Monday, September 30, 2019

10 Tips for Choosing a Suitable Graduate Thesis Essay

Some Graduate Students Take over Two Years to Choose Their Thesis Topic Although selecting a topic suitable for your thesis might seem to be simple and easy, the prevailing research on this issue finds that some graduate students take over two years to complete this task — this does not have to be you. Understand that the longer you take to complete this task — the more money the university makes on your continuous registration. Hence, educational institutions are not encouraged to help you figure the thesis process out. Don’t wait until you are finished with your qualifying/comprehensive exams to start thinking about idea for your thesis topic. See more: Ethnic groups and racism essay Use your graduate courses to pursue a possible topic. Procrastination in selecting a topic can sometimes cause gridlock in your graduate career. Without a topic, you cannot proceed to writing or defending the proposal phase; and more importantly, you cannot begin researching or writing your thesis. I have provided 10 tips to help you develop thesis ideas and start moving toward your goal of completing your degree: 1. Don’t Panic — Keep Things in Perspective Let’s face it, not too many people will read a masters thesis. A thesis is not the type of document that piques the general public’s interest mainly because of its academic rigor and writing style. The topic is generally of interest only to the student, experts in the field and the student’s advisor and committee members. 2. Be Organized — Maximize Your Research Efforts In order to maximize your research efforts, you must be organized and efficient in your search efforts. The more organized you are in the beginning, the more time you will have to write your thesis. Be diligent about keeping track of your files in the early phases of your research to reduce your stress levels later on when your enthusiasm begins to wane. If you have to back track on your research efforts, being organized from the beginning will help make the process less painful. 3. Choose a Subject Area First — Then a Topic for Your Thesis The more information you consume in your broad subject area, the more patterns will emerge. In your coursework readings, you may notice repeated results and conclusions by more than one  source, or facts that favor one view more than another. Paying attention to these patterns should help you become more conversant with the relevant literature as well as help you to narrow your focus. Narrowing your topic should be done with help from your advisor and committee members. 4. Consider Expanding a Masters Thesis Into a Dissertation If you’re working towards a PhD and you wrote a Masters thesis, consider expanding on that topic for your dissertation. You already are familiar with the topic and much of the research is done. This approach can accelerate your progress towards your goal: Completion! 5. Make Sure Your Thesis Topic Is Interesting It is imperative that both you and your advisor are interested in your thesis topic. Some advisors are reluctant to suggest topics because of the implicit responsibilities associated with guiding a student through the process from start to completion. Your advisor’s enthusiasm for your topic will determine his or her willingness to read, support, fund, and provide timely feedback and direction to your work. 6. Choose a Solvable And Manageable Research Problem It is important to select a problem that is narrow enough that you can address it or solve it in a reasonable period of time. You should select a topic that can be completed within a two-year time frame. A longer time frame could allow many unexpected and competing events to occur. If you find yourself spending an exorbitant amount of time pursuing and identifying a research problem, it is possible that the problem is not solvable. With a longer time frame, you also run the risk of someone else identifying and solving the problem before you do. Hence, the concept of â€Å"original† contribution to the field is lost and you might have to start over. Moreover, you run the risk of your enthusiasm diminishing. 7. The Research Problem Must Be Worthy Of Your Time Choosing a topic that is compelling enough to sustain further research is critical. Employers evaluate potential employees based on the student’s ability to not only finish the thesis but also make future contributions to  the field. 8. Make Your Research Topic Original- Has It Been Done Before? The prerequisite for finding a new research topic is to be informed because most things have been studied before. Staying on top of the current debates in your academic field puts you in a position to identify the gaps in knowledge. After identifying the gaps, all you need to figure out is what kinds of information will fill these gaps. 9. Hone Your Research Skills One way to evaluate your research skills and make sure they are up to par is to pursue a potential topic in your Research Methods or Statistics courses where you can get immediate feedback from an instructor. You can use these courses to work out potential problems in your methodology or your review of the literature; thus allowing you to work out any kinks earlier in your academic career rather than later. 10. As You Read — Ask the Following Questions. What is the Research Question in the Study? Did the Researcher Focus on the Wrong Group/subjects? Did the Research Leave Some Group/Something Out? Is the Methodology Faulty? Were the Findings Faulty? Can I Pursue the Author’s Recommendation for Future Research? What Are the Limitations of the Study?

Sunday, September 29, 2019

Victorain Realism vs Romanticism

This was reflected in the writing, which was more formal but eventually the writing began to develop an emotional strain. This led to writers focusing on pains of death and lost love, and towards the era of Romanticism http://www. Martinets. Was/timeless/enlightenment_age. HTML Throughout the sass and half of the sass, Europe was ravaged by religious wars. (lead to ration over tradition) http://www. Weeklies. Org/what-is-the-difference- between-romanticism-and-realism. HTML Romanticism and Realism are two opposing art style, where one focuses on idealism and the other on maintaining what is true.Romanticism glorified things, imagining characters with the ability to shape the destiny of an entire nation. Realist literature defined real life experiences of other people, and would highlight injustices in hope of bringing social change. Http:// Perez. Com/calculatedly/romanticism-vs.-realism/ Realist techniques involve a setting that relates to the author, and by a plot that uses ordinar y events. Protagonists and other characters are normal, but are defined by personal conflict, whether physical, mental, or emotional. Author places injustices of the time in plain view, and allows reader to form their own opinion.Realism would sometimes attack romantic ideas in their own work, in realist novels, characters make (and are defined by) their own choices, rather than Just reacting to choices that have already been made. Romanticism usually has circumstances considered out of the ordinary, plot development over character development, traumatized story. Http:// indefinites. Bloodspot. Ca/2013/05/romanticism-vs.-realism. HTML The second half of the century (after romanticism) was filled with many civil wars, and the industrial revolution which destroyed the middle class, effectively destroying the economy of Victorian London. Http://www. Essay. Du/dept/English/dismiss/room. Lit. Char. PDF Characteristics of romantic literature; 1 . ) Imagination and emotion more important t han reason and formal rules

Friday, September 27, 2019

Answer the questions for each of the articles Quant and Quali Research Paper

Answer the questions for each of the articles Quant and Quali - Research Paper Example 53). The design is generally categorized under the major class of quantitative approaches to research. The major category of the design was experimental design. The random assignment of sampled subjects into a treatment and control group are identifiers characteristic of an experimental design (Sears et al., 2010, p. 53). An independent variable is a variable that the researcher has control over. In this case, the independent variable in the research was the mode of training adopted for nursing education. The manipulation of this variable was attained by assigning differing models of nursing education delivery, which included clinical simulation-based education and actual clinical placement. The dependent variable is the measured element of interest, which is affected in the research, and in this research the dependent variable was the medication errors (Sears et al., 2010, p. 52). Survey forms were used as the data collection instruments and these were filled by the instructors and students (Sears et al., 2010, p. 53). Observed medication errors were entered into forms that only bore the instructor’s name in order to preserve the confidentiality of the participating students. The external validity of the research was low because the research cannot be widely generalized. In spite of randomly selecting the participants, generalization cannot be possible for other populations and locations because all participants were from a single collaborative nursing program. This limitation reduces the external validity, but it can be overcome if the research could be replicated for different populations and locations across different times (Sears et al., 2010, p. 54). The second research titled â€Å"Whatever it takes": nursing students experiences of administering medication in the clinical setting† was authored by Happell, B. Walker, S. Moxham, L. and Reid-Searl, K. The research appeared in the seventh issue of the 20th volume of the

What is happening to jounalist and protesters at the RNC in the twin Research Proposal

