Is it necessary for a Country to be governed by a Constitution - Free Essay Example

Sample details Pages: 8 Words: 2434 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Research paper Did you like this example? Is it necessary for a Country to be governed by a Constitution? Discuss Table of Contents 1Introduction 1.1Objectives 2Written and Unwritten Constitutions 2.1Kenyaà ¢Ã¢â€š ¬Ã¢â€ž ¢s Perspective 2.2Criticisms of a Written Constitution 2.3UKà ¢Ã¢â€š ¬Ã¢â€ž ¢s Outlook on the Unwritten Constitution 3Conclusion 4Bibliography 4.1Primary Sources 4.2Secondary Sources 5Appendix 5.1Images of the Code of Hammurabi 5.2Preamble of Kenyaà ¢Ã¢â€š ¬Ã¢â€ž ¢s Constitution, 2010 5.3Research Techniques Don’t waste time! Our writers will create an original "Is it necessary for a Country to be governed by a Constitution?" essay for you Create order 1 Introduction Blackà ¢Ã¢â€š ¬Ã¢â€ž ¢s Law dictionary defines the constitution as à ¢Ã¢â€š ¬Ã…“the fundamental and organic law of a nation or state that establishes the institutions and apparatus of government, defines the scope of governmental sovereign powers, and guarantees individual civil rights and civil liberties.à ¢Ã¢â€š ¬Ã‚ [1] Constitutions are classified as written or unwritten, flexible or rigid. Although ancient laws have always been there, the oldest known constitution which best exemplify the modern constitution is the Code of Hammurabi which was first discovered in 1902 but dates back as far as 1758 BC. The stone monument has the penal laws, the law of persons, family law and price lists engraved on it. [2]See Appendix 5.1 on the images of the Code of Hammurabi. The Lancaster House Conferences which were around 1953 to 1979 initiated by the British Empire in preparation for its colonies towards Independence drafted Kenyaà ¢Ã¢â€š ¬Ã¢â€ž ¢s first constitution. Kenyaà ¢Ã¢â €š ¬Ã¢â€ž ¢s Political Parties and the British Parliament drafted Kenyaà ¢Ã¢â€š ¬Ã¢â€ž ¢s first Independent Constitution in 1963. In the 1990à ¢Ã¢â€š ¬Ã¢â€ž ¢s international pressure for good governance, institutional reforms, economic decay and social breakdown ushered the formation of the Constitution of Kenya Review Act (2002) to spearhead constitutional reforms. In the end, a referendum was done to adopt the current Constitution on the 4th August 2010.[3] 1.1 Objectives In this research we seek to find out: The difference between written and unwritten constitutions. The significance of a constitution to a countryà ¢Ã¢â€š ¬Ã¢â€ž ¢s development. 2 Written and Unwritten Constitutions Constitutions in general provide a normative framework for governance and they take written or unwritten forms. The constitutional principle is entrenched in three sources: usages and customs of the people; values attributed to relevant textual constitutional sources and principles of international law ratified by the state.[4] A constitution is important in the governance and development of a state as it identifies with the ideals and practices of the people, protects their interests and safeguards their rights. In this section we will look at the different perspectives of a written constitution in Kenya and UKà ¢Ã¢â€š ¬Ã¢â€ž ¢s unwritten constitution. 2.1 Kenyaà ¢Ã¢â€š ¬Ã¢â€ž ¢s Perspective As the future legal minds in Kenya, we have the responsibility of interpreting the law to the masses. To answer questions on why the rights of the poor are still infringed despite the constitutionà ¢Ã¢â€š ¬Ã¢â€ž ¢s note on equality and why educational resources, infrastructure and other social amenities are different in urbanised areas compared to rural areas? Article 10 of Kenyaà ¢Ã¢â€š ¬Ã¢â€ž ¢s Constitution on National Values and Principles of Governance which inter alia talks of sustainable development, good governance and protection of the marginalised does not reflect such practices in real life.[5] Despite the setbacks of the current constitution, Kenya still needs a written constitution. The Preamble of Kenyaà ¢Ã¢â€š ¬Ã¢â€ž ¢s 2010 Constitution outline the objectives of the Constitution as compared to the old constitution which had no preamble. In the Preamble, the constitution identifies with aspects of freedom and justice, ethnic, cultural and religious diversity , equality, democracy and rule of law as the principle factors enshrined in the Supreme Law. The preamble serves as a guideline to the principles that govern the republic. See Appendix 5.2 for the preamble. The Constitution divides powers of different state organs using the doctrine of separation of powers. Chapters Eight, Nine and Ten of the Constitution state the principles, processes, roles and functions of the Legislature, Executive, and Judiciary