Judicial Activism Essay Example for Free

Judicial Activism Essay Judicial activism is gaining prominence in the present days. In the form of Public Interest Litigation (PIL), citizens are getting access to justice. Judiciary has become the centre of controversy, in the recent past, on account of the sudden (Me in the level of judicial intervention. The area of judicial intervention has been steadily expanding through the device of public interest litigation. The judiciary has shed its pro-status-quo approach and taken upon itself the duty to enforce the basic rights of the poor and vulnerable sections of society, by pro ¬gressive interpretation and positive action. The Supreme Court has developed new methods of dispens ¬ing justice to the masses through the public interest litigation. Former Chief Justice PN. Bhagwat, under whose leadership public interest litigation attained a new dimension comments that the supreme court has developed several new commitments. It has carried forward participative justice. It has laid just standards of procedure. It has made justice more accessible to citizens. The term judicial activism is intended to refer to, and cover, the action of the court in excess of, and beyond the power of judicial review. From one angle it is said to be an act in excess of, or without, jurisdiction. The Constitution does not confer any authority or jurisdiction for activism as such on the Court. Judicial activism refers to the interference of the judiciary in the legislative and executive fields. It mainly occurs due to the non-activity of the other organs of the government. Judicial activism is a way through which relief is provided to the disadvantaged and aggrieved citizens. Judicial activism is pro ¬viding a base for policy making in competition with the legislature and executive. Judicial activism is the rendering of decisions, which are in tune with the temper and tempo of the times. In short, judicial activism means that instead of judicial restraint, the Supreme Court and other lower courts become activists and compel the authority to act and sometimes also direct the government regarding policies and also matters of administration. Judicial activism has arisen mainly due to the failure of the executive and legislatures to act. Sec-ondly, it has arisen also due to the fact that there is a doubt that the legislature and executive have failed to deliver the goods. Thirdly, it occurs because the entire system has been plagued by ineffec ¬tiveness and inactiveness. The violation of basic human rights has also led to judicial activism. Finally, due to the misuse and abuse of some of the provisions of the Constitution, judicial activism has gained significance. Besides the above mentioned factors, there are some other situations that lead to judicial activism. These are: (i) When the legislature fails to discharge its responsibilities. (ii) In case of a hung parliament where the government is very weak and instable. (iii) When the governments fail to protect the basic rights of the citizens or provide an honest, efficient and just system of law and administration, (iv) When the party in power misuses the courts of law for ulterior motives as was done during the Emergency period, and (v) Finally, the court may on its own try to expand its jurisdiction and confer on themselves more func ¬tions and powers. Areas of Judicial Activism During the past decade, many instances of judicial activism have gained prominence. The areas in which judiciary has become active are health, child labour, political corruption, environment, education, etc. Through various cases relating to Bandhua Mukti Morcha, Bihar Under trials, Punjab Police, Bombay Pavement Dwellers, Bihar Care Home cases, the judiciary has shown its firm commitment to participa ¬tory justice, just standards of procedures, immediate access to justice, and preventing arbitrary state action. Public Interest Litigation: An Innovative Step towards Judicial Activism Public interest litigation means a suit filed in a court of law for the protection of public interest such as pollution, terrorism, road safety etc. Judicial activism in India acquired importance due to public interest litigation. It is not defined in any statute or act. It has been interpreted by judges to consider the intent of public at large. The court has to be satisfied that the person who has re sorted to PIL has sufficient interest in the matter. In India, PIL initially was resorted to towards improving the lot of the disadvantaged sections of the society who due to poverty and ignorance were not in a position to seek justice from the courts. After the Constitution (Twenty Fifth Amendment Act, 1971), primacy was given to Directive Principles of State Policy by making them enforceable. The courts to improve administration by taking up PIL cases, for ensuring compliance constitutional provisions has also increased. PIL is filed for a variety of cases such as maintenance of ecological balance, making municipal authorities comply with statutory obligations of provision of civic amenities, violation of fundamental rights etc. It has provided an opportunity to citizens, social groups, consumer rights activists etc., easier access to law and introduced a public interest perspective. Justices P.N. Bhagwati and V.R. Krishna Ayer have played a key role in promoting this avenue of approaching the apex court of the country, seeking legal remedies in areas where public interests are at stake. PIL has been considered a boon, as it is an inexpensive legal remedy due to nominal costs involved in filing the litigation. But there are some problems also in the PIL cases. There has been an increase in the number of frivolous cases being filed due to low court fees. Genuine cases got receded to the background and privately motivated interests started gaining predominance in PIL cases. In view of this, the Supreme Court has framed certain guidelines governing the PIL. Presently the court entertains only writ petitions filled by an aggrieved person or public spirited individual or a social action group for enforcement of the constitutional or the legal rights of a person in custody or of a class of persons who due to reasons of poverty, disability, socially or economically disadvantaged position are finding it difficult to approach the court for redress. PIL is an extraordinary remedy available at a cheaper cost. As Justice Bhagwati observed in the case of Asiad workers case, now for the first time the portals of the court are being thrown open to the poor and the downtrodden. The courts must shed their character as upholders of the established order and the status quo. The time has come now when the courts must become the courts for the poor and the struggling masses of this country.