What is happening to jounalist and protesters at the RNC in the twin cities must include info retrieved from written as well as video sources - Research Proposal Example The protesters present at the RNC represented various groups as well as many different independents who felt the need to speak out against the last eight years of Republican reign in the United States; although protesters (despite their Constitutional right to do so) can generally expect to be detained by police in such a setting, there were a high number of media bystanders amongst the arrestees. According to Poynter Online, most of the arrests were made by police on the final day of the Convention: Thursday September 4th. The police are reported to have used flash-bang grenades on the swarms of protesters and media representatives while dressed fully in riot gear, and to have made the majority of Thursday’s arrests in an area of St. Paul several blocks away from the Convention itself (retrieved 6 September 2008). Democracy Now! reported that a great deal of Thursday’s arrestees were present to protest the arrests of Monday’s protesters who had remained jailed for an agonizingly long period according to friends and families (retrieved 6 September 2008). The online media report also states that journalists as well as protesters arrested during the Convention were given written citations for â€Å"unlawful assembly†. Pepper spray, smoke bombs and concussion grenades are reported to have been used to keep the thousands of protesters from the main downtown St. Paul area where Republicans had gathered for five days of rallying speeches and the final nomination of their presidential candidate for the upcoming US election. At the end of the five days, it is estimated that more than eight hundred people were arrested by the police. The latter made their final attempt to stop protesters by blocking off several bridges that protesters were crossing across Interstate 94 towards downtown St. Paul. These detainees endured the barrage of police tactics for hours as they were arrested and led away

Thursday, September 26, 2019

Mathematics concepts Essay Example | Topics and Well Written Essays - 500 words

Mathematics concepts - Essay Example Integration,  in calculus, method of determining a function g(x) and its darivative, Dg(x), is same as a known function f(x). It is denoted by the symbol of integralâ€Å"∠«,† such as ∠«f(x), generally known as the indefinite integral of the known function. (At the end of the function sign dx is commonly included, that simply describes x as the variable.) The standard form for writing a definite integral is as the following: Integration by Substitution is one of the most uncomplicated techniques of integration which is used for making the integration uncomplicated. Integration by substitution or u-substitution in its simplest form is utilized each time when an integral includes a function and also contains derivative of that function, such as, for an integral of the structure These new limits u1 and u2 can be termed as placeholder for integration. This time when we reverse the substitution replacement ‘sinx’ for ‘u’ and also reversing the representation to limits as well to ‘a’ and ‘b’ respectively. Now our equation will

Wednesday, September 25, 2019

Bush's War (PBS) Analasys Essay Example | Topics and Well Written Essays - 750 words

Bush's War (PBS) Analasys - Essay Example Cheney advocated the use of controversial interrogation techniques to obtain information that would link Saddam Hussein to the 9/11 attacks. In the documentary, Cheney and Rumsfeld supported a pentagon (military) led alternative that led to the decision to invade Iraq. Cheney was also involved in securing controversial secret legal opinions from the Justice Department that would grant President Bush unrestricted broad authority to wage 'war' without the consent of the U.S congress. Cheney also supported the use of 'enhanced combat and interrogation techniques' against captured combatants. President Bush's fixation on invading Iraq was borne out of his distrust of Saddam Hussein. Bush stated in the documentary that Saddam was "an evil man who gassed his own people" In reference to Saddam Hussein, Bush declared after the 9/11 attacks, that his administration would hunt down the Islamic fundamentalists and "those who harbour them." Bush believed that Saddam Hussein was providing support for Al-Qaeda. The intelligence information that was used as a predicate to the invasion was manipulated in order to justify the war. This invasion 'policy' was hatched and promoted chiefly by Cheney and Rumsfeld although there was a lack of substantial evidence that linked Saddam to Al-Qaeda. The Central Intelligence Agency (CIA) Director, George Tenet did not initially support the Iraq invasion on account of the lack of credible intelligence evidence available. Instead of relying and heeding to CIA intelligence reports, Cheney and Rumsfeld formed a parallel and secretive intelligence unit in the Pentagon to analyse evidence that would hitherto link Saddam Hussein to Al Qaeda (Chapter 12). Cheney also pressured CIA analysts who were preparing a National Intelligence Estimate, to include language that would support the invasion policy. The CIA analysts have since reported that Cheney and his staff wanted the report to indicate that Saddam had or was seeking to acquire Weapons of Mass Destruction ( WMD). This attempts led the administration to use "highly dubious" and un-corroborated evidence that stated that Saddam Hussein had attempted to purchase 'yellow cake' Uranium (a key component for producing a nuclear weapon) from Niger (Chapter 12). Why was the press unable to bring this story to light earlier Although some sections of the press were critical of the plans, President Bush had a 90% popularity rate. The national press were therefore weary and feared a public backlash if they did not seem to be supporting the President in war time. How would you assess Rumsfeld's role in this issue Donald Rumsfeld was the one of the Architects of the invasion of Iraq. Rumsfeld first succeeded in taking the lead role in the 'war on terror' from the CIA in Afghanistan and subsequently in the Iraq invasion plans. He wanted to be the solely in charge, "100% responsible" and determined to go to war with Saddam at all cost. He continued to claim that Saddam Hussein had WMD (Chapter 13). Rumsfeld also withheld critical information form the White House and undermined both the State Department and the CIA all in a bid to ensure that the invasion took

Tuesday, September 24, 2019

Correction Debate Essay Example | Topics and Well Written Essays - 1000 words

Correction Debate - Essay Example However, segregating them causes other inmates to ostracize them. When segregated, they will have a very small group of inmates to interact with and this changes their socializing; this may be more devastating to some inmates than the disease. Other people may feel that because they are inmates they have no right but in reality, they do. One of the rights they have is to be treated fairly. A special ward for HIV inmates would make them susceptible to mistreatment from guards. In most cases, isolation is reserved for those people who are a threat to themselves or others. It could be argued that they are a threat to the rest of prison society because they are HIV positive but this would have to be done in a way that showed they were treated as fairly as other inmates. Conjugal visits are one way to give inmates an opportunity to stay in touch with their spouses or significant others but I disagree that it would aid in effective rehabilitation. Many researchers think that providing conjugal visits is like giving inmates a hotel room and it dos not give them a sense of being in jail. I think that it is a good thing for them to do because sexual frustration can build and can cause inmates to take out this tension on other inmates. The readings suggest that conjugal visits provide a way to stay in touch with their families. I suggest that there are many variables I prison that are stronger than conjugal visits and that some families are not very strong. This means that some inmates would get conjugal visits while others would be denied either because family members are not visiting them or because of their behavior. Conjugal visits are sometimes once a month and some inmates have better behavior if they have been able to have sex with their partners but this is not always the case. If families were already close this could help them stay close, but if they were not close a