respectively. The doctrine ensures balance, accountability and no state official misuses the power conferred to him or her. The diversity of the Constitution recognizes and supports laws made by other state organs and general international laws as part of the Laws of Kenya. Article Two of the Constitution allows International laws, treaties and conventions ratified by Kenya to form part of the Laws of Kenya. Chapter Eight describes the establishment and role of Parliament, Senate and Nation Assembly as law making and law conferri ng bodies. [6] Ethnic communities like the Maasai, Turkana and Samburu in isolated geographical areas experience only marginal participation in the social and economic life of Kenya. The Constitution builds development through recognising and protecting marginalised groups and compensates for previous losses of under development in these areas by affirmative action programs like special education programs, access to employment opportunities, programs to develop cultural values and better social amenities.[7] On the same note, it protects the diversity of different cultures and ethnicities in Kenya by promoting different cultural and linguistic practices of the people of Kenya as seen in Article 44.[8] The Bill of Rights ensures fundamental rights of all the people and not just the citizens of the country. It provides resourceful information on the liberties and rights of each and every individual in Kenya including inalienable rights of human dignity and right not to be hel d in slavery or forced labour.[9] Dual citizenship in Article Sixteen ensures the security and development of the people and the country through investment, economic and social growth. For example the Maasai who are divided between the borders of Kenya and Tanzania can benefit from this new law and it paves way to better opportunities for the communities living across the borders. 2.2 Criticisms of a Written Constitution Despite the numerous advantages, written constitutions also have disadvantages. One of them is that they are rigid and inflexible. Chapter Sixteen on the amendment of the constitution outline the directives for amendment. The procedure in the amendment of laws is complex and requires a referendum as in Article 255, a parliamentary initiative in Article 256 or a popular initiative in Article 257. This shows how slow and cumbersome the process of law change is in a written constitution. On the same note, the constitution is a document which makes provision for general laws and most of the times will contain loopholes which have to be corrected or improved on in certain areas. In Article 140 on the Questions as to the validity of Presidential Elections, the constitution does not have a procedure on how to resolve any possible controversy that may occur if there is no clear simple majority winner in the Presidential Election.[10] A written constitution more often than not, is imp ractical. On gender equality in Article 27 (8) of the constitution where two-thirds of the elected members shall be of the same gender, the controversy that comes into play is that it is difficult to design a formula that ensures that the National Assembly follows the two-thirds gender rule.Article 97 restricts the membership of the National Assembly to 290 members whereas Article 81 states that not more than two-thirds of the members of elective public bodies should be of the same gender. [11] 2.3 UKà ¢Ã¢â€š ¬Ã¢â€ž ¢s Outlook on the Unwritten Constitution An unwritten constitution is based on the norms and customs, values, culture, ideals, historical practices and legal systems that a nation identifies with.[12] In the UK, the constitution is a set of historical documents, statutes, decrees, conventions, ancient customs and royal prerogatives which include the Magna Carta (1215), the Bill of Rights (1689), and the European Communities Act (1972). [13] Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution.[14]Other countries with unwritten constitution apart from the UK are Israel and New Zealand. New Zealandà ¢Ã¢â€š ¬Ã¢â€ž ¢s constitution is a reflection of the Constitution Act 1986 that describes its system of government and the Treaty of Waitangi, the founding document of New Zealandà ¢Ã¢â€š ¬Ã¢â€ž ¢s Government.[15] In unwritten law, the ability of the Common Law to be retroactive in decision making to new situations is outlined as one of its principle strengths. Unwritten laws are not the subjective views of judges but they are determined by legal reasoning. The conventions, rules and norms of the society are under the courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s jurisdiction to apply.