Ministerial responsibility is the cornerstone

Ministerial responsibility is the cornerstone In medieval times, the royal will was signified in documents bearing royal seal and was applied by one of the King’s ministers. Maitland has described this practice as being â€Å"the foundation for our modern doctrine of ministerial responsibility – that for every exercise of the royal power some minister is answerable†[1]. This essay will consider the modern doctrine of ministerial responsibility and examine the extent to which it forms, in modern political times, the cornerstone of accountability in the UK constitution. The convention of ministerial responsibility has been described by Loveland as â€Å"perhaps the most important non-legal rule within our constitution†[2]. The convention may be said to be concerned with regulating the conduct of government activities, both in respect of Ministers’ relations with each other, and with the two Houses of Parliament[3]. Ministerial responsibility comprises of two branches: collective responsibility and individual responsibility[4]. Collective ministerial responsibility may be further reduced into three main rules: the confidence rule; the unanimity rule, and; the confidentiality rule[5]. Through the operation of these rules, Ministers of the Government all appear to others to share the same policy opinions, whatever their own personal views. They are therefore collectively responsible for any decisions made by the Government and the Government as a whole should resign if it loses confidence. The doctrine of collective responsibility was stated in 2005 in the following form: â€Å"Collective responsibility requires that Ministers should be able to express their views frankly in the expectation that they can argue freely in private while maintaining a united front when decisions have been reached. This in turn requires that the privacy of opinions expressed in Cabinet and Ministerial Committees should be maintained.†[6] It therefore follows that where a Minister does not wish to be publicly accountable to Parliament and the electorate for a Governmental decision, he should resign from the Government. This occurred, for example, when Robin Cooke resigned over the Labour Government’s decision to invade Iraq in 2003[7]. Collective ministerial responsibility allows all members of Government to be accountable as a whole, thus avoiding arguments and blame-shifting between different Ministers and Departments. In this way, collective responsibility enhances the accountability of Government. Individual ministerial responsibility is the convention that a Minister answers to Parliament for his department, with praise and blame being addressed to the minister and not civil servants[8]. It has been said that â€Å"the fundamental purpose of the convention of individual ministerial responsibility is that it provides an important means of drawing information into the public domain†[9] The principle has often been associated with the idea that ministers must resign in cases of official wrongdoing[10] but it also encompasses Ministers’ on-going obligations to account to Parliament for their departments’ work[11]. However, in 2000, Jowell and Oliver suggested that ministerial responsibility to Parliament had been â€Å"significantly weakened over the last ten years or so†¦ so that it can no longer be said, in our view, that it is a fundamental doctrine of the constitution†[12]. Their opinion may have been influenced by the structural changes in government. During the 20th century tasks of the state expanded and vast Whitehall departments were created, with the effect that ministers could not oversee all aspects of the departments’ work[13]. Executive ‘Next Steps’ agencies created since 1988 had the specific purpose of delegating managerial power. Indeed, as Turner states: â€Å"Ministerial responsibility, however, is a different matter in the modern era. It has shrunk, it seems, almost to nothing, thanks, in no small part, to the creation of â€Å"independent† agencies to undertake the work of government.†[14] Where civil servants have great authority, the question arises as to what extent a Minister is responsible for any acts of maladministration, and whether maladministration results in a duty to resign. Is it fair to hold the Minister responsible? If not, who should be and how does this affect accountability? As Tomkins notes, during the Major Government’s office from 1990 to 1997 â€Å"Ministers and senior civil servants†¦ proposed a number of initiatives that sought significantly to undermine the tenets of individual responsibility†[15]. It was claimed that Ministers were responsible only for those decisions in which they were directly and personally involved. Michael Howard claimed, after serious failings leading to Prison escapes, that Ministers were responsible to Parliament only for policy matters, with â€Å"operational† failings falling outside the scope of individual responsibility[16]. Furthermore, it was argued that where Ministers had misled Parliament, they should resign only if they had done so knowingly rather than inadvertently[17]. In this way Ministerial responsibility