Monday, September 23, 2019

JOUR 330 Research Paper Example | Topics and Well Written Essays - 2000 words

JOUR 330 - Research Paper Example The video (viewer discretion advised due to graphic content) shows the CEO and his hunting party looking over a farmer's damaged crops, shooting at elephants at night, and Parsons posing with the dead bull. It also shows crowds of villagers field dressing the carcass the next morning.† (Burgess, 2011) Perhaps because the image recalled African safaris of the robber barons of late 19th century capitalism and the archaic, out of touch, and even barbaric behavior of the â€Å"super-rich,† bloggers around the world wrote articles protesting this, and thousands of customers cancelled accounts with GoDaddy. The company’s competitors took advantage of this, issuing free transfer and discount coupons for people who wanted to switch their business away from GoDaddy. This situation can be regarded as a case example in public relations because Bob Parsons illustrates exactly what not to do when media problems occur for a company. His actions, statements, and behavior in resp onse to the first controversy arguably made the situation even worse for him and his company in the public relations context. While the company claims it has not lost much business from this, the story will undoubtedly remain linked to the brand and competitors will continue to take advantage of this. To some degree, Parsons may have been overdue for a PR breakdown, because his company is known for a particular marketing campaign that is based on a certain amount of â€Å"sleaze†. Yet, for a company that once hoped to go public through an IPO, having the CEO of the company labeled this way in the mainstream press is very problematic. Consider that major media publications such as CNN, Salon, the New York Times, The Guardian, etc. all ran major articles on the story, and kept it active with update reports. In PR, the goal is for the problem to be out of the news cycle and out of discussion as soon as possible. When mainstream media repeat a story such as this over and over, it does continual damage to the brand and its credibility. For most people, the killing of an elephant is really a blatant act of stupidity, cruelty, and arrogance. That Bob Parsons defended his behavior immediately inflamed the situation. For example, instead of apologizing publicly, Parson conducted media interviews where he said: "These people have literally nothing and when an elephant is killed it's a big event for them, they are going to be able to eat some protein. This is no different than you or I eating beef. All these people that are complaining that this shouldn't happen, that these people who are starving to death otherwise shouldn't eat these elephants, you probably see them driving through at McDonald's or cutting a steak." (McCarthy, 2011) What Parsons did not critically understand is the fact that indeed millions of people do think and care deeply about issues such as environmental protection, endangered species, as well as the social justices issues related to hunger and global poverty. To compare eating an elephant to a problem for African starvation is simply a ridiculous justification. Salon critically notes that the original video Parsons posted included â€Å"captions to the nighttime scene that read ‘Bob Parsons fires first’ and ‘Bob Parsons fir

Sunday, September 22, 2019

Marine Phytoplankton Essay Example for Free

Marine Phytoplankton Essay Phytoplankton From Wikipedia, the free encyclopedia Jump to: navigation, search Diatoms are one of the most common types of phytoplankton. Phytoplankton are the autotrophic component of the plankton community. The name comes from the Greek words cpur?v (phyton), meaning plant, and TIXay? «?q (planktos), meaning wanderer or drifter. [l] Most phytoplankton are too small to be individually seen with the unaided eye. However, when present in high enough numbers, they may appear as a green discoloration of the water due to the presence f chlorophyll within their cells (although the actual color may vary with the species of phytoplankton present due to varying levels of chlorophyll or the presence of accessory pigments such as phycobiliproteins, xanthophylls, etc. ). Contents [hide] * 1 Ecology * 2 Aquaculture * 3 Blooms * 4 See also * 5 References * 6 External links [edit] Ecology Phytoplankton are the foundation of the oceanic food chain. Of these, the best known are dinoflagellate genera such as Noctiluca and Dinophysis, that obtain organic carbon by ingesting other organisms or detrital material. The term phytoplankton encompasses all photoautotrophic microorganisms in quatic food webs. Phytoplankton serve as the base of the aquatic food web, providing an essential ecological function for all aquatic life. However, unlike terrestrial communities, where most autotrophs are plants, phytoplankton are a diverse group, incorporating protistan eukaryotes and both eubacterial and archaebacterial prokaryotes. There are about 5,000 species of marine phytoplankton. [8] There is uncertainty in how such diversity has evolved in an environment where competition for only a few resources would suggest limited potential for niche differentiation. [9] In terms of numbers, the most important groups of phytoplankton include the diatoms, cyanobacteria and dinoflagellates, although many other groups of algae are represented. One group, the coccolithophorids, is responsible (in part) for the release of significant amounts of dimethyl sulfide (DMS) into the atmosphere. DMS is converted to sulfate and these sulfate molecules act as cloud condensation nuclei, increasing general cloud cover. In oligotrophic oceanic regions such as the Sargasso Sea or the South Pacific Gyre, phytoplankton is dominated by the small sized cells, alled picoplankton, mostly composed of cyanobacteria (Prochlorococcus, Synechococcus) and picoeucaryotes such as Micromonas. [edit] Aquaculture Diagrams of some typical phytoplankton. Main article: Algaculture Phytoplankton are a key food item in both aquaculture and mariculture. Both utilize phytoplankton for the feeding of the animals being farmed. In mariculture, the phytoplankton is naturally occurring and is introduced into enclosures with the normal circulation of seawater. In aquaculture, phytoplankton must be obtained and introduced directly. The plankton can either be collected from a body of water or foodstock for the production of rotifers[10], which are in turn used to feed other organisms. Phytoplankton is also used to feed many varieties of aquacultured molluscs, including pearl oysters and giant clams. The production of phytoplankton under artificial conditions is itself a form of aquaculture. Phytoplankton is cultured for a variety of purposes, including foodstock for other aquacultured organisms[10], a nutritional supplement for captive invertebrates in aquaria. Culture sizes range from small-scale laboratory cultures of ess than 1 L to several tens of thousands of liters for commercial aquaculture[10]. Regardless of the size of the culture, certain conditions must be provided for efficient growth of plankton. The majority of cultured plankton is marine, and seawater of a specific gravity of 1. 010 to 1. 026 may be used as a culture medium. This water must be sterilized, usually by either high temperatures in an autoclave or by exposure to ultraviolet radiation, to prevent biological contamination of the culture. Various fertilizers are added to the culture medium to facilitate the growth of plankton. A culture must be aerated or agitated in some way to keep plankton suspended, as well as to provide dissolved carbon dioxide for photosynthesis. In addition to constant aeration, most cultures are manually mixed or stirred on a regular basis. Light must be provided for the growth of phytoplankton. The colour temperature of illumination should be approximately 6,500 K, but values from 4,000 K to upwards of 20,000 K have been used successfully. The duration of light exposure should be approximately 16 hours daily; this is the most efficient artificial day length[10]

