Philippine Retirement Authority :: essays research papers

An Information Technology Audit on the Philippine Retirement Authority Special Retiree Service Syste 1.0 INTRODUCTION The previous paper illustrated the present state of the Philippine Retirement Authority, its processes, and finally concluded with an assessment of its the SWOT elements. This report follows up by asking: Given its vision of developing the Philippines into a retirement haven, will investing in information technology bring the PRA closer to its vision? We believe that there is enough impetus to pursue investments in information technology for reasons that many tourist entries are enjoyed by the country, while the number of retirees is expected to dramatically increase as worldwide populations, particularly baby boomers, age. Given the PRA’s current membership level of 3,600+ members, there exists a potential for at least 15,000 members by the end of 2010. In the face of peace and order, austerity measures, and foreign competition, the benefits seem to far outweigh the risks. It is with this conclusion that a 2-pronged approach is recommended in order to move the PRA closer to its vision. These are: (1) Enhancing marketing capability which will lead to higher sales, and (2) Building operational capacity through the creation of efficient processes, and introducing new and radical means of doing things. 2.0 A GLIMPSE INTO THE FUTURE: THE PRA IN 2034 †¦ 3.0 WITHIN REACH: THE PRA IN 2007 †¦ 4.0 NEW BUSINESS PROCESS PROJECTED With the new capabilities that can be developed, the business process of PRA can be enhanced to shift from a procedure-based perspective into a more qualitative marketing and servicing oriented thrust. A projected business process may be designed as follows: 4.1 Build/Maintain Strong Market Presence From the current â€Å"hunting† approach that involves looking, approaching and convincing clients to know about PRA and the SRRV Program, a more dynamic thrust can be established. The activities that will be covered by this step will include the expansion of accreditation of resorts, hotels, travel agencies, service/medical/care-giving facilities as well as networking with local and international marketers. The interactive website can serve as the web portal of the retirees for their special and various needs. The site may be able to generate interest among foreigners and former Filipinos. From a low-profile government agency, it is important for PRA to make itself felt and to push itself into the attention of the retirees market. The prospecting and invitation steps in the current business process will also be included in this step. All marketing communications in every media channel will also fall in this process.

Academic Success A By Product Of Environmental Factors Education Essay

AbstractionThe research inquiry of this essay is, ‘To What Extent is Academic Success a By-product of Environmental Factors? ‘ I investigated this inquiry by researching the consequence that environmental factors have on academic success. This was so moderated by assorted other possible factors, including cognitive and biological 1s. I evaluated my findings by weighing out the significance of each factor and the value of the back uping surveies. Upon finishing the research it was found motive was a really important factor act uponing academic success, non merely because the surveies described were dependable and gave strong support, but besides because motive linked with the other factors excessively, for illustration, it showed up in equal webs and rearing. This brought me to the decision that motive was the most dominant factor impacting academic success. After motive, I evaluated that environmental factors were the following most influential factors, followed by intell igence. It was besides noted that the factors did n't lie on separate continuums and could be combined to increase academic success. Furthermore, the factors should be researched more jointly in future research to measure the research inquiry, instead than look intoing each individually.IntroductionMuch research has gone into instruction in psychological science, peculiarly the factors act uponing academic success. However, non adequate research has focused on finding which factors are the most influential. Such factors may include environmental influences ; such as equal webs, parents, instructors and socioeconomic position, cognitive influences such as motive, and biological influences such as intelligence. The chief failing of the bing research on factors impacting academic success is the focal point on merely one factor, and the deficiency of comparing to other factors. One such illustration is the experiment conducted by Kruse ( 1996 ) , where the influence of socioeconomic position ( SES ) on academic accomplishment was investigated by comparing grade norms of pupils from different income groups. Results showed an undistinguished difference between the groups, nevertheless research cited in Kruse ‘s reappraisal of literature suggested otherwise. Despite the usage of this survey to find the consequence of SES on academic accomplishment, it does non assist to find how influential SES compared to other factors. However, one strength of the bing research is the copiousness and dependability of it. As it is a popular country of research due to its pertinence to instruction, the informations and decisions made can be considered extremely dependable. The chief subject of this essay is factors impacting academic success, but more exactly, the research inquiry is ‘To What Extent is Academic Success a By-product of Environmental Factors? ‘ The footings ‘Academic Success ‘ and ‘Environmental Factors ‘ should be defined ; Academic success is the high accomplishment and public presentation in academic topics most frequently measured in footings of standardised tonss or mean classs in research, and Environmental Factors include peer webs, parents, instructors and socioeconomic position. Both footings will be defined in more item in the reappraisal of literature. Reappraisal of LiteratureAcademic SuccessThe primary intent of schools is seen as fixing pupils to go knowing, responsible, and caring citizens ( Payton et al. , 2000 ; Zins, Elias, Greenberg, & A ; Weissberg, 2000 ) . This is consistent with Combs ( 1986 ) who argued that schools are concerned with making the sorts of experiences that develop productive, healthy people. Fullan argued that the intent of instruction is to construct larning communities- communities that conveying moral intent back into instruction and reconnect instructors with their cardinal intent of doing a difference in immature people ‘s lives ( 2000 ) . Clearly, instruction is about more than merely accomplishing in tests, it is about developing emotionally and socially, and fixing for life beyond school. However, for the intent of this essay a remarkable less nuanced position of instruction: Education ‘s intent is to cultivate high-achieving pupils. Such a narrow focal point has restrictions but it w ill let the subject to be explored