was weakened, with accountability becoming more prominent. A minister may be said to be accountable to Parliament for everything which occurs in a department, having a duty to inform Parliament about the policies and decision of the department and to announce when something has gone wrong. However, this does not bring with it responsibility in the sense that the Minister takes the blame. In 1997 the Ministerial Code reformulated ministerial responsibility to the effect that: Ministers must uphold the principle of collective responsibility; (b) Ministers have a duty to Parliament to account, and be held to account, for the policies, decisions and actions of their departments and agencies; (c) it is of paramount importance that Ministers give accurate and truthful information to Parliament, correcting any inadvertent error at the earliest opportunity. Ministers who knowingly mislead Parliament will be expected to offer their resignation to the Prime Minister; (d) Ministers should be as open as possible with Parliament, refusing to provide information only when disclosure would not be in the public interest†¦; (e) Ministers should similarly require civil servants who give evidence before Parliamentary Committees on their behalf and under their direction to be as helpful as possible in providing accurate, truthful and full information†¦[18] This new formulation would suggest that it is now ministerial accountability rather than responsibility which forms the cornerstone of accountability in the UK constitution. Unless there is fully open Government, there may be situations which arise where no person will take responsibility for actions and Ministers’ relationship with the Civil Service will be fundamentally changed. As Hennessy points out: â€Å"For the Civil Service the buck-stopping question is of crucial importance. Under the doctrine of ministerial responsibility, ministers are the ultimate can-carriers for everything done by the civil service in their name†[19]. This will no longer be the case where a Minister’s responsibility ends with alerting Parliament to a problem. Bibliography Allen, M. Thompson, B., Cases and Materials on Constitutional and Administrative Law, 9th Edition, (2008), OUP Bamforth, N., â€Å"Political accountability in play: the Budd Inquiry and David Blunkett’s resignation†, (2005), Public Law, 229 Bradley, A.W. Ewing, K.D., Constitutional and Administrative Law, 14th Edition (2007), Pearson Longman Brazier, R., â€Å"It is a Constitutional Issue: Fitness for Ministerial Office in the 1990s†, (1994), Public Law, 431 Cooke, R., The Point of Departure (2003), Simon and Schuster Hansard, HC cols 31-46 (January 10, 1995) Hennessy, P., Whitehall, (1989), Secker Warburg Hough, B., â€Å"Ministerial responses to parliamentary questions: some recent concerns†, (2003), Public Law, 211 Jowell, J. Oliver, D., The Changing Constitution, 4th Edition, (2000), OUP Lewis, N. Longley, D., â€Å"Ministerial Responsibility: The Next Steps†, (1996), Public Law, 490 Loveland, I., Constitutional Law, Administrative Law, and Human Rights: A Critical Introduction, 4th Edition, (2006), OUP, Maitland, Constitutional History, Marshall, G., Constitutional Conventions, (1984) Ministerial Code: a Code of Ethics and Procedural Guidance for Ministers (reissued, July 2005) Tomkins, A., The Constitution after Scott: Government Unwrapped, (1998), Clarendon Tomkins, A., Public Law, (2003), OUP Turner, A., â€Å"Losing heads over the lost data†, (2007), 171, Justice of the Peace, 841 1 Footnotes [1] Maitland, Constitutional History, pg 203 [2] Loveland, I., Constitutional Law, Administrative Law, and Human Rights: A Critical Introduction, 4th Edition, (2006), OUP, pg 306 [3] Loveland, ibid, pg 306 [4] Allen, M. Thompson, B., Cases and Materials on Constitutional and Administrative Law, 9th Edition, (2008), OUP, pg 251 [5] Marshall, G., Constitutional Conventions, (1984), pg 55-56 [6] Ministerial Code: a Code of Ethics and Procedural Guidance for Ministers (reissued, July 2005), para 6.17 [7] Cooke, R., The Point of Departure, pg 115 [8] Bradley, A.W. Ewing, K.D., Constitutional and Administrative Law, 14th Edition (2007), Pearson Longman, pg 114 [9] Hough, B., â€Å"Ministerial responses to parliamentary questions: some recent concerns†, (2003), Public Law, 211 [10] See e.g. Lewis, N. Longley, D., â€Å"Ministerial Responsibility: The Next Steps†, (1996), Public Law, 490; Brazier, R., â€Å"It is a Constitutional Issue: Fitness for Ministerial Office in the 1990s†, (1994), Public Law, 431 [11] Bamforth, N., â€Å"Political accountability in play: the Budd Inquiry and David Blunkett’s resignation†, (2005), Public Law, 229 [12] Jowell, J. Oliver, D., The Changing Constitution, 4th Edition, (2000), OUP, p. viii [13] Bradley Ewing, ibid, pg 114 [14] Turner, A., â€Å"Losing heads over the lost data†, (2007), 171, Justice of the Peace, 841 [15] Tomkins, A., Public Law, (2003), OUP, pg 140-141 [16] Hansard, HC cols 31-46 (January 10, 1995) [17] Tomkins, A., The Constitution after Scott: Government Unwrapped, (1998), Clarendon, pg 41-45 [18] HC Deb, 19 March 1997, col 1046 [19] Hennessy, P., Whitehall, (1989), Secker Warburg, pg 502