Saturday, September 21, 2019

Argument Against Universal Health Care in the Us Essay Example for Free

Argument Against Universal Health Care in the Us Essay Argument Against Universal Health Care in the Us BY shaker71493 Jacob Nieuwenhuis Contemporary Issues MSR 10 March 2010 Universal Health Care in the United States Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber barons cruelty may sometimes sleep. His cupidity may at some time point be satisfied; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. -C. S. Lewis (1898 1963) The issue of universal health care taking over the present health care system has become a heated topic all over America. With President Obamas promise to pass a bill that will give government coverage to all Americans, most people were happy that health care would become more affordable for them. But is this the case? There has been a stiff opposition to the passing of any bill of this kind throughout the entire process, but the longer a bill stays in circulation the more time people have to form an opinion on the issue. With the law in effect now the issue now turns to if this will e better off for America in the long run, and if there is any good to such a system. History has a lot to say about socialized medicine. There have been many countries, not only socialistic countries which have used a public method of offering medicine. A few of these countries are Great Britain, Canada, France, Australia, and also the European system. These systems will be analyzed from their roots up i n order to see whether they were successes or failures. The National Health Service (NHS) of Great Britain, which was created on July 5, 1948, is the worlds largest publicly funded health service ever. As can be seen on the diagram, the NHS is divided into two sections: primary and secondary care. Primary care is the first point of contact for most people and is delivered by a wide range of independent service providers, including general practitioners, dentists, pharmacists and optometrists. Secondary care is known as acute healthcare and can be either elective care or emergency care. Elective care means planned specialist medical care or surgery, usually following referral from a primary or community health professional such as a general practitioner. In this system there are a lot of different trusts (refer to iagram). These trusts are where the money is sent for certain types of care. The main trusts are the Primary care trusts. Primary care trusts (PCTs) are in charge of primary care and have a major role around commissioning secondary care, providing community care services. They are the main core to the NHS and control 80% of the NHS budget. Green, did a report on the effects of preventive care in Great Britain for diseases such as circulatory disease and cancer. His main focus was on the circulatory system and the conclusion of his reports states that: The main findings can be summarized as follows. The I-JK has a poor record of preventing death from diseases of the circulatory system. After allowing for the different age structure of each country in the European Union, the I-JK death rate from circulatory diseases for persons aged less than 65 was ranked thirteenth out of the 15 countries studied. There are many negative aspects of the NHS. There are stunning reports of people who didnt get care, or who waited for months in order to get prevented care. One example of a terrible thing that happened recently in Great Britain was a cancer patient who had to wait for 62 weeks before starting treatment. Patients were outraged by this. They said that for some cancer patients with slow growing tumors could wait that long but that it is atrocious that someone would have to wait that long to receive any type of care at all. It was compared side by side with a case from 20 years earlier, when Heather Goodare was diagnosed with the same problem and eceived treatment within two weeks after first being diagnosed. The European system has run into a lot of obstacles over the years, mostly financial. There is currently a 5 percent to 8 percent increase in expenses per year in real terms, resulting in enormous deficits and even greater problems when the rate of unemployment rises. When employment rates improve, the deficits are eased be cause more taxes come in to pay for care. But as soon as employment falls again (which is common everywhere right about now), deficits come back. A common method used for getting over this deficit is rationing care and restricting use of high ost preventive cares such as CAT scans. Sometimes this is only towards people who meet a certain criteria, e. g. the elderly. This can only be bad for the consumer. Michael Tanner sums this up nicely in his article condemning socialized medicine in the U. S. : The Europeans have run into a very simple economic rule. If something is for it. Think of it this way: if food were free, would you eat hamburger or steak? At the same time, health care is a finite good. There are only so many doctors, so many hospital beds and so much technology. If people over consume those resources, it drives up the cost of health care. All the countries in Europe have this health care system. There are, however, three countries in Europe that allow their citizens to opt out of the official system and to take with a tax credit for the money they paid to the official system, to purchase private insurance in the health market. These countries are Germany, the Netherlands, and Switzerland. In those countries, citizens do not have to pay twice in order to acquire private health insurance. The systems of these three countries are important in that they may point the way to a solution for the current financial problems Western health care systems are experiencing. This private plan is more expensive but reachable for at least a third of the population. For the most part, people in Europe are happy with the health care they receive. In the Netherlands there is a basic plan that everyone can buy (it is not a government mandate). This covers things such as broken limbs, emergency room visits Oust the visit), and seeing general practitioners. On top of this, a person may buy whatever premium add-ons they want. An example of an add-on is dental and orthodontic care. With this add-on all the people in the household of the insurance buyer receive ull dental care as well as braces for all the children of the family. Trudy Rubin, who is a Philadelphia Inquirer opinion columnist, says that the United States is not learning valuable lessons from the European system of healthcare. She addresses the three myths that she thinks are thought to be believed as fact. She takes these myths from an excerpt from T. R. Reid. The three myths are as follows: Myth No. 1, he says, is that foreign systems with universal coverage are all socialized medicine. In countries such as France, Germany, Switzerland, and Japan, the coverage is universal while doctors and insurers are private. Individuals get their insurance through their workplace, sharing the premium with their employer as we do and the government picks up the premium if they lose their Job. Myth No. 2, which is long waits and rationed care is another whopper. In many developed countries, Reid writes, people have quicker access to care and more choice than Americans do. In France, Germany, and Japan, you can pick any provider or hospital in the country. Care is speedy and high quality, and no one is turned down. Myth No. 3 really grabs my attention: the delusion that countries with universal care are wasteful systems run y bloated bureaucracies. In fact, the opposite is true. Americas for-profit health insurance companies have the highest administrative costs of any developed country. Twenty percent or more of every premium dollar goes to nonmedical costs: paperwork, marketing, profits, etc. If a profit is to be made, you need an army of underwriters to deny claims and turn down sick people, says Rei d. Canada is another place where health care is run by the government. This came into effect when the parliament unanimously passed the Canadian Health Act in system. Under this law, provinces must ensure that their health care systems respect ive criteria: The first is public administration. This means that the health insurance plans must be administered by a public authority who is accountable to the government. The second is comprehensive benefit. The plan must cover all medically necessary services prescribed by physicians and provided by hospitals. The third is universality. This means all legal residents of the province must be covered. The fourth criterion is portability. Under this, residents continue to be covered if they move or travel from one province to another. And the final criterion is accessibility. This means that services must be made available to all residents on equal terms, regardless of income, age, or ability to pay. The process which a patient goes through to receive health care is very simple. When a person goes to a doctor for any kind of medical treatment they have to present what is called a provincial health card. This is a credit card-looking piece of plastic that lets your physician know you are a legal user of the system