[16] Another point in Britainà ¢Ã¢â€š ¬Ã¢â€ž ¢s favour for unwritten laws is that the written laws are in broad general terms that are meant to be applicable in a wide variety of situations that by and large do not encompass all the factors or anticipate future occurrences.[17] It is also described as a fair system which is the principle ancient customs of the people as it fits into their nature and disposition by helping in perfection of the Acts of Parliament as their principle constitutional and sovereign law.[18] However, there are downsides to the unwritten constitution as well. The critics claim that the law must be known before its application and unwritten constitutional norms dishonour this principle. For example the Magna Carta is seen as the first foundational text designed to provide written guarantees of fundamental principles which the Common Law utilised and supplemented these principles by case law.[19] It is also viewed as undemocratic because judges are not elected by the public and as members of the elite; their decisions are highly in favour of the rich and undermine the rights of the minority and vulnerable groups. On the same note, Judges being the ones who derive content to unwritten laws are mostly accused of usurping the functions of Parliament as the body responsible for law making. [20] In unwritten constitutions it is difficult to know what the Stateà ¢Ã¢â€š ¬Ã¢â€ž ¢s constitution really is and it is quicker in making changes to the unwritten constitutions than the written constitutions. This is because written constitutions are considered as a supreme law against which legislature can be examined and amended by elaborate procedures.[21] 3 Conclusion To sum up, in all aspects a constitution whether written or unwritten is the fundamental principle in the governance of a country towards its development and growth. It defines the state objectives and laws. We have seen the different types of the constitutions and their advantages or disadvantages. In our perspective, the type of constitution used by a country largely depends on social and economic factors as well as the level of development of the people. We feel that for Kenya, the current constitution reflects the need for the people, fosters better development and economic growth and opportunities for Kenyans. On the negative aspects cited, perhaps the antidote is for experts in constitutional law to keep revising and perfecting the laws to make them more adaptable to social change and development. 4 Bibliography 4.1 Primary Sources The Constitution of Kenya The Judicature Act Cap. 8 Laws of Kenya 4.2 Secondary Sources à ¢Ã¢â€š ¬Ã‹Å"Kenyas New Constitution Benefits Indigenous Peoplesà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Cultural Survival, 10 August 2010) lt;https://www.culturalsurvival.org/news/kenya/kenyas-new-constitution-benefits-indigenous-peoplesgt; accessed 10 March 2014 à ¢Ã¢â€š ¬Ã‹Å"What is the UK Constitution?à ¢Ã¢â€š ¬Ã¢â€ž ¢lt;https://www.ucl.ac.uk/constitution-unit/whatis/uk-constitutiongt;accessed 5 March 2014 à ¢Ã¢â€š ¬Ã‹Å"New Zealandà ¢Ã¢â€š ¬Ã¢â€ž ¢s Constitutionà ¢Ã¢â€š ¬Ã¢â€ž ¢lt;https://gg.govt.nz/role/constofnz.htmgt; accessed 5 March 2014 Kenya Country Constitutional Profileà ¢Ã¢â€š ¬Ã¢â€ž ¢, Constitution Net lt;https://www.constitutionnet.org/country/kenya-country-constitutional-profilegt; accessed 7 March 2014 Blackà ¢Ã¢â€š ¬Ã¢â€ž ¢s Law Dictionary (9th edn, West 2009). Kadida J, à ¢Ã¢â€š ¬Ã‹Å"Kenya: Attorney General Rushes to Seal Election Law Loopholeà ¢Ã¢â€š ¬Ã¢â€ž ¢ (The Star, 10 October 2012) lt;https://allafrica.com/stories/201210110139.htmlgt; accessed 10 Ma rch 2014 McLachlin B, à ¢Ã¢â€š ¬Ã‹Å"Unwritten Constitutional Principles: What is going on?à ¢Ã¢â€š ¬Ã¢â€ž ¢ (2006) 4 NZJPIL 147 Sihanya B, à ¢Ã¢â€š ¬Ã‹Å"Constitutional implementation in Kenya, 2010-2015: Challenges and prospectsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Friedrich Ebert Stiftung (FES) Revised 5 December 2012) lt;https://library.fes.de/pdf-files/bueros/kenia/09857.pdfgt; accessed 10 March 2014 The Editors of EncyclopÃÆ' ¦dia Britannica, à ¢Ã¢â€š ¬Ã‹Å"cuneiform lawà ¢Ã¢â€š ¬Ã¢â€ž ¢, EncyclopÃÆ' ¦dia Britannica Online.(2014)lt;https://www.britannica.com/EBchecked/topic/146555/cuneiform-law#ref718884gt; accessed 5 March 2014 Walters M, à ¢Ã¢â€š ¬Ã‹Å"Written Constitutions and Unwritten Constitutionalismà ¢Ã¢â€š ¬Ã¢â€ž ¢ in Grant Huscroft (ed), Expounding the Constitution; Essays in Constitutional Theory (Cambridge University Press 2014) 5 Appendix 5.1 Images of the Code of Hammurabi Figure 1 The Code of Hammurabi.It shows the king before the god Shamash, displayed in the Louvre, Paris. Source: Encyclopedia Britannica Figure 2 Inscriptions of the Hammurabi Code in 1758 BC in the Akkadian Language. Source: Encyclopedia Britannica 5.2 Preamble of Kenyaà ¢Ã¢â€š ¬Ã¢â€ž ¢s Constitution, 2010 Figure 1 à ¢Ã¢â€š ¬Ã¢â‚¬Å" The Preamble of the Constitution of Kenya 2010 outlines the objectives of the constitution. The 1963 Constitution has no Preamble. 