within the word bound. Therefore, person who achieves academic success is person who performs good in academics/education. Academic success is the high accomplishment and public presentation in academic topics. Achievement and public presentation is measured through tonss on tests, trials and Grade Point Averages ( GPAs ) . Examples include the International Baccalaureate, the A-Levels and Scholastic Aptitude Tests ( SATs ) . These accomplishment and aptitude trials step cognition and apprehension of a course of study. Students who are non intelligent are still able to accomplish extremely in these tests as there is a whole scope of factors impacting public presentation. The undermentioned subdivisions will discourse factors impacting academic success.Environmental Influencesa ) Socioeconomic positionToday many definitions of socioeconomic position ( SES ) include the thought of capital ( resources, assets ) ( Bradley & A ; Corwyn, 2002 ) . Capital includes fiscal and material resources ( income, assets ) , human or immaterial resources ( e.g. , parental instruction ) , and societal resources ( those obtained through societal webs and connexions ) ( Putnam, 2000 ) . Intuitively, SES seems to be really influential for a kid ‘s motive and academic success. Children from non-low income households have the benefit of interacting with parents of higher educational accomplishment and concern success of some degree. Kruse ( 1996 ) argued that this environment can actuate pupils to endeavor for success and are hence more motivated in this respect. The nexus between household SES and a kid ‘s academic accomplishment is good established ( Meece, 2002 ) . Child from lower socioeconomic backgrounds typically display lower academic accomplishment and are at greater hazard of school failure and dropout ( Borkowski & A ; Thorpe, 1994 ) ; but low SES does non do low accomplishment, instead it is associated with it. In a survey conducted by Kruse ( 1996 ) , to find so if pupils from low socioeconomic environments have lower academic accomplishment compared to the academic accomplishment of pupils from higher socioeconomic environments, research cited in the reappraisal of literature provinces that there is an achievement spread between low income and non-low income pupils ( Yellin & A ; Koetting, 1991 ) . Kruse used a sample of 66 6th-grade scientific discipline pupils at Travis Middle School in Texas. Students were divided into a low income group and a non-low income group. Midterm and concluding grade-averages were determined from each group. The midterm and concluding mean tonss for the non-low income pupils were 86.72 and 88.17. The average tonss for the low income pupils were 76.70 and 80.11. Kruse concluded that there was no important difference in academic accomplishment between pupils from low income environments and those from non-low income environments. However, grounds for the differ ing decisions between Kruse ‘s and the psychologists cited in the literature reappraisal may be Kruse used a little sample of 66 pupils. A larger sample would be necessary to do generalisations to a larger population. Kruse limited academic accomplishment to science norms for two tests. Academic accomplishment could be measured by including all nucleus topics. Besides, the rating clip period should be increased from one academic twelvemonth to several. Kruse and Yellin & A ; Koetting clearly had opposing decisions as to whether socioeconomic position influences academic accomplishment, supplying an unsure overall decision.B ) Peer websAn increasing sum of research has examined the function of equal webs. A equal web is a big group of equals with whom pupils associate. Students in equal webs tend to be extremely similar to each other ( Cairns, Cairns, & A ; Neckerman, 1989 ) , which enhances the likeliness of influence by patterning. Sage and Kindermann ( 1999 ) found that equa l groups tended to back up or disapprove of equals ‘ behaviors depending on whether the behaviors were consistent with group norms. Students with higher academic motive and accomplishment tended to be members of groups more motivated for faculty members and they received group blessing for positive academic behavior. Students who were in academically motivated groups were extrinsically motivated because when academic success was achieved, the group ‘s blessing acted as a wages. Students with lower motive and accomplishment were likely to be members of less motivated groups ; their blessing for positive behaviors chiefly came from instructors. These pupils were less motivated to execute good because it could take to ejection from the group. They concluded that equal webs played a important and direct function in impacting academic success. A survey back uping equal webs being an influence on academic success is that of Steinberg et Al. ( 1996 ) , who tracked pupils over 3 old ages, from 9th class to the terminal of 11th class. They determined whether pupils who entered high school tantamount academically ( classs ) , but who joined different equal webs, remained stable academically. Consequences suggested that the equal web with which a pupil associates is really of import in academic public presentation and delinquency. Children in higher academically orientated groups achieved higher classs during high school compared to those in lower academically orientated crowds. It is clear from both surveies that being in a extremely motivated and academically orientated equal web can take to greater academic success, and the reverse for a less motivated and academic equal web.degree Celsius ) ParentsThere is a great trade of grounds back uping the hypothesis that the quality of a kid ‘s early acquisition in the place environment relates positively to the development of intelligence ( Meece, 2002 ; Senechal & A ; Lefevre, 2002 ) , and parental engagement in schooling besides predicts academic accomplishment ( Englund, Luckner, Whaley, & A ; Egeland, 2004 ) . Gottfried, Fleming, and Gottfried ( 1998 ) conducted a longitudinal survey analyzing the function of cognitive stimulation in the place environment on kids ‘s academic accomplishment. Home environment was measured by household treatments, attending at cultural events, importance of reading, and household involvement in art, music and literature. This was recorded utilizing direct observation in the place every bit good as parental study. There were 107 kids take parting. Each participant ‘s development was examined across a wide array of spheres ( e.g. , cognitive, behavioral, academic ) . Home environment was assessed at age 8, and academic accomplishment at ages 9,10 and 13. Consequences found that a cognitively stimulating place environment is a important and positive forecaster of academic accomplishment. Supplying farther support, even when SES was controlled, place environment continued to positively predict subsequent academic accomplishment. The measuring of place environment through direct observation and parent studies provided ecologically valid informations. The findings were besides