Friday, September 20, 2019

Porter Five Forces Analysis Economics Essay

Porter Five Forces Analysis Economics Essay In 1979 the renowned business strategist Michael E. Porter identified five competitive forces that influence planning strategies in a model called porters five forces. It is a management tool that allows an external analysis of an enterprise, through the analysis of the industry or sector to which it belongs. The competitive forces that this tool considers are: Barriers to entry Threat of substitutes Buyers power Supplier power Degree of rivalry Sorting these forces thus allows a better analysis of the business environment or industry to which it belongs and, thereby, based on this analysis, to design strategies to exploit the opportunities and address the threats. Barriers to entry This point refers to the potential entry of companies that sell the same type of product. If the companies enter to the industry easy, the competition will be more cutthroat. When trying to enter a new business to an industry, it could have entry barriers such as lack of experience, customer loyalty, scarcity  of resources, market saturation, lack of distribution channels, government restrictions or legislationà ¢Ã¢â€š ¬Ã‚ ¦ The analysis of the threat of entry of new competitors it is interesting because it allows us to establish entry barriers that prevent the entry of these competitors. Supplier power It refers to the ability to negotiate with suppliers that have, for example, while there are fewer suppliers, the greater its bargaining power, and that absent such input supply, they can easily increase their prices. Some of the most typical reasons that suppliers might have power are: Many suppliers of a particular product There arent substitutes The product is very important to buyers Switching to another (competitive) product is very costly The analysis of the bargaining power of suppliers, we can design strategies to achieve better agreements with suppliers or, in any case, strategies that allow us to acquire or have more control over them. Buyer power It refers to the ability to negotiate with consumers who have or buyers, for example, while there are fewer buyers, the greater its bargaining power, and that absent such a demand for products, they can claim for lower prices. Besides that there are many buyers, the bargaining power of buyers also might depend on: Volume of purchase The product is not very important to buyers Customers are price sensitive Switching to another (competitive) product is simple The analysis of the bargaining power of consumers and buyers, we can design strategies to attract more customers or obtain greater fidelity or loyalty of these, for example, strategies such as increasing advertising or offering more services or warranties. Availability of substitutes It refers to the potential entry of firms that sell products substitutes or alternatives to the industry. The principal problem could be the similarity of substitutes. For example, if one customer likes coffee but the price of coffee rises substantially, that customer may change the cup of coffee for a tea. In analyzing the threat of substitute products income allows us to design strategies to prevent penetration of companies selling their products or, in any case, strategies that allow us to compete with them. Degree of rivalry This point refers to companies that directly compete in the same industry, offering the same type of product. The degree of rivalry among competitors will increase as raising the amount of these, go matching in size and capacity, lower product demand, prices fall à ¢Ã¢â€š ¬Ã‚ ¦ The analysis of the rivalry between competitors allows us to compare our strategies and competitive advantages of other rival companies thus know, for example, whether to improve or redesign our strategies. Case study Barriers to entry The threat of new entities entering the oil industry is insignificant due the high barriers to entry that exist. Oil industries need a huge capital associated with the activities, but it depends on the area of the market. In addition, it is required an enormous capital for the development of oil fields. For these reasons the threat of new entries are insignificant, these costs cannot be supported by everyone. This does not only include costs for exploration of new fields, but also for drilling, oilfield services, scientific research, materials and energy, all of which create substantial barriers for potential entrants. Other areas of the oil business require highly specialized workers to operate the equipment. Another barrier prevalent here are economies of scale. Due to the increased unit costs in the exploration and production of oil, only big oil companies and refineries that are able to take advantage of economies of scale can survive. This makes things very difficult for new pla yers, since they usually dont have access to a big number of oil reserves. The need to secure access to distribution channels can also create barriers to entry. Usually only major oil companies possess well established channels of distribution. Oil pipelines for some companies, as means of distribution, are costly and require time to build. This creates obstacles for new entrants. However, some of the greatest impediments for potential entrants come from different government policies that favour national companies in different ways. Oil is state owned resources and governments tend to give access to these raw materials to national companies. Most of the oil-rich countries also allow other companies to engage in the exploitation of oil fields, but in partnership with the national company. Supplier power There are a lot of oil companies in the world, but only a small handful of powerful companies dominated the oil business. The large amounts of capital investment tend to eliminate a lot of the suppliers of rigs, refining à ¢Ã¢â€š ¬Ã‚ ¦ There isnt a big competition between them, but they have a bit power over smaller companies. Big oil companies, like Petrobras , have a complex chain of suppliers, ranging from suppliers of oil (fields), to suppliers of engineering, field development management, pipeline installations, specific equipment and materials, or even scientific researchers and engineers. Oil is a scarce resource and we have to speak about OPEC nations. Open nations were the ones to actually nationalize oil production in their countries and take over most of the business from big oil corporations. As OPEC nations own 2/3 of the worlds proven reserves, with oil that is one of the cheapest to produce, they in fact possess significant bargaining power to oil corporations. Therefore OPECs bargaining power is one of the most bargaining powers when it comes to granting oil-fields-concession rights to international companies. The conclusion within this point is that the power distribution between oil companies and their suppliers is that it all depends on the type of the supplier. Big oil companies can exert power due to their position, However, the suppliers of oil fields, with OPEC countries as a specific example, which hold most of the easy-to access oil reserves in the world. Buyer power The oil industry in different comparing with others because the Price of the product is determine on a global level, based on the economic relationship between global demand and supply of oil. The oil customers are refiners, major international companies, national oil companies, marketers, distributors, traders and the countries themselves. The last point it is important due the countries can be the only customers that can exert some degree of bargaining power, through different volumes of demand. These countries are the US, the EU, China and Japan, which account for more than half of the world consumption of oil over the world. Although nowadays countries are experiment with other renewable energies, in the next decades oil will be need and rise especially for transportation and industry. So the conclusion is that only the largest buyers can exert some bargaining power in this market. Availability of substitutes Oil is a dominant and prevailing source of energy, still irreplaceable in many sectors, especially in transportation and industry. The oil exploitation technology is every day more sophisticated, for this reason oil is likely to stay one of the cheapest sources of energy in the following years. However the policies of the countries are working in renewable energies like as: coal, natural gas, renewables (wind, solar energy, From the substitutes, based on the Energy Information Administration, natural gas Governments around the world think also that fossil fuel make a big harm to the planet. The projections are that gas is going to gain significant market share in the industrial, residential and commercial sectors. This is a bad notice to oil industries. Renewable energies, like wind-, hydro- power or hydrogen are expected to slowly but surely increase their market share in the future. However, without major proactive governmental policies aimed at reducing the impacts of carbon dioxide emissions in the atmosphere, the process of adopting renewable energies on a large scale is going to be rather slow. So long as these sources of energy have relatively high production costs, they will not be economically competitive to fossil fuels. The conclusion within this point is that oil energy will predominate the following decades, but the intensive search for alternative energy resources will be a real threat for this product. Degree of rivalry The competitive environment in the oil industry can be described as: a few big and strong players and several smaller players with less power. Most of the oil companies are inside the OPEC, so they operate as a single entity, reducing rivalry or competition among these companies. However, it is true that exist a big rivalry between producers when they need to replace drying fields. This leads to make alliances, acquisitions or mergers. In the end, other factors are: the high fixed and storage costs and the lack of product differentiation. http://www.investopedia.com/features/industryhandbook/oil_services.asp http://www.smalltimes.com/articles/article_display.cfm?Section=ARCHIC=EnergARTICLE_ID=325165p=109 http://www.businessinsurance.com/cgibin/article.pl?articleId=24938 http://www.fngas.com/green.html http://www.newser.com/article/d977f9io0/bargaining-power-shifts-in-the-globalhunt- for-crude-western-companies-look-to-expand.html http://www.financialexpress.com/news/occidental-ousts-shell-in-developing-oman-oil-field/131414/

Thursday, September 19, 2019

Patriarchy and Gender Roles in King Lear and A Midsummer Night’s Dream

Through his characters and characterization in both King Lear and A Midsummer Night’s Dream, Shakespeare sought not to reproduce the dominant ideas on patriarchy at the time, but rather to critique the ideology of patriarchy and the socio-political construction of male and female roles. â€Å"Be advised, fair maid. To you your father should be as a god, One that composed your beauties; yea, and one To whom you are but as a form in wax, By him imprinted, and within his power To leave the figure, or disfigure it.† - William Shakespeare. A Midsummer Night’s Dream Judith Butler in her book Gender Troubles asserts that gender is a construction of an individual’s society and upbringing, believing that the concept of female and male identity is not inherent to the individual but is rather a product of society. There has been numerous debates on the concept of sex and gender, Valerie Traub in Gender and Sexuality in Shakespeare states that â€Å"Sex refers to the biological distinctions between male and female bodies [while] gender refers to those meanings derived from the division of male and female . . . the attributes considered appropriate to each: ‘masculine’ and ‘feminine.’†. In the Shakespearean period, the traditional role of females at the time was one of inferiority as their role in society was primarily domestic, forcing them to remain in the private sphere of the public. Men however, were viewed as superior and ruled in all aspects; even throughout half a century of Queens, women lived the life of the inferior sex. The patriarchal ideology was used to support this position of women in the renaissance period. Despite these ruling notions, William Shakespeare often commented, through the characters in his plays and sonn... ... Genres. New York: Routledge, 2005. Print. Traub, Valarie. â€Å"Gender and Sexuality in Shakespeare,† in The Cambridge Companion to Shakespeare, ed. Grazia, de Margreta, Wells, Stanley. Cambridge: Cambridge University Press, 2001, 129. Warren, Samantha. Shakespeare On Gender Roles. https://suite101.com/a/shakepeare-on-gender-roles-a330914. n.d . Web. March 18 2014. Webb, C. Allen. Literature & Lives: A Response-Based, Cultural Studies Approach to Teaching English. National Council of Teachers of English. 2000. Web The Role of Inversion in Kings Lear. http://voices.yahoo.com/the-role-inversion-shakespeares-king-lear-11582864.html?cat=44. August 6 2012. Web. March 16, 2014. Gender Studies in King Lear and Macbeth. http://www.thetutorpages.com/tutor-article/a-level-english/gender-studies-in-king-lear-and-macbeth/4308. March 21 2012. Web. March 16 2014.

