technical representatives with this information will then ask question to understand more clearly the nature of the customer’s problem. They will attempt to resolve the problem on the phone if they can. The challenge is that they cannot answer every inquiry on the phone. Some of the things that need to be researched include: 1. There are employee shortages and training new technical representatives i s time consuming and does not always happen in the time that they are needed. 2. The courier does not always pick up and deliver the products as they have spelled out in the contract with Complete Care Repair. 3. ... Complete Care Repair will need to research to find where the problem really is and do something more to help it. Purpose of the Study The purpose of the study is to define how Complete Care Repair can help MindWriter understand their problems and eradicate them. Some of the issues they will need to understand better in order to help MindWriter include: 1. Check with the courier company and see whether this is the best one for MindWriter to use. 2. Will the repair aspects of Complete Care Repair that include the diagnostic and sequencing areas need to be refined? 3. Does the technical director need more training or is there a need for the staff to have more training in this area? 4. Is there a problem with packaging? Can it be resolved if there is a different type of package created? 5. Is there a need for repair centers closer to where MindWriter operations are or should repair happen on site? These questions will guide the research into how Complete Care Repair can help MindWriter. Research Objectives Then research objectives will be to find out more information about MindWriter in order to help them. Specifically, there needs to be a thorough examination of the entire company in order to identify the problem areas. After Myra and Jason came back from Austin, they were able to identify several areas where there were problems. These areas need to be examined more closely. The research objectives will include: 1. To examine the call center to understand how they work with customers. We will want to identify what is working and what is not working. 2. To examine the packaging to see whether this is the most appropriate packaging or whether there are alternatives that would keep the