consistent with the organic structure of literature, farther heightening its cogency ; nevertheless it is for future research to find the generalisability of the findings for all populations. Rearing manners can besides do a difference in a kid ‘s academic motive, which leads to academic success. Achievement is enhanced when parents allow kids to hold input in determinations, province outlooks as suggestions, acknowledge kids ‘s feelings and demands, and supply kids with picks ( Dornbusch, Ritter, Liederman, Roberts, & A ; Fraleigh, 1987 ) . In contrast, rearing manners that are excessively controlling or excessively permissive can sabotage a kid ‘s motive and accomplishment. Overall, the research supports the theory that parental engagement and place environment can straight impact academic success, and indirectly through increasing motive therefore success.vitamin D ) TeachersThere have been many probes into how teaching patterns affect pupil motive. One such probe was carried out by Veldman and Brophy ( 1974 ) . The purpose of the survey was to find whether instructors influence pupil accomplishment. The participants included 275 female instructors for second- and third-grade participated. The instructor effectivity, schoolroom behavior, and personal features of the participants were measured. The pupils ‘ predicted public presentation on a post-test was based on a ) pretest, B ) student sex, degree Celsius ) twelvemonth of testing, and vitamin D ) instructor. Teacher effectivity was measured by the class norms their pupils achieved. In each comparing, one of these influences was omitted to find its part to the pupil ‘s success on the post- test. Results found that student sex made no important difference. There were systematic differences among the three old ages of proving ; nevertheless this was to be expected. The instructor variable caused a important addition in prognostic efficiency. Therefore, instructors did do a difference. Methodologically, the survey was sound as the instructor choice process eliminated new instructors and instructors who had late switched classs. Velman and Brophy ‘s ( 1974 ) survey contradicted the consequences from statements based on the Coleman Report ( Coleman, et al. , 1966 ) , which shared that schools do n't do a difference, instead the pupils do. However, they used the term schools instead than instructors. Schools are an inappropriate unit for analysis as the instructors vary in ability and dissemble the true quality of schooling. The schoolroom clime refers to the ambiance of the classroom- it ‘s societal, psychological, and emotional features ( Dunkin & A ; Biddle, 1974 ) . The schoolroom clime is of great importance as it relates to student accomplishment. Lewin, Lippitt, and White ( 1939 ) argue that different signifiers of leading affect accomplishment and behavior. They conducted a survey to back up their hypothesis ; grownup leaders supervised 10-year-old male childs as they worked on a group undertaking. The male childs were exposed to three different types of leading ; Autocratic-cold and harsh, took control and told the male childs what to make, presume full duty, and did non let the male childs to lend ; Democratic- worked with the male childs co-operatively, stimulated them about how to finish the undertaking, posed inquiries, encouraged suggestions ; Permissive- hands-off attack, minimum supervising, did non supply construction, suggestions or aid. Productivity was greatest with the autocrat ic and democratic manners. However, under the autocratic leader the male childs were dying, tense and submissive. The male childs preferred the democratic leading. The ambiance was group-orientated, concerted and friendly. Although the survey was non conducted in a school ; the consequences have clear schoolroom deductions: permissive leading creates pandemonium and an unproductive environment. Authoritarian leading leads to high productiveness but besides defeat and negative group atmosphere. Democratic leading leads to productiveness and a positive ambiance. Davis has suggested that one critical variable to this survey is the grade of emotional support or heat provided by the leader ( 2003 ) . Teachers who provide strong emotional support facilitate teacher-student relationships and pupil accomplishment. This concludes that instructors do act upon academic success, and is maximized with the usage of a democratic leading manner combined with heat and support.Biological InfluencesWhile the environment clearly influences academic success, there is besides much research look intoing how byproducts of genetic sciences, such as intelligence can impact success. The undermentioned definition of intelligence comes from â€Å" Mainstream Science on Intelligence † , which was signed by 52 intelligence research workers: A really general mental capableness that, among other things, involves the ability to ground, program, work out jobs, think abstractly, comprehend complex thoughts, learn rapidly and larn from experience. It is non simply book acquisition, a narrow academic accomplishment, or test-taking smarts. Rather, it reflects a broader capableness for groking our surroundings- † catching on † , â€Å" doing sense † of things, or â€Å" calculating out † what to make. ( Gottfredson, 1997 ) Abisamra ( 2000 ) conducted a survey, which aimed to find the relationship between intelligence, both emotional and academic intelligence, and academic accomplishment. The sample consisted of 500 11th graders from public and private schools in Alabama. Emotional intelligence was measured utilizing the EQ-i trial, academic intelligence was measured utilizing an IQ trial, and academic accomplishment was measured by ciphering a mean of all the classs of each pupil. The quantitative information was analyzed and a relationship was established, being that both emotional and academic intelligence were closely relative to academic success. One major defect in this survey is the usage of an IQ trial to mensurate academic intelligence ; IQ trials pose many jobs, such as the cultural prejudices. Therefore, the consequences may be somewhat inaccurate. From Abisamra ‘s experiment, it can be argued that intelligence, which is from a biological position genetically predisposed, plays a significant function in impacting academic success.Cognitive InfluencesAsides from biological influences based on the medical theoretical account, there is research into how knowledge plays a function on academic success, in peculiar, how motive influences it. There is much argument over the absolute definition of the term motive ; nevertheless for the intent of this essay one that captures the cardinal elements of motive will be used: ‘Motivation is the procedure whereby purposive activity is instigated and sustained ‘ ( Pintrich, Schunk, Meece, 2007 p.4 ) There are two types of motive ; intrinsic and extrinsic. Intrinsic motive refers to the motive to prosecute in an action for its ain interest, without obvious external inducements. Intrinsically motivated pupils perform undertakings because they truly