Who is to blame Essay -- essays research papers

Who Is To Blame? â€Å"Frankenstein†, one of the key texts in modern literature, was written by Mary Shelley in 1818 when she was only 21. The novel was first published anonymously, and the author was only later revealed to be Shelley. When she republished the book in 1831, with changes to the story, Shelley had finally answered the question she had been asked several times: how could such a young girl write about such horrible things? Her answer describes her literary sources, as well as a disturbing dream that was the kernel of inspiration for the story. â€Å"Frankenstein† is a tale about a man named Victor Frankenstein who creates life out of ‘raw materials’. As the story unfolds, the creature comes to life and ends up, out of revenge, killing several members of Frankenstein’s family. Although ...

Ethical Dilemma Worksheet Essay

Include any important | |potential economic, social, or political pressures, and exclude inconsequential facts. | | | |The most important fact about this case is that officers never saw the male suspect driving while intoxicated. The fact that two | |different police reports were made one stating the officer saw the male driving and the other stating officer did not see the male | |driving. | |Identify each claimant (key actor) who has an interest in the outcome of this ethical issue. From the perspective of the moral | |agent—the individual contemplating an ethical course of action—what obligation is owed to the claimant? Why? | |Claimant |Obligation (owed to the|Perspective (What does the claimant hope will happen? ) | |(key actor) |claimant) | | |Officer Rook |Designated officer to |Officer Rook wrote the original police report and followed policy and turned it in to | | |write original report |the D. A. ffice to let the process begin for the individual male arrested for driving | | | |while intoxicated. | | D. D. A. Acute |To ensure that laws are| | | |upheld and the process |D. D. A. notices the differences between both police reports and make notes of them. | | |serves all parties |The D. D. A. has the responsibility to uphold all laws and rights of individuals and | | |involved. |wants to ensure that the criminal justice system is just and fair. |Officer Nixon |Turning in second |Officer Nixon turned in the second the police report that made n ote that the officers | | |police report |saw the individual male driving. This officer wants a conviction of the individual | | | |male for driving while intoxicated. | |Wife |Wants to take husband |Wife wants to take husband home after being processed. Wife reported that her husband| | |home |had bad experiences while in Somalia and it would best for him to go home. | | | | | | | | Evaluating Alternatives |What are two alternatives for the scenario? One alternative can be a wild card that you ordinarily may not consider an option | |because of potential implications. Both should be within free will and control of the same moral agent. |Alternative A |Alternative B | |Use report without seeing intoxicated male driving |Use report with seeing intoxicated male driving | |Respond to the following questions based on your developed alternatives. | | |Alternative A |Alternative B | |What are the best- and worst-case | | |scenarios if you choose this |Best-Original report is used charges are |Best-male is convicted of driving while | |alternative? |dropped. |intoxicated | | | | | | |Worst- the male individual is drug through |Worse-Male is convicted of driving while | | |the criminal justice system and tax payer |intoxicated. The original police report is | | |money is wasted. |never shared | |Will anyone be harmed if this |No harm will come. |Yes harm may come when convicted and sentence to| |alternative is chosen? If so, how | |serve time incarcerated. | |will they be harmed? Consider | | | |families and derivative effects. | | |Would honoring an idea or value—such | | | |as personal, professional, or |No |Yes | |religious—make the alternative | | | |invalid? | | | | | | |Are there any rules, laws, or | | | |principles that support the |Yes the law of needing to see the driver of |no | |alternative? Are there rules, laws, |driving while intoxicated. | | |or principles that make the | | | |alternative invalid? State the rule | | |or principle and indicate if it | | | |invalidates or supports the | | | |alternative. | | | Applying Ethical Guidelines |Consider each ethical guideline and explain whether it would support or reject your alternative. |Guidelines based on the action itself |Alternative A |Alternative B | |Should this alternative become a rule or policy that everyone in this|There is law in place to avoid|No, this is wrong and | |situation should follow in similar situations in the future? (Kant) |making arrests like this. |unethical | |Does this alternative result in using any person as a means to an end|No |Yes the Officer Nixon wrote a | |without consideration for his or her basic integrity? Kant) | |bad report and is using the | | | |court system to enforce his | | | |false report | |Is the intent of this action free from vested interest or ulterior |Yes |No, convict ion is wanted | |motive? Kant’s good will) | | | | Does this alternative demonstrate a genuine concern for others |No |No | |affected by the decision, and is the moral agency responding to a | | | |perceived need? | | | |Guidelines based on consequences |Alternative A |Alternative B | |Is the good hat results from this alternative outweighed by the |Yes, the good being that the |No, falsifying reports is | |potential harm that might be done to others? (Mill’s harm principle) |charges are dropped. |unethical and can have | | | |rippling effects on all | | | |officers. |Is any harm brought about by anyone other than the moral agent? |No |Yes, the husband and the | |(causal harm) | |rookie officer who wrote the | | | |first report. | |Will anyone be harmed who can be said to be defenseless? No |No | |(paternalism) | | | |To what degree is this alternative based on the moral agent’s own |This is the truthful report |This should never be used, | |best interest? (ethical egoism) |and should be used regardless |based on it bei ng falsified. | |of the outcomes. | | |Which alternative will generate the greatest benefit—or the least |Because this alternative is | | |amount of harm—for the greatest number of people? Select only one |the truth it will only have | | |alternative. (utilitarianism) |the best possible outcome. | Ethical Decision Making |Choose to proceed with either Alternative A or Alternative B and explain the reasons for your decision. | | | |I would go with alternative A, because it is the truth and the original report turned in. I would allow the court system work | |their process and except the outcome reached. I would then address the facts of a falsified police report and the officer who tried| |to used it. |