Wednesday, September 18, 2019

Reservoir Dogs :: Art

Reservoir Dogs Gangsters, violence, murder and corruption !!!!! If these are some of the things that you're into, then this is your kind of movie. Be ready to watch it more than once to be sure to get all the movie has to offer because it jumps from subject to subject and can be a little confusing. The movie on the whole was really great. It was filled with some pretty gory scenes and extreme violent content, Tarantinos' trademark. The way he portrays the real life aspects of crime and violence are unbelievable. I wonder if he experienced some of these things himself and that's why he has a realistic view of them. Then again, I can't really gauge how realistic any of these themes are because after watching this kind of movie it makes me feel like I lead a really sheltered lifestyle. Why does all the violence in Tarantinos' movies become so attractive to us normal people? I think it's because most of his material is underworld stuff. He deals with things we can barely relate to. Topics that are so far fetched to a "normal" person that they kind of hypnotize us into watching. Things happen in his movies that are so bizarre, we can't begin to imagine them happening to us in real life. The weird part is, many of these things DO happen every day. We all know there really are gangsters, mobsters and really low-life people that involve themselves in what we think of as underworld crime. Drug deals.... on a level so great... amounts we can't begin to comprehend. Murders, for whatever reason. Even the thought of hiring someone to kill someone else gives us a goose bump or three. In his movies it's almost like borrowing a cup of sugar from your next door neighbor. Chopping off someone's ear would repulse me and probably make me want to spew my lunch. Tarantinos' characters chop off ears then talk into them as if they were using ma bell. His characters attitudes are totally ruthless. They could give a shit if you were the cousin of the president or a nanny. They have a job to do and they do it. No holes barred, no questions asked, no thought given to actions or consequences. They are almost like robots, zombies of the underworld that have no emotions or respect for the value of life.

Tuesday, September 17, 2019

Animals and Humans

Animals and Humans It may be that some humans are negligent, but humans are regarded as â€Å"beastly,† whereas animals are being considered â€Å"better. † Many ideas can lead up to these assumptions; many of these ideas can be disputed. Loyalty can be a huge leading cause to these assumptions. Animals (domestic) are almost always loyal and most humans can’t seem to be loyal if their life depended on it. Animals are not always better and humans aren’t always beastly, but that is how most people will see it. Animals are better than humans in some cases; mostly loyalty.When one wins an animal’s loyalty, that animal is loyal always. Loyalty given is a precious commodity. One thing I do know is that a dog will teach a human what real loyalty is all about. There have been many stories about dogs waiting around for years after their master is deceased. The sound of a car pulling up in the driveway will send the dog’s ears perking up and their tail s wagging; at least for a while. The dog will still always be awaiting their master, but when the dog realizes that their master is never coming home the animal will act differently; the dog acts depressed.The one absolutely unselfish friend that man can have in this world, the one that never deserts him, the one that never proves ungrateful or treacherous, is his dog. Loyalty is a very broad term which may be applicable in case of one's family, locality or the country. A loyal person is ready to sacrifice even his own life for the sake of his master, friend, relative or the country. A loyal person bears a moral character, honest outlook, and disciplined manners. There are handfuls of loyal people in the world; loyalty forms the basis of human character. A truly loyal man cannot be bribed or tempted to deviate from his own path.If there is ever a chance that an animal is not loyal, which there is, it’s likely because of neglect by an owner. The animal may have been beaten, or have been attacked by another animal; also, starvation which can be tied in with neglect. Neglect can cause damage to the animal and cause the animal to start trying to take care of itself, probably teaching itself to survive. Animals will do what they have to do to survive; if that means attacking and eating another animal for food, it will. Neglect and abandonment from a human cause’s animal to act disloyal, which I don’t think makes the animal bad, it is only trying to survive.Humans are not very loyal whatsoever. For one to be loyal they must be completely strong and know what is right. It is difficult to find people like that anymore. People will do whatever they can to hurt someone. Some people will get close to someone just to steal something; or even to steal their friend. People confide in other people and tell them things, but not everyone will keep the person’s secrets to themselves like they promised. That’s called being disloyal and people c ommit it all of the time. Animals are considered beastly because they sometimes attack people and other animals.A lot of times pit bulls are picked at as one of the most beastly dogs; from experience, they’re one of the best and loving animals. When an animal attacks a human being it is usually because the human is treating the animal badly. An animal just doesn’t walk around looking for a human to attack. Humans often do; they will want to fight someone so bad that they will go looking for that person. Humans are considered â€Å"beastly,† very unkind, malicious, and I can honestly say that I understand why. People are mean, cruel, hurtful, and they really just don’t care about other people’s feelings.Humans can torture someone and be okay with it; backstab people without a care; lose trust in a matter of seconds; talk bad about their so called â€Å"best friend†; even lie straight to someone’s face. If that’s not considered b eastly, then who knows what is. The worst thing a loyal animal could do to their master is play a little too rough or jump on one with mud on their paws. What do humans do when the dog bites or gets mud on their clothes? A human will smack the hell out of a dog. They leave the dog scared with their tail between their legs because the dog doesn’t know what they did wrong.Of course, not everyone will treat their animal that way. Some animals are like the humans baby. These humans will not harm their animals or give the animal any reason to be scared, besides maybe stepping on them if the animal walks between their legs. Even though the dog gets stepped on it is not going to bite the hell out of their owner. Most humans will not go a day without food but they will force their animals in the backyard to starve. The animals have no choice but to starve unless they are going to eat dirt or the grass out back.Humans can give animals their leftovers, but they usually don’t eve n give that a second thought. Differences between humans and animals are much more than language. Man has free will. Animals act on instinct. Animals do not have a sense of self, but humans do. Man has the ability to conceptualize; animals do not as evidenced time and time again. Man has sex for pleasure; animals do not with the exception of dolphins. This has been proven time and time again. Animals don't murder out of lust or greed, but in defense of young and territory, and on instinct alone, not premeditation.When humans get mad at each other they don’t blow it off like how two animals would. Humans hold the grudge for a long time, whereas, dogs don’t have that emotion. One minute the dogs are snarling at each other back and forth the next minute they are blowing in and out of their noses excitedly to play. When a human loves an animal it really is love, not love like for a spouse, but a genuine feeling. When the animal and human are apart for a while and they meet again both are filled with joy and happiness. This is a beautiful thing because so often it doesn’t happen like that.You are able to see the excitement in the animal and the human. â€Å"Animals can give that almost human look† like Alice Walker explains in her essay, â€Å"Am I Blue? † (279). Animals and humans will always have huge differences, because they aren’t the same. Being a human does not give you the right to be beastly. Humans are expected to be good, while animals are expected to be beastly because they’re animals. It has come to my attention that it is quite the opposite and I’m sure that’s not the way that things are supposed to be, but it will forever remain that way. We children were always warned not to harm the frogs or the toads. † (Silko 380) The old time people told their children that, yet now in this day, there are worse things going on like the beating and neglect of animals by the beastly humans.Works Cited Silko, Leslie Marmon. â€Å"Yellow Woman and a Beauty of the Spirit. † The McGraw-Hill Reader: Issues across the Disciplines. Ed. Gilbert H. Muller. 11th ed. New York: 2011. McGraw- Hill, 2011. 375-382. Print. Walker, Alice. â€Å"Am I Blue? † The McGraw-Hill Reader: Issues across the Disciplines. Ed. Gilbert H. Muller. 11th ed. New York: 2011. McGraw-Hill, 2011. 756-761. Print.