5.3 Research Techniques Meeting 1: Brainstorming on what is a constitution, different approaches to the question, objectives of the Question, draw an outline for the topic and Summary of Points. Meeting 2: General Research. Each member had to do a general research on the constitution and how it governs a country. Identifying secondary sources in internet search engines and Newspapers on the constitution, identifying examples for comparative analysis. A comparative analysis was done between Kenyaà ¢Ã¢â€š ¬Ã¢â€ž ¢s written constitution and UKà ¢Ã¢â€š ¬Ã¢â€ž ¢s unwritten constitution. Developing a hypothesis and formulating an argument by answering the objectives of the question. Duty List: Sub division of duties and activities to be done according to individual strengths. Daniel: Introduction, Definition, History, Examples. Word count 250 Rachel and Joan: Advantages, Examples. Word Count 1000 Emmanuel: Disadvantages Examples. Word Count 500 Marcus: Conclusion, Bibliography, Examples. Word count 200 Swabra: Examples, overall content, Research Techniques, Editing, proof reading and final copy of the essay. Meeting 3: Submission of drafts by each member. Verifying validity and reliability of sources and correctness of information: all sources verified for authenticity, currency and authority. References: Checking for consistency with OSCOLA 4th edition. Meeting 4: Critique, Review, Re-editing and Mock Presentation. [1]constitution, Blackà ¢Ã¢â€š ¬Ã¢â€ž ¢s Law Dictionary (9th edn, West 2009). [2]The Editors of EncyclopÃÆ' ¦dia Britannica, à ¢Ã¢â€š ¬Ã‹Å"cuneiform lawà ¢Ã¢â€š ¬Ã¢â€ž ¢, EncyclopÃÆ' ¦dia Britannica Online. (2014) lt;https://www.britannica.com/EBchecked/topic/146555/cuneiform-law#ref718884gt; accessed 5March 2014 [3]à ¢Ã¢â€š ¬Ã‹Å"Kenya Country Constitutional Profileà ¢Ã¢â€š ¬Ã¢â€ž ¢, ConstitutionNetlt;https://www.constitutionnet.org/country/kenya-country-constitutional-profilegt; accessed 7 March 2014 [4]Beverley McLachlin, à ¢Ã¢â€š ¬Ã‹Å"Unwritten Constitutional Principles: What is going on?à ¢Ã¢â€š ¬Ã¢â€ž ¢ (2006) 4 NZJPIL 147 [5] Constitution of Kenya, A.10(2) (a) to (d) [6] Constitution of Kenya, A.2 (5) (6) [7] à ¢Ã¢â€š ¬Ã‹Å"Kenyas New Constitution Benefits Indigenous Peoplesà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Cultural Survival, 10 August 2010) lt;https://www.culturalsurvival.org/news/kenya/kenyas-new-constitution-benefits-indigenous-peoplesgt; accessed 1 0 March 2014 [8] Constitution of Kenya, A.44 (1) (3) [9] Constitution of Kenya, Cap.4 [10]Jillo Kadida, à ¢Ã¢â€š ¬Ã‹Å"Kenya: Attorney General Rushes to Seal Election Law Loopholeà ¢Ã¢â€š ¬Ã¢â€ž ¢ (The Star, 10 October 2012) lt;https://allafrica.com/stories/201210110139.htmlgt; accessed 10 March 2014 [11]Ben Sihanya, à ¢Ã¢â€š ¬Ã‹Å"Constitutional implementation in Kenya, 2010-2015: Challenges and prospectsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Friedrich Ebert Stiftung (FES) Revised 5/12/2012) lt;https://library.fes.de/pdf-files/bueros/kenia/09857.pdfgt; accessed 10 March 2014 [12]McLachlin (n 4) [13]unwritten constitution, Blackà ¢Ã¢â€š ¬Ã¢â€ž ¢s Law Dictionary (9th edn, West 2009). [14]à ¢Ã¢â€š ¬Ã‹Å"What is the UK Constitution?à ¢Ã¢â€š ¬Ã¢â€ž ¢lt;https://www.ucl.ac.uk/constitution-unit/whatis/uk-constitutiongt; accessed 5 March 2014 [15] à ¢Ã¢â€š ¬Ã‹Å"New Zealandà ¢Ã¢â€š ¬Ã¢â€ž ¢s Constitutionà ¢Ã¢â€š ¬Ã¢â€ž ¢lt;https://gg.govt.nz/role/constofnz.htmgt; accessed 5March 2014 [16] McLachlin (n 4) [17]ibid [18]Mark Walters, à ¢Ã¢â€š ¬Ã‹Å"Written Constitutions and Unwritten Constitutionalismà ¢Ã¢â€š ¬Ã¢â€ž ¢ in Grant Huscroft (ed), Expounding the Constitution; Essays in Constitutional Theory (Cambridge University Press 2014) ch 10, 245 276 [19] McLachlin (n 12) [20] ibid [21]à ¢Ã¢â€š ¬Ã‹Å"What is the UK Constitution?à ¢Ã¢â€š ¬Ã¢â€ž ¢lt;https://www.ucl.ac.uk/constitution-unit/whatis/uk-constitutiongt; accessed 5 March 2014

Compounds Made of Two Elements

A compound is a chemical substance made up of two or more elements. Here is a list of examples of compounds made up of exactly two elements. H2O - waterNaCl - sodium chloride or table saltKCl - potassium chlorideHCl - hydrochloric acidN2O - nitrous oxideAgI - silver iodideAlN - aluminum nitrideB4C - boron carbideCdTe - cadmium tellurideCsF - cesium fluoride Note: A compound that consists of two elements may contain more than two atoms!