Uncle Toms Cabin :: Uncle Toms Cabin Essays

Uncle Tom’s Cabin UNCLE TOM -Uncle Tom manages the Shelby plantation. Strong, intelligent, capable, good, and kind, he is the most heroic figure in the novel that bears his name. Tom's most important characteristic is his Christian faith. God has given Tom an extraordinary ability. He can forgive the evil done to him. His self-sacrificing love for others has been called motherly. It has also been called truly Christian. AUNT CHLOE- Aunt Chloe, Uncle Tom's wife, is fat, warm, and jolly. She is a good housekeeper and a superb cook, and justly proud of her skill. She loves Tom, and urges him to escape to Canada rather than to go South with Haley. After Tom is sold, she convinces the Shelbys to hire her out to a baker in Louisville and to use her wages to buy Tom's freedom. She is heartbroken to learn of his death. MOSE, PETE, AND POLLY - Mose, Pete, and Polly, the children of Uncle Tom and Aunt Chloe, are playful and rambunctious. Polly is Tom's special favorite, and she loves to bury her tiny hands in his hair. ELIZA HARRIS - Eliza Harris is raised by her mistress, Mrs. Shelby, to be pious and good. Described as light-skinned and pretty, Eliza dearly loves her husband, George Harris, and their little boy, Harry. When she learns that Harry is about to be sold, Eliza carries him in her arms to the Ohio River, which she crosses on cakes of ice. Although generally a modest and retiring young woman, Eliza becomes extraordinarily brave because of her love for her son.