How to Homeschool Art Instruction

How to Homeschool Art Instruction Are you one of those adults who claims to be unable to draw a stick figure? If so, you may be perplexed when thinking of how to homeschool art instruction. Many parents feel they can handle reading, writing, and arithmetic, but when it comes to more creative pursuits such as art or music instruction, they may find themselves at a loss. Adding creative expression to your homeschool doesn’t have to be difficult, even if you don’t feel particularly creative yourself. As a matter of fact, art (and music) can be one of the most exciting and relaxing homeschool subjects to learn alongside your student. Types of Art Instruction As with music instruction, it helps to define exactly what you plan to teach within the broad subject of art. Some areas to consider include: Visual arts. Visual arts are probably what  come to  mind first for most people when thinking of art. These are the art pieces created for visual perception and include artforms such as: PaintingDrawingSculptureCeramics Visual arts  also includes other artistic disciplines that we may not initially consider when thinking of art, such as jewelry-making, filmmaking, photography, and architecture. Art appreciation. Art appreciation is developing a knowledge and appreciation of the qualities that comprise great and  timeless works of art. It includes the study of the different eras and styles of art, along with the techniques of various artists. It will include study of various works of art and training the eye to see the nuances of each. Art history. Art history is the study of the development of art  Ã¢â‚¬â€œ or human expression  Ã¢â‚¬â€œÃ‚  through history. It will  include a study of artistic expression  throughout various periods in history and how the artists of the period were influenced by the culture around them  Ã¢â‚¬â€œ and perhaps how the culture was influenced by the artists. Where to Find Art Instruction With so many different types of artistic expression, finding art instruction is usually just a matter of asking around. Community classes. It’s not difficult to find art lessons within the community. We’ve found city recreation centers and hobby shops often offer art or pottery classes. Churches and synagogues may also have resident artists who will offer art classes to their members or to the community. Check these sources for classes: Library, church, or community center bulletin boardsArt studios and art supply shopsHomeschool newsletter classifiedsFriends and relatives - word-of-mouth among  homeschooling families is second to noneChildren’s museums Art studios and museums. Check with local art studios and museums to see if they offer classes or workshops. This is especially likely during the summer months when art day camps may be available. Continuing education classes. Inquire at your local community college or check their website for continuing education classes  Ã¢â‚¬â€œ online or on campus  Ã¢â‚¬â€œ that may be available to the community. Homeschool co-ops. Homeschool co-ops are often an excellent source for art classes since many co-ops focus on electives, rather than core classes. Local artists are often willing to teach such classes if your co-op is willing to host them. Online lessons. There are many online sources available for art lessons  Ã¢â‚¬â€œ everything from drawing to cartooning, watercolor to mixed media art. There are countless art lessons of all varieties on YouTube. Book and DVD lessons. Check your local library, bookseller, or art supply store for book and DVD art lessons. Friends and relatives. Do you have artistic friends and relatives? We have some friends who own a pottery studio. We once took art lessons from the friend of a