Descriptive Essay Goodbye Dad - 1360 Words

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Alzheimer’s Disease The Importance of Public Awareness...

Imagine greeting your grandmother and being met with a blank stare. Think about how it would feel to watch as your father forgets how to drive or dress himself. Picture your own mother crying out for her long dead parents and siblings. Try to envision the look on a loved one’s face as you tell them that they can no longer live at home alone. Now put yourself in their place-- slowly losing your freedom, your memory, and your very identity. Welcome to the world of Alzheimer’s disease. This is the reality that nearly fifteen million caregivers and over five million patients must face every day. Public awareness must be raised about Alzheimer’s disease and the people it affects. Alzheimer’s disease was discovered in 1906 by German†¦show more content†¦Plaque deposits are clumps of protein and dead cells in the grey matter as well as along blood vessels within the brain. 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Coca Cola and Pepsi Free Essays

*Segmentation of Coca Cola: **Basic segments of coca cola is those people who take this drink regularly. **The target market for coca cola is based on age: youth and younger 15- 25 and 40 age. Another factors are income and family size. We will write a custom essay sample on Coca Cola and Pepsi or any similar topic only for you Order Now **Target is not based on gender , both gender likes it. **Key success of coca cola is behavioral segmentation. **Coca Cola generally sells in schools, colleges, universities, restaurants, hotels and fast food stores. Coca Cola has variety of tastes ecause they want to meet customer needs. **Coca cola diet : for diabetic people and aged people 40 plus. **Coca Cola : young people whose age is 16 to 35. **Coca Cola packs and bottles : (based on income level) for students, poor people, middle class and family size. Nature of customer : fun and entertainment loving. Socio-economic level :upper lower and lower class. Occupation : student and family oriented people. **Coca Cola prefer to serve its product in those places where young eople gather mostly. coca cola customers are mainly teenagers and young adults **it is the highest selling cold drink above the world.? **The main theme of coca cola is â€Å"open happiness† coca cola packaging attracts the young generation attention ver y much. *Positioning statement: Coca Cola provides the best quality and taste in an affordable price. *Segmentation of Pepsi: **Pepsi has same market purposes like Coca Cola. Pepsi has also different kinds of soft-drink productin order to appeal to different ustomers. **Pepsi customers are mostly teenagers and young adults between the ages of 14 to 30. *Positioning of pepsi: **PepsiCo main slogan is – â€Å"Generation Next! † It spends billions of dollars in order to affect people and find creative slogan in every year. Pepsi is a cold drink which gave the best taste, low fat in a reasonable spending. Coca Cola is successful corporation because they have further plan to impess people and have good stategy to sell products in right places. How to cite Coca Cola and Pepsi, Essay examples

Cultural Safety And Its Application In Contemporary Nursing free essay sample

Nursing practice demands for accountability to the patient, to the profession and the employer and the first time the term cultural safety was used was in 1988 in New Zealand and was born out of the experiences of the indigenous people of the country. The definition of cultural safety is the effective nursing practice of a person or family from another culture which is often determined by that person or family. The Code of Health and Disability Services Consumers Rights provides patients with the legal rights for the care they receive from health care providers, and provides a mechanism for patients who are dissatisfied with the health care provided to make complaints.Cultural safety specifically borders on respect to patient rights to be treated with respect; no discrimination or coercion in decision making; to be listened to, understood and receive information in ways to ensure understanding, including provision of an interpreter; to be given choices for possible treatment; to give informed consent; and the right to complain. Nurses are expected to practice by these rights and also applying their nursing knowledge and experience when catering for the needs of patients and their family and meet the requirements for continuing competence, including culturally safe practice within the scope of competent clinical and cultural care.Culture includes the following even though not restricted to, gender; sexual orientation; age or generation; socioeconomic status and occupation; religious or spiritual beliefs; ethnic origin or migrant experience; and disability. The nurse/midwife delivering the nursing/ midwifery service will need to have undertaken a process of reflection on his/her cultural identity and in the right position to recognize the impact that his/her professional practice is affected by his/her personal culture and always remembering that unsafe cultural practice comprises any action which diminishes, demeans the cultural identity and wellbeing of an individual.Cultural safety, a conceptual framework designed to guide health care delivery identified as safe by the person receiving that care and aim towards enlightening nurses on the need for a change in attitude and educating them about health care relationships with clients, improve their understanding of the ever growing diversity in culture between New Zealand society at large and nursing basically because majority of the people benefiting from and delivering health services today in New Zealand come from ethnic backgrounds that is diverse and people bring this difference wi th them into health care services and expected this to be recognised.ISSUES AFFECTING THE DELIVERY OF PROFESSIONAL NURSING CAREVarious issues affecting the delivery of professional nursing are include but not limited to the following: (1) Failure of the nurses to acknowledge and respect the attitude, beliefs and practices of patients whom they are to care for: the patient has the right just like any other patient to be attended to and given appropriate healthcare service but because this young man is currently serving a term of home detention for sexual abuse offences, the nurses rather prefer to exercise their right to refuse to nurse him and even forgetting that this patient has a diagnosis of haemophilia, and has been admitted to the ward for a Factor Eight transfusion which is very important to his wellbeing. Since patient expectations of nurses are examined based on the establishment of nurse-patient relationships and effective communication, as well as exploration of patient a utonomy as a social construct, this power exercised by the nurses is therefore against the call for equality in health care delivery.