enjoy them ; they do n't trust on explicit or touchable wagess because take parting in the undertaking is in itself a wages. They may believe that what they are larning is important or they think that what they are making is of import. Lepper and Hodell ( 1989 ) place four chief beginnings of intrinsic motive: challenge, wonder, control, and phantasy. Activities that test the pupils ‘ accomplishments may be per se actuating ( Deci, 1975 ; Harter, 1978 ; White, 1959 ) . When ends are of intermediate trouble and success is non certain, attainment of disputing ends shows scholars that they are going more competent, which raises self-efficacy and perceived control over results. In bend, scholars are eager to put new, ambitious ends, k eeping the intrinsic motive. Intrinsic motive may besides originate from pupils who are piqued by activities that are surprising or incongruous with bing thoughts. Such incongruousnesss motivate pupils to seek information and decide the disagreement. Curious scholars who believe that the spread is come-at-able feel efficacious and motivated to pull off the spread and learn ( Berlyne, 1960 ) . Students who feel a sense of control over their acquisition and undertaking engagement besides may be per se motivated ( de Charms, 1968 ; Deci, 1980 ) . Leting pupils picks in activities and a function in set uping regulations and processs promotes perceptual experiences of control. Perceived control can excite a sense of self-efficacy for executing good ( Schunk, 1995 ) . Finally, intrinsic motive can be promoted with activities that involve scholars in phantasy and pretense through simulations and games that present them with state of affairss that are non really present ( Lepper & A ; Hodel l, 1989 ) . As shown in Figure 1, game like elements can add intending to what might otherwise be a deadening activity. ee.BMP Question for the bottom format: Player 1 drips ball from terminal to mid-court and passes ball to Player 2. Player 2 drips ball to where Player 3 is and passes it to Player 3, who shoots basket. Down what fraction of the tribunal did the participants dribble? Figure: Fractions are presented in traditional format ( top ) and game like format ( underside ) . Research shows that intrinsic motive for originative public presentation suffers when wagess are offered ( Eisenberger & A ; Armeli, 1997 ; Eisenberger, Armeli & A ; Pretz, 1998 ; Eisenberger & A ; Rhoades, 2001 ) , nevertheless Cameron and Pierce ( 1994 ) reviewed 96 experimental surveies on this subject and found that wagess did non diminish intrinsic motive. The lone negative consequence on intrinsic motive was found when wagess were given merely for working on a undertaking. The differing decisions may hold been due to the criticized conceptual and methodological evidences on Cameron and Pierce ‘s ( 1994 ) portion ( Deci et al. , 1999 ) . There are dissensions about how to utilize processs to sum up across diverse surveies and conceptual concerns such as the definition and measuring of intrinsic and extrinsic motive ( Sansone & A ; Harackiewicz, 2000 ) . Extrinsic motive refers to the motive to prosecute in an activity in order to achieve consequences such as wagess or teacher congratulations. Extrinsically motivated pupils execute undertakings merely because they believe that take parting will ensue in expressed wagess ( money or good classs ) or turning away of penalty. In footings of instruction, Condry & A ; Chamber ( 1978 ) criticize those who use wagess ( e.g. more free clip, stars ) to actuate pupils because such final payments are typically unrelated to the act of larning itself, and are likely to pull attending off from the benefits of larning. Consequently, many fear that larning will go a manner to acquire wagess, and when these wagess are no longer present, the motive to larn lessenings. It should besides be noted that intrinsic and extrinsic motive are non on one continuum, intrinsic being the highest and extrinsic the lowest. They should be thought of on separate continuums, for illustration person can be both extremely per se and extrinsically motivated on a undertaking, and it seems that this would be the most desirable combination ( Lepper, Corpus, & A ; Iyengar, 2005 ) .Motivation in EducationTherefore, it is clear that motive plays a really important function in instruction ; it can act upon what, when and how we learn ( Schunk, 1995 ) . Dennis, Phinney and Chuateco ( 2005 ) conducted a longitudinal survey aimed at look intoing the ways in which motivational features and environmental societal supported contribute to the academic results of college pupils. The survey consisted of 100 college pupils changing in cultural backgrounds, SES and motive. Data refering pupil motive was collected from the participants utilizing studies taken in the autumn and spring of their sophomore twelvemonth. The studies were piloted with freshers. GPAs and informations sing the participants SES were collected from the university records. Consequences found that motive to go to college based on personal involvement, rational wonder and the desire to achieve a successful calling were prognostic of college accommodation and committedness. Family outlook motive, nevertheless, was non significantly related to college results. There are restrictions to this survey. Most of the information was based on self study steps, which can take to inaccuracies due to participant dishonesty. The sample was comprised of cultural minorities ; hence, as is true with any survey, the findings can merely be interpreted to a certain extent. Genralisations to other cultural minority colleges or other cultural groups must be made with cautiousness. This survey suggested that although intrinsic motive is dependable forecaster of academic success, extrinsic motive is non a dependable forecaster. Another survey proposing the influence motive has on academic accomplishment is that of Busato et Al. ( 1999 ) . The purpose of the survey was to look into how rational ability, larning manner, personality and achievement motive relate to academic success. Learning manner was measured utilizing a questionnaire. The Big Five personality factors test measured personality. The â€Å" Prestatie-Motivatie-Test † measured achievement motive. A series of ability trials measured rational ability. Points are allocated to psychology pupils harmonizing to how much work they have completed, so academic success was measured by the sum of points gained at the terminal of each academic twelvemonth. In entire, 409 pupils participated and information was gathered in the first hebdomad of first-year twelvemonth through psychological trials. Harmonizing to the correlational analyses, achievement motive and rational ability were associated positively with academic success. This survey was ecologi cally valid due to its big sample size and clear measuring of variables. The two predating surveies have made it clear that while motive is a cardinal factor in accomplishing academic success, it must be noted that intrinsic motive plays a much greater function than