friend who was a watercolor artist. A friend or relative may be willing to teach art to your children or a small group of students. How to Include Art in Your Homeschool With a few simple adjustments, you can seamlessly weave art into the other activities in your homeschool day. Keep a nature journal. Nature journals provide a low-key way to encourage artistic expression in your homeschool. Nature study gives you and your family an opportunity to get outside for some sunshine and fresh air while providing plenty of creative inspiration in the form of trees, flowers, and wildlife. Include art in other courses, such as history, science, and geography. Include art and art history in your history and geography studies. Learn about the artists and type of art that were popular during the time period you’re studying. Learn about the style of art associated with the geographic region you’re studying since most regions have a particular style for which they are known. Draw illustrations of the scientific concepts you’re studying, such as an atom or an illustration of the human heart. If you’re studying biology, you might draw and label a flower or a member of the animal kingdom. Purchase curriculum. There is a wide variety of homeschool curriculum available to teach all aspects of art  Ã¢â‚¬â€œ visual art, art appreciation, and art history. Shop around, read reviews, ask your homeschool friends for recommendations, then, make art a regular part of your homeschool day (or week). You may wish to choose loop scheduling to include it or make some simple adjustments to make time for art in your homeschool day. Include creative time each day. Offer your children time to be creative each school day. You don’t have to do anything structured. Simply make art and craft supplies accessible and see where your creativity takes you. Get in on the fun by sitting down and creating with your children during this time. Studies have suggested that coloring helps adults combat stress, making adult coloring books wildly popular right now. So, spend some time coloring with your children. You could also paint, draw, sculpt with clay, or recycle old magazines into creative collages. Do art while doing other things. If your kids have trouble sitting quietly during read-aloud time, occupy their hands with art. Most types of artistic expression are relatively quiet activities, so your children can create as they listen. Combine your study of art with your study of music by listening to your favorite composers during your art time. Online Resources for Homeschool Art Instruction There are a wide variety of resources for art instruction available on line. Following are just a few to get you started. NGAkids Art Zone by the National Gallery of Art offers a variety of interactive tools and games to introduce kids to art and art history. Met Kids The Metropolitan Museum of Art offers interactive games and videos to help kids explore art. Tate Kids  offers kids games, videos, and fresh ideas for creating art. Google Art Project  provides the opportunity for users to explore artists, mediums, and much more. Art History Basics  by Kahn Academy  introduces students to art history with a variety of video lessons. Art for Kids Hub  offers free videos along with a variety of art lessons in different media, such as drawing, sculpting, and Origami. Mixed Media Art Workshops by Alisha Gratehouse features a variety of mixed media art workshops. Homeschooling art instruction doesn’t have to be complicated or intimidating. On the contrary, it should be fun for the whole family! With the right resources and a little planning, it’s easy to learn how to homeschool art instruction and include a bit of creative expression in your homeschool day.