Target Case Study

Case Study: Target Adriana Gonzalez Principles of Marketing Statement of the Problem(s) In this particular case, there is one major dilemma and all other problems seemed to have risen from this one. For the past few years there has been a recession globally. In the year 2008, the recession was at its peak and all industries suffer tremendously. For many years Target grew at a much faster pace than Wal-Mart, but the economy made a radical turn affecting everyone. Target rapidly started to experience low sales as the time pass.As a result, the most important shareholder, William Ackman, demanded a rapid and effective strategy to bring Target’s sales up once again (Armstrong & Kotler, 2012). Summary of the Facts * Target is known for its products in style and fashion. * Numerous designer product lines. * Customers view Target as a retail store with higher prices * Target’s customers went for the lower prices at its competitors retail store * Wal-Mart changed is mission sta tement to â€Å"Save money. Live better. † it mimics Target’s mission statement (Armstrong & Kotler, 2012). While Target’s image of higher quality products remained, Wal-Mart use â€Å"rollbacks† to attract customers. * Target started to greet customers with value messages and big signs promoting sale products (Armstrong & Kotler, 2012). Target’s mission statement has been, â€Å"Expect More. Pay Less. † After the recession the company focused on the â€Å"Pay Less† part of their slogan. At the middle of the year 2008, Target had experienced three quarters of same-store sales growth (Armstrong & Kotler, 2012). Customers did not respond as rapidly as the company hoped.They seemed to be more interested in low prices than quality. Wal-Mart took over Target’s customers during the recession. Analysis The CEO, Gregg Steinhafel, came up with a strategy to help the business. Using the same mission statement, they focused on the â€Å" Pay Less† part of it. On the other hand, Wal-Mart’s new mission statement seemed to fit perfectly with customers during this difficult economy crisis. Target’s competitor closed its quarterly sale-store sales with an increase of five percent during 2008, while Target had no increases (Armstrong & Kotler, 2012).After months of urging the new strategy the company finally got results. New advertising help the company move forward in the industry. Target launched a new brand named â€Å"up & up,† which was a thirty percent lower than comparable brand names. The company also decided to introduce fresh foods that were not as expensive as its competitors. Target’s stock went up twenty-seven percent since 2010, when they introduced fresh foods (Young, 2012). Now customers could to all their shopping at Target without hesitating to make another stop at the grocery store.For the past five years Target and Wal-Mart have been the strongest competitors in the re tail industry. Target suffered the first couple of years, but has climbed up to its competitor’s level. The company was in critical condition when the most important shareholder, William Ackman, demanded effective results. Ackman stated, â€Å"It should be a business that does well, even in tough economic times† (Armstrong & Kotler, 2012). After Ackman’s statement the CEO, Steinhafel, sharpened its strategy by advertising new television commercials with catchy music.Promoting new ads and adding a Target brand helped Target to raise its sales to five percent with profits of fifty-four percent increase (Armstrong & Kotler, 2012). Meanwhile, Wal-Mart focused on low price strategy to save people money. Target on the other hand commits to a higher marketing expenditure and considers its customers guests (Wal-Mart and Target, 2011). After all, many customers continue to shop at Target because of its higher quality products. Recommendations Target is not the only busin ess that was harmed due to the recession. On the contrary, it was one of the businesses that survived those tough years.There were losses in the company, not just financially, it also lost many customers. There were obviously changes that needed to be made quickly and intelligently. The CEO, Steinhafel, made a wise decision when it came to emphasizing differently the current slogan. Customers might have had a different perspective of the store and its products. They may not recognize Target as a high quality and fashionable retail store, but as a retail store that lost its faith in its mission statement. â€Å"Expect More,† is the most important part of the mission statement because customers expect more when they shop at Target.Target’s customers still had that image of better quality but now at lower prices. When it comes to promotion and advertising, the company could have done more on this portion. As the company started to advertise more television commercials and weekly newspaper circulars, the customers soon responded to them. Customers liked the idea of ads showing ordinary people consuming Target’s products (Armstrong & Kotler, 2012). After eighteen long months of pushing forward the strategy Target finally got results. Customers would have responded positively if these promotions were at their reach months earlier.The company’s number one priority needs to be our customers’ demands, wants, and needs. Target’s strategies need to focus around our customers in order to maintain sales and profits. The shortages of concentration on promotion lead to a longer crisis for Target. By researching our customers wants and needs the company can accomplish greater profits. The company cannot set aside the importance of marketing process and marketing mix. Managers have to motivate everyone in the organization to help built customer relationships. Target’s success lies on strong customer-focused and heavily committed to marketing.References Armstrong, G. , & Kotler, P. (2012). Principles of Marketing (pp. 94-95). Upper Saddle River, New Jersey: Prentice Hall. Wal-Mart and Target: Strategic Differences. (2011). Retrieved February 19, 2013, from http://www. ftsmodules. com/public/texts/valuationtutor/VTehn3/tonic8/tonic8htm. Young, A. (2012 August, 23). Target Vs. Wal-Mart: Target Wins on Pricing, Barely, And Probably Not for Long. Retrieved February 19, 2013, from http://ibtimes. com/target_vs_wal-mart_target_wins_prining_barely_and_probably_not_long_htm.

A Doll s House And Ghosts - 1118 Words

Henrik Ibsen incorporates syphilis as a motif to represent the moral corruption that lies within the characters in A Doll’s House and Ghosts. Syphilis is a sexually transmitted disease that can result in extremely fatal consequences if not treated properly and in a timely matter. Syphilis, in Ghosts, leads Mrs. Alving having to make a life-changing decision for not only herself but a person she loves dearly, her son Oswald. In A Doll’s House, Dr. Rank is infected with syphilis which not only leads to his death but influences the way the reader views him as a character. The motif undermines the Norwegian society by highlighting the faults made by past generation’s actions and the affect it has made on the present character’s lives. Illness, as a metaphor, refers to the variety of illnesses such as hypocrisy and mortality that can be portrayed through the setting of the play and specific characters in literature. Syphilis is a disease that can be transmitted by birth which Ibsen incorporates within a variety of his plays to illustrate the impact that past decisions have had on present generations. In A Doll’s House, Dr. Rank is infected with syphilis due to his father’s promiscuity in the army. Undoubtedly, his father gave his mother syphilis and Dr. Rank developed congenital syphilis from being born to a syphilitic mother. By infecting Dr. Rank with syphilis, Ibsen uses Dr. Rank to represent the â€Å"backbone of society†. The moral corruption that lies within each of theShow MoreRelatedGender Roles Of A Doll s House And Ghosts Essay2281 Words   |  10 PagesGender Roles in A Doll’s House and Ghosts Throughout much of English language literature, gender and sex are equated with specific human traits. Strength is male and weakness is female. Men are stable and women are capricious. Logic is masculine and imagination is feminine. 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