extrinsic.EvaluationAfter holding completed the research, it has become evident that there is a assortment of influences on academic success runing from environmental factors to cognitive and biological. The environmental factors were comprised of SES, equal webs, instructors and rearing. Steinberg et Al. ( 1996 ) suggested that equal webs significantly influence academic accomplishment. Gottfried, Fleming, and Gottfried ( 1998 ) found that a stimulating place environment leads to greater success excessively. On the other manus, Kruse ( 1996 ) concluded that SES had no important affect on academic success ; nevertheless his survey offered several critical defects. Kruse cited Yellin & A ; Koetting ( 1991 ) , who found that SES did, in fact, have an consequence on academic success, go forthing this factor still questionable. Teacher influences were so investigated. Veldman and Brophy ( 1974 ) found that instructors had a strong influence on pupil success, despite research demoing otherwise. This contradictory research was discarded by Veldman and Brophy as weak because of its effort to analyze the consequence of the quality of schools instead than single instructors on academic success. Overall, environmental factors appeared to hold a great consequence on academic success. To chair the statement intelligence was explored and it was found that both emotional and academic intelligence play an of import function in doing academic success ( Abisamra, 2000 ) . Unfortunately, the survey had defects refering the method of measuring for the variables, offering perchance inaccurate consequences. However, it could be concluded that intelligence did hold an consequence on academic success. Finally, I went into deepness when researching motive as a factor. Dennis, Phinney and Chuateco ( 2005 ) suggested that although intrinsic motive is a dependable forecaster of academic success, extrinsic motive is non a dependable forecaster. This was supported by Busato et Al. ( 1999 ) , who illustrated that motive increases success. By and large, it appeared that environmental factors played the biggest function in impacting success chiefly due to the figure of classs within the subdivision. However, at a closer glimpse, it has become evident that motive intertwines with many of the discussed factors. For illustration, refering equal webs, Sage and Kindermann ( 1999 ) claimed that pupils with higher academic motive and accomplishment tended to be members of groups more motivated for faculty members. High academic motive and achievement appear hand-in-hand. Furthermore, Dornbusch, Ritter, Liederman, Roberts, & A ; Fraleigh ( 1987 ) suggested that rearing affects a kid ‘s motive, taking to academic success. It seems good established amongst psychologists that motive can take to academic success. Not merely does motive entwine amongst the other factors but it is besides a factor itself and the support for it is converting. For this ground, I think that motive is the most dominant factor act uponing academic success. It could besides be argued that SES influences academic success to a great extent, mostly due to the fact that it contains sub-topics within it, such as parenting and equal webs, all of which offer back uping grounds.DecisionIt has become clear that environmental factors influence academic success to a big extent, nevertheless it is non the most dominant factor ; motive is. The staying factors must non be discarded though, as they all provide research exemplifying them as factors impacting academic success. It is besides of import to observe that the factors can be combined and are non on separate continuums. Person can hold high intelligence but uneffective instructors and can still accomplish academically. Possible farther research could research the possibility to generalise the grounds cross culturally or would the decision be different for different civilizations.

Inspector of Taxes - Free Essay Example

Sample details Pages: 5 Words: 1629 Downloads: 8 Date added: 2017/06/26 Category Law Essay Type Essay any type Tags: Act Essay Taxation Essay Did you like this example? Explain the rule in Pepper (Inspector of Taxes) v Hart [1993] AC 593, as it now applies. Evaluate its wisdom. (Look at both sides of the argument). ANSWER Introduction This paper discusses the rule established in the 1993 House of Lords case of Pepper (Inspector of Taxes) v Hart[1] and its current application. Don’t waste time! Our writers will create an original "Inspector of Taxes" essay for you Create order The rule is evaluated and conclusions are drawn. In essence, this rule of interpretation provides that where primary legislation is deemed to be obscure or ambiguous and its meaning is difficult to ascertain the courts may, where certain conditions are met, take into account statements made in Parliament by the promoters of the relevant Bill in construing and applying the legislation. The case can be considered as groundbreaking given the previous status of Article 9 of the Bill of Rights 1689, which provides: â€Å"†¦the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament..† Until the Pepper v Hart decision, the use of Hansard for the purpose that the decision advocates would have been considered to contravene the rule of Parliamentary privilege.. Article 9 has long been considered one of the great foundation principles and ultimate guarantors of Parliamentary democracy in tha t it protects members of each House of Parliament, giving them the right to completely unfettered free speech and the power to debate absolutely freely. It is submitted that there is clearly a good and strong historical rationale for this rule. When the Bill of Rights was adopted in 1689 Parliamentary democracy was in its infancy and concerns about the independence of members of Parliament was both profound and well founded. That said however, prior to the decision in Pepper v Hart there was clearly room for the adaptation of the Article 9 principle to accommodate modern conditions. Pepper (Inspector of Taxes) v Hart (1993) The case concerned a question as to the correct interpretation of a tax law provision. The statutory definition of the disputed expression was ambiguous. Relying on the wording in the Act, the Inland Revenue had imposed tax at a certain level, whereas during the Committee Stage of the Finance Bill that included the provision, in the House of Commons the Fin ancial Secretary to the Treasury suggested a different interpretation that was more favourable to the party in this case. The House of Lords ruled that clear statements made in Parliament regarding the purpose of legislation in the course of its enactment may well be used by courts so as to guide the construction of unclear statutory provisions. It is submitted that this ruling is well founded given that the use of such statements does not amount to questioning a proceeding in Parliament and therefore does not contravene Article 9 of the Bill of Rights. It can in fact be argued that quite apart from questioning or subjugating the independence of Parliament and its debating process, the courts would merely be giving true effect to exactly what was said and done at Parliament.. In Lord Browne-Wilkinson words: â€Å"I trust when the House of Commons comes to consider the decision in this case, it will be appreciated that there is no desire to impeach its privileges in a ny way.. Your Lordships are motivated by a desire to carry out the intentions of Parliament in enacting legislation and have no intention or desire to question the processes by which such legislation was enacted or of criticising anything said by anyone in Parliament in the course of enacting it. The purpose is to give effect to, not thwart, the intentions of Parliament.’ Given the principle of Parliamentary sovereignty it is hard to imagine how the ruling in Pepper v Hart could thwart the intentions of Parliament. In providing more information as to the intentions of Parliament the ruling can serve only to enhance the accuracy with which the fruit of Parliamentary endeavour is applied by the courts. Most significant is the view of Parliament itself. The Joint Parliamentary Committee on Parliamentary Privilege found the ruling in Pepper v Hart acceptable.[2] While stressing that Parliament must be diligent and vigilant in protecting free speech, and stating that every d eparture by the courts must be thoroughly scrutinised, the Joint Committee came to the conclusion that the Pepper v Hart decision was â€Å"unobjectionable†. It reasoned that this use of Parliamentary proceedings is â€Å"benign† and this finding is supported by this commentator. The Committee recommended that Parliament should not seek to disturb the decision in the 1993 case although it should remain careful to ensure that the consequences of the decision did not lead â€Å"to any general weakening of the prohibition contained in Article 9†.[3] Criticism of the Ruling in Pepper v Hart Steyn has argued that the only relevant intention of Parliament can be its intention to enact the statute exactly as printed. The necessary corollary of this simple and black letter analysis would appear to undermine the centrality of the reasoning in Pepper v Hart[4]. It can be contended that the record of Hansard does not display the will of Parliament, but merely its tho ught processes in arriving at its will and therefore there may be some substance to Steyn’s analysis. Lord Mackay dissented in the Pepper v Hart ruling. He reasoned that the effect of the ruling would be to coerce lawyers to refer to Hansard habitually in subsequent cases and that this would elongate and complicate proceedings. It is submitted that this concern has been to some extent rendered nugatory by advances in technology in recent years however. Internet searches of Hansard can now be carried out conveniently and at great speed. Lord Mackay was also concerned that the ruling might be abused by Parliamentarians aware of its consequences who are intent on manipulating the subsequent interpretation of an Act by making constant reference to some point in proceedings recorded in Hansard. Finally, Lord Mackay stressed that there was a significant risk of over-reliance on Hansard in statutory interpretation. That said however, the House of Lords, in the 2001 case of R v Secretary of State for the Environment, Transport and the Regions ex p. Spath Holme Ltd [5], stipulated that the Pepper v Hart conditions for admissibility must be strictly adhered to so as to limit the amount of Parliamentary material relied on by the courts. In the 2003 case of Wilson and others v Secretary of State for Trade and Industry the House of Lords endorsed the ruling of Pepper v Hart, confirming its parameters and accepting that its fundamental raison d’à ¯Ã†â€™Ã‚ ªtre was to oblige the executive to honour the legitimate expectations it had created. It was found: â€Å"The court is called upon to evaluate the proportionality of the legislation, not the minister’s exploration of the policy options or of his explanations to Parliament. The latter would contravene Article 9 of the Bill of Rights..† Now of course Explanatory Notes are attached to every Bill and published alongside new Acts of Parliament. In the 2002 case R (Westminster City Co uncil) v National Asylum Support Service,[6] Lord Steyn confirmed that he considered Explanatory Notes admissible even where the statute was clear. It is submitted that the most important consideration must be the determination of the will of Parliament. All other factors are subordinate to that. Concluding Commentary It is submitted that the rule in Pepper v Hart should be welcomed as an aid to the interpretation of statute. From a neutral point of view it is surely to the benefit of the overarching legal system that courts are permitted to use statements made in Parliament concerning the purpose of Bills as a means of guiding the interpretation of the ambiguous provisions of a statute. If there is clear guidance in a Bill as to the purpose of a provision it would seem nonsensical that judges are restricted from reliance upon it. The law in this regard should function as a single entity and not disparate and disengaged components. Balanced against this is the need to prese rve absolutely the freedom of Parliamentarians to speak and debate without fear or favour in the pursuit of Parliamentary business.. However, it is argued that the rule in Pepper v Hart does not represent an unreasonable or unwarranted incursion into that freedom. If Parliamentarians are sufficiently motivated to speak on a Bill in Parliament with a view to that Bill becoming an Act of Parliament they should definitely be prepared for their words later to be used in understanding the purpose or substance of the new law ultimately passed. After all, we live in an open and free democracy. There is no good reason why ambiguous statutes should be left in the abstract ether when perfectly sound guidance may be available to inform the judge in the record of Hansard. In conclusion, despite the concerns of commentators such as Steyn, the ruling in Pepper v Hart is both sound and pragmatic. The wisdom of the ruling is solid and its democratic credentials are sovereign. One wonders why it took so long in the making. Those that make our laws should be prepared to have their relevant words considered when those laws fall for application in the courts and the proper course of action is uncertain. Parliament itself has ratified the decision, and that is the acid test.. THE END EXACT WORD COUNT FOR TEXT OF ANSWER ONLY : 1524 GLOBAL DOCUMENT WORD COUNT : 1624 BIBLIOGRAPHY Bill of Rights 1689 Littleboy C., Kerry R., Pepper v Hart, House of Commons Library, SN/PC/392, 22 June 2005 Steyn J., â€Å"Pepper v Hart; A Re-examination†, Oxford Journal of Legal Studies, Vol. 21, No 1, 2001, p66. Cases as footnoted drawn from original law reports 1 Footnotes [1] [1993] AC 593. [2] Littleboy C., Kerry R., Pepper v Hart, House of Commons Library, SN/PC/392, 22 June 2005, p.3. [3] Ibid, p.3. [4] Steyn J., â€Å"Pepper v Hart; A Re-examination†, Oxford Journal of Legal Studies, Vol 21, No 1, 2001, p.66. [5] [2001] 2 AC 349. [6] [2002] 1 WLR 2956.