Monday, September 16, 2019

A Thousand Reasons to Smile Essay

When life gives you a hundred reasons to cry, show life that you have a thousand reasons to smile. Whether it is through pain or laughter, life has an interesting way of teaching people lessons of strength and growth. When life throws a difficult task in our paths, we all have the opportunity to grow and become better individuals. Through pain and sorrow I have learned to look at life with a new perspective. My life changed that dreadful day when I was faced with the shock and undeniable truth of my little brother’s death. It was the hot month of June, 2006. The days were getting hotter and hotter and every day the news reported the lack of rain and record high temperatures. I woke up that morning with an overwhelming feeling of joy from a dream that I had of being with God. I had a conversation with him, and all I remember was him telling me how great of a person I was and how much he loved me. That feeling of joy was suddenly interrupted by a phone call from my mom. It felt like my heart stopped beating even before the first words came out of her mouth, â€Å"Your brother was in a car accident last night and is in serious condition†, she said, her voice shaky. She couldn’t hold back the tears. My world stopped and a black cloud covered my sky. I can still remember the pain that I felt that day. The fear of losing my only brother immediately took over me, and hearing my mom’s weeping voice on the other end of the phone broke my heart that much more. The dawn broke and so did our hearts, as the news came of my brother’s passing. He was gone. Gone with the blink of an eye. I became angry at the world and especially at my little brother, who had made an unwise decision that night to go out drinking and driving. For months I went through a period of depression, denying myself of life, just as life had denied my brother of the rest of his. There is an appointment in every disappointment in our lives. This phrase was one of the main encouragements of my life at that time; and explains the overwhelming feeling of happiness that life is offering me right now. Seven years has gone by since my brother passed away, and ironically on the day that he would turn twenty seven years old, I decided to get my hair cut, which was getting uncomfortably long for my taste. I sat straight up in the seat and nervously waited for the woman to start buzzing away at my cut, I was nervous because my wife was at home, about to take the test to determine our future, perhaps forever. If it’s negative, she’ll just text me. If its positive. . . with that, my cell phone started vibrating violently in my jeans pocket. Startled, I answered it. â€Å"Hello?† I asked, even though I knew it was my wife. â€Å"We are pregnant!† she screamed excitedly. Needless to say, I ran out of that Super Cuts, all of a sudden not caring w hether my cut was long or short. I am going to be a father. No, I am going to be a daddy. The emotions are indescribable as I imagine my future son kicking a soccer ball towards me, or my future daughter insisting we have a tea party. The joy is overwhelming when I think of how the love my wife and I share will soon be multiplied the day our baby arrives. We spend countless moments discussing what we think our child will look like, and then we laugh the discussions away by saying â€Å"as long as he or she is healthy†, which sounded like a clichà © to us before we were expecting, but now is a concerning reality. But not even that could overshadow the happiness that we were experiencing as the new life was growing daily. The same day we found out, I called my mom’s house. She answered the phone on the first ring. Her tired and frail voice told the story of what our family had gone through 7 years before. I cleared my throat, anxious to deliver the news. â€Å"You’re going to be a grandmother!† I exclaimed. Her voice shook with tears, tears of unmistakable joy this time around. Her excitement spilled over the phone and I was overwhelmed with tears to be able to deliver the news: the news of a new life, especially to the woman that had given life to me. It is funny to me that the same tears that stream down our faces can come from tragedy but can also come from overwhelming happiness. I have experienced both, and believe that each and every one of us will at some point in our lives. It is how we allow those experiences to shape our perspectives that will vary from person to person. Life gave me a hundred reasons to cry that fateful day in June, and that’s exactly what I did. But I allowed the grieving process to teach me to never take a day of life in this world for granted. I learned to always tell those in my life that I love them, to never hold grudges, to live in peace, to see the best in people and all circumstances, and to look at the world with an appreciative attitude. I plan to share this perspective with my baby, who is due this coming September 2013. I will always tell him or her, â€Å"You are not only a hundred, but a million reasons to smile.†

Sunday, September 15, 2019

Ict Movie Maker vs Adobe Premier Pro

ICT What Movie Maker is capable of doing Windows movie maker is able of: * Find all your video’s and images * Find any special sounds effects * Find any music * Decide on any written content * Make a rough plan of the running order * Create your movie. Advantages of using Windows Movie Maker 1) It is available free on any windows operating system 2) It is easy to learn 3) It is pretty straight forward 4) You do not need film editing experience in order to use windows media player 5) There are over 130 effects, transitions, titles, and credits available 6) After capture, any clip can be dragged and dropped anywhere on the timeline.Disadvantages of using Windows Movie Maker 1) It suffers from crashes frequently. 2) Program freezes at times. 3) It is not possible to uninstall the program through the add/remove panel. 4) It is not possible to do complex editing. Adobe Premier Pro Advantages of Adobe Premier Pro 1) The software has the ability to go into extensive detail and edit v ideos within seconds. 2) Larger videos are easier to convert and use in the program although this is not important to my solution as I will only be creating small clips (max. minutes). 3) Contains a feature called timeline which allows for zooming in and out. 4) Several tutorials available online Disadvantages of Adobe Premier Pro 1) More expensive than most other competitive software of the same type. 2) To use the features if the software users are required to view forums, see the help section of Adobes website as most features are more complex than they are required to be and most people are used to. 3) Larger file sizes are left in comparison to other packages, requiring more disk space.