(2) Lack of preparation on the nurses path to understand the diversity within their own cultural reality and the impact of that on any person who differs in any way from themselves: This can be supported by the notion of trans-cultural care which emerged in the 1950s in the United States as a form of care which focuses on the values and beliefs of diverse cultures and how this knowledge is used to provide culturally specific care to patients from particular cultures. This requires nurses to have knowledge of the specific cultural values and beliefs of a wide range of racially and ethnically diverse populations in order to provide culturally congruent care. This was lacking on the path of the nurses and impacted their delivery of healthcare service because the man has characteristics that make him different from them. (3) Failure of the nurses to apply social science concepts that underpin the practice of health care: According to Jeffs (2001) suggestions, different strategies for cultural safety education have been introduced over the years leading to a range of outcomes which arent consistent with cultural safety principles and this could have played a role in the response of the nurses in this scenario. It is generally expected where culture is viewed from the dominant perspective rather than in terms of power, that cultural safety may be substituted for a course on Maori health, instead of seeing both as essential and when this coexist with the removal of relevance of ethnicity by placing one form of oppression in competition with others, this may maintain the status quo by a process of divide and rule to focus on the nursing culture rather than the nurse as the culture bearer and over time, the nurse does examine self culturally in practice rather than nursing as a culture in practice which w ill help to tackle this inequality.THE CORRECT PROFESSIONAL NURSING RESPONSESThe correct professional nursing responses should be based on the various principles of practice that exist in cultural safety and in general four principles exist towards aiding the correct professional response from nurses. The first one aims to improve health status and well-being of New Zealanders; on the other hand, the second one improves the delivery of health services. The third and forth principle focuses on the differences among the people who are being treated and accepting those differences and understanding the power of health services and how health care impacts individuals and families. It is expected that nurses should be aware and understand that cultural safety aims to improve the health status and wellbeing of New Zealanders and applies to all relationships by placing emphasis on health gains and positive health and wellbeing outcomes accompanied by nurses been able to acknowledge the bel iefs and practices of those who differ from them. If this is possible then nurses will be able at all time to fulfil their basic role which is caring for the needs of patients irrespective of the scenario the patient or nurses find him or herself. Beyond this all, cultural safety aims to enhance the delivery of health services through a culturally safe workforce by identifying the power relationship between the service provider and the people who use the service. By this, the nurses which are the health care provider in this case, accepts and works alongside others after undergoing a careful process of institutional and personal analysis of power relationships which empowering the users of the service to be able to express degrees of perceived risk or safety and they knowing that irrespective of their socioeconomic status they will be duly care for. Also, more has to be done towards preparing health care providers to understand the diversity within their own cultural reality and to apply their knowledge of social science concepts that underpin the practice of health care to everyone and understanding that health care practice is more than carrying out tasks but rather is about relating and responding effectively to people with diverse needs and strengths in a way that the people who use the service can define as safe.Finally, nurses should be aware that cultural safety has a close focus on understanding the impact of the health care provided as a bearer of his/her own culture, history, attitudes and life experiences and the response other people make to these factors therefore they should also improve themselves in this direction and challenge one another to examine their practice carefully.Nurses should be prepared and understand the role that they play as health care providers towards resolving any tension between the culture of the health care institution and the people using the services and be at all time willing to understanding that such power imbalances can be examined, negotiated and changed to provide equitable, effective, efficient and acceptable service delivery.THE NEED FOR CHANGE IN WORKPLACE CULTUREOver the years, the long-term value of the concept of cultural safety as a tool for cultural regeneration is hard to assess and depends on the integrity of the processes that underlie the concept of cultural safety. Most cultural safety research has been completed in New Zealand, but the statistical evidence of the benefits of cultural safety is lacking, and other evidence is largely qualitative and anecdotal. Irihapeti Ramsden, the architect of cultural safety, stated that cultural safety training is too skewed toward Maori studies in many nursing courses and a number of controversies during the mid 1990s affected the concept of cultural safety in New Zealand and critics claimed that nursing students were afraid to speak out about the excesses of cultural safety on their nursing degrees, presumably for concerns about