Indian Removal Act Of 1830 - 923 Words

It gives me pleasure to announce to Congress . . . the removal of the Indians beyond the white settlements is approaching to a happy consummation† (Jackson, 1830, para.1). With promises of new lands, protection, and monies, President Andrew Jackson portrays the Indian Removal Act of 1830 as beneficial to Indians, wherein governmental financial gain is incidental. However, when considering land transactions and gold discoveries, the true beneficiaries are revealed. While strengthening the States’ white population, wealth, and power, the Indian Removal Act dispels previous treaties that ensure Indian ancestral territorial boundaries; and it ultimately facilitates the forced relocation where thousands die of starvation and exposure. Proponents of the Indian Removal Act (the Act) advocate its benefits to the Indians. For instance, in his message to Congress, President Andrew Jackson (1830) explains, that as white settlements inevitably progress westward, current policy attributes to the slow annihilation of the Indians, therefore a speedy removal protects the Indian civilizations from extinction. He goes on to explain that the Act not only provides for this speedy removal, but provides a purchase of their current territory, endows a new extensive territory, finances relocation, and offers future support and protection; and these offers should be â€Å"hailed with gratitude and joy† (para.4), and any â€Å"pecuniary advantages which it promises to the Government are the least of itsShow MoreRelatedThe Removal Of The Indian Removal Act Of 18301820 Words   |  8 Pagespolicy of the Government, steadily pursued for nearly thirty years, in relation to the removal of the Indians beyond the white settlements is approaching to a happy consummation. 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This paper explores the history leading up to the law, the introduction and passage, as well as the sometimes-tragic implementation of the Indian Removal Act of 1830Read MoreIndian Removal Act Of 1830868 Words   |  4 PagesIndian Removal Act of 1830 The Indian Removal Act was signed into law on May 28th 1930 during the presidency of Andrew Jackson. Perhaps best known as the black eye of the administration and overshadowing his presidency’s accomplishments, the Indian Removal Act was passed into law to allow the president to negotiate with Indians to purchase land they occupied and offer them lands west of the Mississippi. The Indian Removal Act of 1830 could also amount to pure greed and racism, the beginning of theRead MoreThe Indian Removal Act Of 1830940 Words   |  4 PagesThe American’s desire for expansion of their nation and economic growth has always been their main interest and goal. The Indian Removal in the 1830’s was a great example of America’s efforts to expand through North America and their motivation to economically improve through profitable opportunities. When comparing the Indian Removal and the events that followed the Treaty of Paris, a similarity in the expansion of America i s discovered. Labor, politics, and economics of America during the two erasRead MoreThe Indian Removal Act Of 18301083 Words   |  5 Pages The Indian Removal Act of 1830 was a law passed by President Andrew Jackson that provided the funds for the removal of the Indian tribes found in South. These tribes were the Cherokee, Chickasaw, Choctaw, Creek, and Seminole. 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It led to many heartbreaking events thatRead MoreThe Indian Removal Act of 18301123 Words   |  5 PagesTHE INDIAN REMOVAL ACT OF 1830 Migdalia Tuero HIST101: American History to 1877 Professor Kathleen Davis February 13, 2014 There are several historical events and issues that have impacted the contemporary political development among American history. In the history of America one of these groups are the Native Americans. The white man throughout the South called for a removal of the Indian peoples. They wanted the Native Indians to be resettled to the west because their presence createdRead MoreThe Indian Removal Act Of 18301299 Words   |  6 Pageswere many diverse, and complex views when approaching this subject matter; however, in 1830 President Andrew Jackson passed the Indian Removal Act, which forced Indians to relocate from their homelands in south east to land west of the Mississippi river. This granted the U.S. a large portion of new rich land, unfortunately it was at the expense of the Native Americans. When passing the Indian Removal Act of 1830, President Jackson relied on teleological utilitarianism ethnic views, in that he focusedRead MoreIndian Removal Act Of 1830923 Words   |  4 Pagesbut the Cherokee removal was the cruelest work I ever knew†, remarked a Georgia soldier who had participated in the removal of Indian Natives during the mid-1800’s. As a result of the Indian Removal Act, Indian natives have been perceived as mistreated and cheated throughout history. The Indian Removal Act was passed during the presidency of Andrew Jackson on May 28, 1830. This act granted authorization to the president to exchange unsettled lands west of Mississippi for Indian lands residing inRead MoreThe Indian Removal Act Of 1830865 Words   |  4 PagesWhen the Indian Removal act of 1830 was enacted, the Cherokee Nation panicked. The Cherokee, specifically the romanticized Tsali, did their best to preserve their culture in the mountains of North Carolina, but what really saved them from their harsh fate that so many other Cherokee faced, was there white chief, William Holland Thomas. The Cherokee were â€Å"disagreeable and dangerous neighbors,† but th ey had a powerful ally in Raleigh, who saved the Eastern Band from a much harsher fate. The Eastern

The City As A Growth Machine - 881 Words

Is it a coincidence certain areas only consist of black civilians or white civilians? The articles â€Å"The City as a Growth Machine by Logan and Molotch, Minoritized Space by Michel Laguerre and The Construction of the Ghetto by Massey and Denton demonstrate segregation between racial backgrounds are divided into into specific neighborhoods that contributes as a benefit towards whites. I will be arguing how the theory of Karl Marx on estranged labor is related into these article but also Angela Harris theory on Critical racial theory contributes, clarifies and supports the author s reasons on why segregation still exists among communities. I will be connecting argument by adding evidence to support my argument with Karl Marx and Angela Harris theory within the articles. The three articles mentioned, describe theories that attribute to Karl Marx theory of labor among the different classes. Estrangement labor, are four different forms that result into the laborer to become alienat ed from their life- activities, nature, other civilians or family in order to focus on producing for one common goal which is â€Å"climbing the ladder† according to Marx. In reality, society prohibits classes to move up the â€Å"ladder’ by increasing taxes, rent and other expensive to keep classes segregated and controlled among each other. This is described throughout the article â€Å"Urban Fortunes† by John R. Logan and Harvey L. Molotch. It is started â€Å"For those who, count the city is a growth machine, oneShow MoreRelatedThe Differences Between Local Governments And Political Machines1258 Words   |  6 Pagesduring the late nineteenth century, political machines become a mechanism to deal with the problems and new challenges that the cities encountered. The increased population required more solutions to solve problems regarding the distribution of resources as well as public services. 