Southern Horrors and Other Writings essays

Southern Horrors and Other Writings essays What is mob violence? Well, nowadays, mob violence differs in comparison to mob violence in the nineteenth century. In the years following the Civil War, there was a lot of mistreatment of African Americans. Ida B. Wells, a young African American journalist, investigated and accounted for the violence acted upon the African Americans during the Post-Reconstruction period. Wells wrote about her investigations because she belied it was the " first step to tell the world the facts" and to make lynching "a crime against American values"(27). In the book Southern Horrors and Other Writings, Royster discussed the mob violence of the lower South and the steps that Wells took to end this violence. During the nineteenth century, a lot of different acts of mob violence were done to the African Americans in the South. Wells focused on lynching of African Americans by the mob. The reasons given for lynching were "allegations of murder, burglary, arson, poisoning water and livestock, insulting whites, being insolent, and other perceived 'offenses,' and sometimes they were lynched on no charges at all"(29). These reasons were not very legitimate. The lynchings could have been handled in a different way as in a court and jury, not by a mob. The mob violence really attacked the African Americans to a point where they had no say in the doings. The people that were mistreated were men, women, and children. Ida B. Wells reported in A Red Record that "during a single year, 1892, 241 men, women, and children across 26 states were lynched. Of the 241, 160 people were identified as African Americans, which represented an increase of 200 percent over the ten-year period since 1882"( 10). This shows that at the time of Reconstruction, violence toward African Americans increased rapidly. Often, African Americans were lynched for odd reasons. Many African American men were lynched for alleged rape of white women even though they had been in a...

What aspects of an organisations internal environment are critical to Essay

What aspects of an organisations internal environment are critical to the success of an organisations strategy - Essay Example This essay will deal with certain vital facts related to internal environment and strategic management. The first few paragraphs are devoted in introducing the concept of organisational strategy and internal environment. In the latter part, an elaborate discussion is conducted on the various process by which internal environment of an organisation influences the organisational strategy. Some real life examples are also discussed to understand the manner in which few companies have modified their organisational strategy as per the internal environment to gain synergy and competitive edge in the market. Different authors have nurtured different views on the concept of strategy. In general it can be concluded that strategy assists in identifying objectives which will add competitive edge to the company over its market rivals (Sutton, 1980, p.1). Organisational strategy provides a vision or direction that organisation should strive to gain competitive position over its rivals. While developing any strategy, the management should keep in mind that the strategy should be aligned with the organisation’s market position, prevailing resources and capability possessed by it. Strategy provides the guideline for resource allocation and management policies (Walker, 2003, p.4). External environmental factors are those factors which are not under the direct control of the company. These include economic, political, social, technological, legal and environmental factors. Since these factors lie beyond the reach of the company, they constitute the threats and opportunities of the business (Norton, 2008, p.10). On the other hand, the internal factors which directly or indirectly affect an organisation are financial resources, physical resources, objective of business, managerial policies, work environment, corporate image of the organisation, its relation with labours, technical and R&D capability and promoters’ vision

Exercise 3, page 112 Essay Example | Topics and Well Written Essays - 250 words

Exercise 3, page 112 - Essay Example Some of the facilities that are present include an Olympic size swimming pool, a handball court, a basketball court, a squash court as well as a whirlpool. Others include saunas and steam baths, locker and shower facilities together with free packing. The exercise machines present include treadmills, bikes, steppers, the new cybex(Nautilus style) machine together with rowers and ellipticals. This is a very good offer for the employees and their families, as spouses of members or their domestic partners are eligible with a 20 percent discount of the clubs normal rates. The club offers very reduced rates for the hospital employees that are very reasonable and cannot be found in any other health club anywhere near the hospital. The rates are posted on our official website which is www.healthclubin.org so feel free to visit it. The working hours are weekdays 5pm to 10pm while on weekends it is 7am to 8pm. For more information please call us on