failing their course after not meeting cultural safety requirements.Critics have claimed that cultural safety is based on airy-fairy quasi-psychological subjects which have resulted in an abandonment of rigorous and theoretical task-based nursing. Public opposition to cultural safety during the 1990s led to a Parliamentary Select Committee inquiry into its teaching, whilst a simultaneous review was carried out by the New Zealand Nursing Council and after the review the New Zealand Nursing Council revised the guidelines for cultural safety in Nursing and Midwifery Education t o placate public concern that cultural safety privileged Maori. In general, cultural safety has been criticized for lacking a clear and comprehensive practice framework that is easily translated by, and responsive to, both culturally diverse health care providers and equally diverse health care recipients, therefore the need for change in workplace culture.I suggest that the following changes: (1) A universal approach to health care should be the dominant approach and should assume the same service for all; (2) There should be a balance of power relationships in the practices of health care so that everybody receives an effective service; and (3) There is a need to challenge health care providers to examine their practice carefully, recognising the power relationship in health care institutions.A Universal Approach to Health CareThe solution to this disparity is a universal approach to health care should be the dominant approach and assumes the same service for all. This approach do es not take individual or cultural needs into account and consequently tends to put the focus of deprivation and disparity onto individual or cultural difference. A universal approach ignores structural barriers to service and ignores the culture and inherent values of the health care service which may impact on care.It is notable to say that in New Zealand, as in other nations, huge changes have occurred throughout the socio-cultural development of a rapidly growing multicultural society. Such changes demand a greater awareness and responsiveness towards the cultural differences between each individual and/or groups of individuals, and especially the shared beliefs and practices of various minorities social, ethnic, religious and gender groups in society, such as young people, elderly people, and those who are mentally ill or disabled. However, the values, ideals and basic rights of such groups have often been overlooked, ignored or minimized because, as is common in western or postcolonial countries, any arguments from a cultural or ethically relativist perspective are often overridden to favour those of the more prevalent views of western ethnocentrism and moral universality. This phenomenon continues to fuel a persistent and convoluted debate in nursing, especially within the teaching and practices associated with nursing ethics.For nurses, the problem of operating within a system that tends to promote rights-based and/or principles-/rules-based ethics in the face of a rapidly changing social environment remains a considerable challenge. For instance, problems may arise when nurses attempt to match notions of desirable universal moral principles, such as autonomy and justice, with the largely relativistic cultural norms of different patients under the auspices of the dominant culture of medicine. This difficulty is perhaps compounded rather than alleviated by nursing attempts to attach universalistic notions of shared values or practices derived from the multicultural or trans-cultural concepts in nursing care. Yet, irrespective of the dominance of prevailing ideologies within health care, and continuing debates about the overall purpose and direction of nursing ethics, there will always remain a requirement for nurses to respond ethically to the socio-cultural needs of their patients, and perhaps especially to the specific needs of patients who belong to aboriginal, minority or marginalized groups.This therefore call for a universal approach that would value collectivist ways of autonomous decision making as well as individualistic ways, appreciate alternative viewpoints regarding issues pertaining to health care delivery.FACTORS THAT DEMONSTRATE MY PRACTICE IS CULTURALLY COMPETENT AND PERSON-CENTRED.PROMOTES SOCIAL JUSTICE AND EMPOWERMENTThe concept of social justice is of ten used to imply that there is a fair and equitable distribution of benefits and burdens in a society. Such a view of justice depends largely on the notion of the distributive paradigm of justice; that is, justice as a personal right based on the practice of individual freedoms within the usual societal limits. This type of interpretation, so common perhaps in the neoliberal societies of previously colonized western nations (such as New Zealand, Australia and Canada) is not an interpretation that is commonly experienced within indigenous or other culturally affiliated minorities. In these settings, social justice implies that, within the different social, economic and political contexts in which people exist, difference should be treated with difference; that is, according to the different cultural needs of the recipient of nursing care rather than nurses need to maintain their own nursing culture, or the culture of medicine, or any other arguably predominant culture. Such imbalances require not only awareness and sensitivity on the part of nurses; they require attention to social justice using empowering practices.MAINTAINANCE OF INDIVIDUAL/COLLECTIVE CULTURAL AUTONOMY AND IDENTITYThe concept of autonomy is broadly seen as the capacity of individuals to shape the conditions under which they live. It implies an individuals, or a group of individuals ability to plan, pursue, participate in and evaluate their own choices in social life. The term may therefore be used to refer to the self-determination of one individual or culturally affiliated group of individ uals within collective bodies such as minority groups and indigenous peoples. Cultural autonomy strongly relates to cultural knowledge and identity, which in turn dwells within the traditions, language and practices of a given cultural group. The upkeep of these traditions and practices is therefore of importance in every culturally affiliated group, but especially so for indigenous cultures (such as Maori) who still