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Before the Industrial Revolution began, people were mostlyRead MoreGentrification Of The West Philadelphia1478 Words   |  6 Pages1984). Harvey Molotch’s city as a growth machine theory has been very useful tool in the study of gentrification. Molotch’s growth machine frames the commodification of place as a product of the political economy, where city â€Å"growth† is driven by entrepreneurs and land {monopolies} who seek to gain control of profit through exchange values. These â€Å"local growth machines† are responsible for the distribution of people and the architectural and economic development of the city (Logan and Molotch, 1987)Read MoreHuman Capital Management Is Important For An Organization Essay1271 Words   |  6 Pagesdevelop artificial intelligence, we pretty much need human capital to accomplish anything in the word today. It takes human capital to create some other forms of capital. 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The revolution gave birth to factories were machines that were able to produce a large amount of goods to be manufactured in a shorter amount of time without human error. Providing a great amount of jobs for people, improvement in the countries transportation, and commu nication with other countriesRead MoreThe Growth Plan For The Fitness Industry1248 Words   |  5 PagesGrowth Plan The growth plan is ultimately driven by the growth of the entrepreneur who started the business. (Hart, 2013). To ensure the growth of K9 Fitness, staying competitive in the fitness industry is crucial. There are new gyms opening up in multiple cities every single day, each with new types of machines, new weights, and new types of group classes to help keep peoples interests. Some of these gyms are selective to a certain type of workout class, such as yoga studios, pilates studios, cycling

Gas Exchanges free essay sample

This process has three basic steps that involve pulmonary ventilation, external respiration, and internal respiration. All three steps are functions that involve gas exchanges between the lungs and the atmosphere. For instance, pulmonary ventilation, or breathing involves the inhalation and exhalation of air between our lungs and the atmosphere. External respiration is the exchange of gases across the respiratory membrane between the alveoli and the blood in the pulmonary capillaries. This is where the capillaries gains O2 and loses CO2. And finally, the Internal respiration is the exchange of gases between the blood in the systemic capillaries and tissue cells. During this process, the blood loses O2 and gains CO2. The metabolic reactions consume O2 and give off CO2 during the manufacturing of ATP. Jenkins, 2010) Air moves into the lungs when the air pressure inside the lungs is less that the air pressure in the atmosphere. Boyle’s law states that, â€Å"The difference in pressure caused by changes in lung volume force air into our lungs when we inhale and out when we exhale. We will write a custom essay sample on Gas Exchanges or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page † Pg. 748 if volume increases, outside pressure must decrease. This process involves the diaphragm muscle which increases, during forceful inhalations expanding the thoracic cavity allowing greater airflow into the lungs. The exchange of oxygen and carbon dioxide between alveolar air and pulmonary blood occurs by passive diffusion. This process is governed by Dalton’s law and Henrys law. According to Jenkins, Partial pressures determine the movement of O2 and carbon dioxide between the atmosphere and lungs, between the lungs and blood and between the blood and body cells. Each gas must diffuse across a permeable membrane from the area of its partial pressure is higher to a much less area of partial pressure, which makes the rate of diffusion faster. External respiration in the lungs converts to deoxygenated blood coming from the right side of the heart in oxygenated blood that returns to the left side of the heart. (Jenkins, 2010) When blood flows through the pulmonary arteries, it picks up O2 from the alveolar air and unloads CO2 into the alveolar air. This process is known as the exchange of gases.

Refugees Population And Needs Essays - Human Geography,

Refugees Population And Needs wars,famines,drought and other problems have caused many people to leave their houses;and migrate to other areas ,which are equipped with enough better facilities,so that a man can survive.today ,states like kosovo,kashmir,afghanistan,bosnia and chechniya are facing the same problems. people are moving to more safe areas, to protect them selves from violence . the people previously livivng in the endangered areas have migrated to make small communities, living in tents outside the main stations. the biggest problem,which these refugees rae facing ,is that of food ; there is an immense shortage of food in the state of kosovo due to the civil war .uno should try hard to provide these helpless refugees with enough food so that they can survive.unicef and unesco should be given the responsibilities to conserve the rights of the children. the shortage of necessary resources in this state has led to gang rapes,murders and terrorism.some days back cnn reported live about the condition in the state of kosovo. it said that the owner of the delta air lines was providing food , bathroom and clothing facilities to the refugees ,(all on his own) .cnn also interviewed;live; a reefugee living near kosovo . he tearfully tried to tell the conditions of kosovo; but i remember the time he narrated. i cant tell you the condition ....! the beautiful valley is turning into a grave yard. mr mikorish, the president of kosovo is a neo hitler and is following the policy of ethinic cleansing and systematic genocide against the muslims of kosovo.due to the cold weather is the state ,people need more woolen and warm clotes;to save them from viral diseases.it is a right of refugees to have proper shelter and apt medical care.cold climate ,unavailibilty of food ,scarcity of water resouces are cause of many dangerous diseaes .emigratns should be vaccinated and should be provided shelter problems all over the world in these violated states are the same . in case of kashmir. food is the biggest problem.due to the violated conditions and bellicose behavior of troops around kasmir;many people have migrated and started dwelling in pakistan and india. these countries themselves are 'devolping countries' with weak economies .these countries are facing immense problems in accommodating and in the rehabilitaion of refugees. the never ending vendetta between pakistan and india has caused kashmir to suffer a lot since uk leaders left in 1947. the indian armada battalions of soldiers are occupying kashmir;and causing the people to leave the area . the local citizens of the countries near by should fulfil their responsibility by helping the refugees with 'cash' or any tangible assets which are of any use of the helpless. the uno should provide accurately accounted fondest these countries ,which would further help them in medical treatment ,shelter,water and clothing . tosave hum ans ;rehabilitaion is necessary. the problem in afghanistan has a long saga behind it . people due the miasma of political strife in the state ; are migtated to pakistan and other asian countries as refugees,living in an occupied state like afghanistan,people always have a certain types of perils in their hearts . again the onus comes to pakistan, india and other asian countries. world bank should be in cooperation with these state and should provide enough funds to feed ,cover (shelter) and clothe the refugees. due the extremely hot climate in afghanistan; different typesof hazardous diseases like 'dehydration'and 'typhoid' arise . uno should help these supporting countries in boosting up their economies so that they could help the people migrating from the disputed states.who ,nato,unesco should help in the accommodation and in solving the problems of refugees;as well as teach each and every human to have clear ideas and education on how to mutually respect ,cooperate with one another Social Issues Essays