retain cultural memories of past colonial experiences that often saw them denied such basic autonomous rights, the subsequent demise of their language and knowledge, and, most devastatingly, their loss of identity and prestige. This problem has occurred in several indigenous societies around the world, and remains an issue that should be of moral concern to nurses everywhere. It is generally well known that in traditional societies, collective cultural membership matters more than individual membership and much importance is placed upon shared decision making. In such ways, cultural knowledge is shared and identity maintained. In other societies, especially neo-liberal ones, the individual is regarded as a fully autonomous being and great store is placed on the legal maintenance of individual rights and freedoms, privileges and protections.It follows, then, that for members of dominant cultural groups (e.g. the middle and higher socioeconomic classes), health care institutions such as hospitals (where the main values and practices remain firmly focused around dominant social cultures that include medicine) offer at least some cultural similarities and opportunities to maintain individual identity and status . In the case of less dominant cultural minorities, this possibility is usually far less likely. They may be at least doubly disadvantaged in that they could easily lose any cultural authority, power and influence that they may otherwise possess, and they may lose control over their own cultural practices because of the nature of their illness and an inability to respond in ways more familiar to them. When this occurs, the greatest threat to the (cultural) safety of individuals is a danger to their identity. Hence, for those receiving nursing care, the maintenance of cultural identity always requires the consideration of a significant degree of either individual or collective autonomy, as every instance of choice denied to one may be regarded as an instance of control imposed on all.PROMOTES TRUST AND RESPECTTrust is a desirable and necessary ethical element of any relationship between nurses and patients, families or communities. Undoubtedly, the maintenance of trust itself is a vita l social phenomenon in all traditional societies, being developed not by promises or expectations but by the observable actions of others. These actions include factors such as an ability to meet others face to face, to look, listen and speak at appropriate times, and to be generous with both time and self. Subsequently, it may be argued that this particular requirement is obtained only through nurses closer attention to their own attitudes and responses within the entire social environment. This crucial difference means that nurses need to accept that they are bearers of a culture that may be exhibited through the use of professional power, and that it is not necessarily enough to know and be sensitive towards the needs of others; they must act on these needs ethically within a relationship of mutual respect and trust. It follows that to work as nurses within indigenous and other socially diverse groups requires them to place themselves in a position based on trust, and to strive continuously to maintain that trust as, without it, ethical nursing practice cannot take place.

Computer Hacking Problems and Solutions free essay sample

Imagine yourself going into the bank to get money out of your account for your rent or other important bill, and the account is dry and you just got paid the day before.. or going to pay a bill with your credit card and card after card is maxed out then you find out that someone has stolen all your information and used all of your resources to live and pay bills. If this happened to me my heart would be beating so fast in panic id probably pass out considering I have so many kids to provide for. Well it happens everyday to people everywhere all over the world. One of the major problems causing this is called hacking which is defined by the company who created the website the free dictonary dot com, Houghton mifflin company, as to gain access to a computer file or network illegally or without authorization. We will write a custom essay sample on Computer Hacking Problems and Solutions or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page It is a big problem not just here but in other countries as well. One incident id like to mention is the playstation store being hacked into Now I would like to move on to some stastistics. According to the internet crime complaint center also know as the IC3 a partnership with the federal beauro of investigation, the national white collar crime center and the bearo of justice assistance. The percentage of people hacked within the last year has increased 22 from last year. next I am going to go over some solutions to a couple possible goals of the hacker that I have researched on ic3 to help prevent or reduce the chance of the hacker meeting those goals. The first one is called internet extortion to help prevent or reduce the chance of being hacked for this security needs to be doubled up so the intruder or hacker needs to basically get thru many obsticles to achieve the goal, also ensure security is installed at every possible entry point of your system, identify wherher your internet provider is utilyzing any ports that have been known to represent insecurities, ensure you are utilyzing the most up to date patch or fixes for your software. The next common hacking reason is called identity theft some of the steps recorded on ic3 needed to help prevent or reduce the chance of being hacked for this include ensuring websites are secure prior to submitting your credit card number, do your homework to ensure the business or website is legitimate. Never throw awayt credit card or bank statements unshredded, be aware of missed bills which could indicate your account has been taken over and lastley be cautious of scams requiring you to provide your personal information. Let me end by saying I like most of us treasure my privacy and my money. But the fact is that hacking can happen to all of us everywhere around the world who uses the internet or computer, but there are steps that can be taken to prevent or reduce your chance of being hacked. If you would like more information on internet crime prevention I reccoment going to the website ic3. com thank you.