Saturday, September 14, 2019

Stephen Kalong Case Review

STEPHEN KALONG NINGKAN V. TUN ABANG HAJI OPENG AND TAWI SLI FEDERAL COURT [KUCHING] OCJ HARLEY A-G (BORNEO), CJ [KUCHING CIVIL SUIT NO. K 45 OF 1966] 7 SEPTEMBER 1966 JUDGMENT Harley A-G (Borneo) CJ: The plaintiff was appointed Chief Minister of Sarawak on 22 July 1963. On 14 June 1966 there was a meeting of Council Negri at which, apart from the Speaker, plaintiff and twenty other members were present. Five members of the Sarawak United Peoples Party and one Machinda member, who normally behave as an opposition, were present among the total of 21 members.Of the 21 members, three were ex officio. Bills were. passed without opposition on that day. One of the members present, Abang Haji Abdulrahim bin Abang Haji Moasili, who gave evidence in this case, was a supporter of the plaintiff on 14 June and indeed up to 16 June. He says that as from the evening of 16 June he would not have supported the plaintiff. The fact remains that there has never been a motion of no confidence put in Coun cil Negri, nor has there been any defeat of a Government bill.On 14 June a letter was addressed from Kuala Lumpur to the Governor. It is accepted that this letter was signed by 21 persons who are members of Council Negri. (There are 42 members in all of Council Negri plus the Speaker. ) The author of the letter was Tan Sri Temenggong Jugah, Federal Minister for Sarawak Affairs (not a member of Council Negri). The letter reads as follows: Letter No. 1 â€Å"TOP SECRET c/o YB Enche Thomas Kana, Dewan Ra'ayat. Kuala Lumpur. 14hb June 1966. His Excellency, The Governor of Sarawak, The Astana, KUCHING.Your Excellency. We, the undersigned members of Council Negri Sarawak, beg to inform your Excellency that we no longer have any confidence in the Hon Dato' Stephen Kalong Ningkan to be our leader in the Council Negri and to continue as Chief Minister. 2. Since the Hon. Dato' Ningkan has mill to command the confidence of the majority of the members of the Council Negri, he is bound by artic le 7(1) of the Constitution of the State of Sarawak to tender the resignation of the members of Supreme Council. 3.We respectfully request your Excellency to take appropriate action under that article and to appoint a new Chief Minister pursuant to article 6(3) of the Constitution. Yours faithfully, (Signed) T JUGAH. (A list of names was attached. ) In the list attached to this letter, 25 names are set out. Against 21 of these names are signatures (in one case the signature is a â€Å"chop†). This letter was never shown to the plaintiff until after Court proceedings started. it was handed to the Governor (defendant 1) in Kuching on 16 June.The next letter from the Governor's private secretary to the plaintiff reads as follows: Letter No. 2 ASTANA, KUCHING, SARAWAK. Ref: GOV/SEC/144 16 June 1966. To The Honourable Dato' Stephen Kalong Ningkan, PNBS PDK Chief Minister, Sarawak. Dato', I am directed by his Excellency to inform you that his Excellency has received representations from members of Council Negri constituting the majority of the council, informing his Excellency, and his Excellency is satisfies, that you have ceased to command their confidence. 2.In order that the provisions under articles 7(1) and 6(3) of the Constitution of the State of Sarawak be complied with, his Excellency requires your presence forthwith at the Istana upon receipt of this letter to tender your resignation. I have the honour to be, Sir, Your obedient servant, (Signed) ABDUL KARIM BIN ABOL, Ag Private Secretary to HE the Governor. † In answer to the above the plaintiff replied: Letter No. 3 Chief Minister, Kuching, Sarawak. Malaysia. 17 June 1966. Ref: CM 1/66 A-G Private Secretary to His Excellency the Governor, The Astana, Kuching.Sir, GOV/SEC/144 dated 16 June 1966 I have the honour to refer to your above letter received by me late last evening and regret that I am temporarily indisposed and unable to present myself at the Astana last night. With deepest respect, the proceedings of the meeting of the Council Negri held on 14 June 1966, do not appear to support his Excellency's view that I have lost the confidence of the majority of it's members. In these circumstances, I shall be grateful if I may be supplied with the names of those council members who support the representations referred to in your letter.I shall be grateful if you will convey to his Excellency that, in my view, the proper course to resolve any doubts regarding my ability to command the confidence of the majority of Council Negri members is to arrange for the council to be convened in order that the matter can be put to the constitutional test. In addition to believing that this represents both the democratic course and the best one for Sarawak and Malaysia, it is one which I believe would receive the support of the majority of the people of this State and one whose out-come I would be prepared to abide by.I am, Sir, Your obedient servant, (Signed) SK NINGKAN, Dato' Stephen Kalong Ningkan, Chief Minister of Sarawak. † The vital letter comes next: Letter No. 4 ASTANA, KUCHING, SARAWAK. GOV/SEC/144 17 June 1966. To The Hon'ble Dato' Stephen Kalong Ningkan, PNBS, PDK Kuching, Sarawak. Dear Dato', I have received your letter, Ref CM 1/66 dated 17 June 1966 in reply to my private secretary's letter sent to your yesterday. It is clear from the contents of your letter that you have refused to tender the resignation of the members of the Supreme Council in accordance with art. (1) of the Constitution of the State of Sarawak, although you have ceased to have the confidence of a majority of the members of the Council Negri. I, therefore, declare that you and other members of the Supreme Council have ceased to hold the office with effect forthwith. 2. I am now appointing the Hon'ble Penghulu Tawi Sli. ABS Chief Minister of Sarawak with effect for with. 3. As requested, I forward herewith a list of the name of members of the Council Negri who have made repr esentations to me in person that they have ceased to have confidence in you. Yours sincerely. Enc: (Signed) TUN ABANG HAJI OPENG Governor. The Governor is the first defendant in the present suit and the Honourable Penghulu Tawi Sli is the second defendant. Mr. Kellock has made the point that it was only in this letter and after the dismissal that the names were provided and the names that were provided are a list of 21 names and are the same names that appear on the letter of 14 June. Again on 17 June the plaintiff wrote: Letter No. 5 ‘Pangau Libau' Kuching. 17 June 1966. His Excellency the Governor, Tun Abang Haji Openg, SMN PNBS OBE Astana, Kuching. Your Excellency, I have received, with surprise, your letter (Ref: GOV/SEC/144) of today's date.It is not true that I have refused to tender my resignation – the question of tendering my resignation did not arise until after I received a reply to my letter requesting for the names of the members of the Council Negri. It is clear from the list of the names forwarded to me that the majority of the Council Negri members are not against me, as 21 cannot be the majority of 42. With the utmost respect I have to inform your Excellency that if you appoint the Hon'ble Pengulu Tawi Sli as Chief Minister you would be acting unlawfully and I will have no option but to question my removal in the Court.I am, Sir, Your obedient servant, (Signed) SK NINGKAN. (Dato' Stephen Ralong Ningkan)†. On 17 June the Sarawak Government Gazette Extraordinary announced: Document No. 6 No 117 THE CONSTITUTION OF THE STATE OF SARAWAK It is hereby published for general information that, with effect from 17 June 1966, the Honourable Dato' Stephen Kalong Ningkan, PNBS, PDK has ceased to be the Chief Minister of Sarawak and the following have ceased to be members of the Supreme Council:The Honourable Dato' James Wong Kim Ming, PNBS The Honourable Dato' Abang Othman bin Abang Haji Moasili.PNBS The Honourable Dato' Dunstan Endawi a nak Enchana, PNBS Teo Kui Seng, PNBS No 1118 THE CONSTITUTION OF THE STATE OF SARAWAK It is hereby published for general information that the Governor has, in exercise of the powers conferred upon him by article 6(8) of the Constitution of the State of Sarawak, appointed by Instrument under the Public Seal dated 17 June 1966. he Honourable Penghulu Tawi Sli, ABS, to be the Chief Minister of Sarawak. † The plaintiff claims: 1. A declaration of Court that the first defendant as Governor of Sarawak acted unconstitutionally by not complying with the provisions of the Constitution of the State of Sarawak when he declared on 17 June 1966, that the plaintiff has ceased to hold the office of Chief Minister of Sarawak. 2.A declaration of Court that the first defendant should not have relieved the plaintiff from the office of Chief Minister of Sarawak on the ground of representations made to him on 16 June 1966, by members of the Council Negri who preferred to boycott the session of the Council Negri on 14 June 1966, on the ground of alleged loss of confidence in the Chief Minister. 3. A declaration that his purported dismissal by the first defendant was ultra vires, null and void. 4. A declaration that the plaintiff is and has been at all material times Chief Minister of the State of Sarawak. . An injunction restraining the second defendant from acting as the Chief Minister of the State of Sarawak. Respecting this claim, the following articles of the Constitution are relevant: article 1, (1) and (2); article 5; article 6 (1), (2) and (3) article 7 (1), (2) and (3); article 10 (1) and (2) article 11; article 13; article 14(1) (a) to (d) and (2) ; article 21 (1) and (2); article 24 (3); article 41 (1) and (2); article 44 (5). I need not set out all these articles, but would draw particular attention to the following: â€Å"Governor of the State 1. 1) There shall be a Governor of the State, who shall be appointed by the Yang di-Pertuan Agong acting in his discretio n but after consultation with the Chief Minister. (2) The Governor shall be appointed for & term of four years but may at any time resign his office by writing under his hand addressed to the Yang di-Pertuan Agong, and may be removed from office by the Yang di-Pertuan Agong in pursuance of an address by the Council Negri supported by the votes of not less than two-thirds of the total number of the members â€Å"Executive authority 5.The executive authority of the State shall be vested in the Governor but executive functions may by law be conferred on other persons. † â€Å"The Supreme Council 6. (1) There shall be a Supreme Council to advise the Governor in the exercise of his functions. (2) The Supreme Council shall consist of a Chief Minister and not more than eight nor less than four other members appointed in accordance with cl (2). 3) The Governor shall appoint an Chief Minister a member of the Council Negri who in his judgment in likely to command the confidence of a m ajority of the members of the Council Negri and shall appoint the other members in accordance with the advice of the Chief Minister from among the members of the Council Negri. (6) The Supreme Council shall be collectively responsible to the council Negri. â€Å"Tenure of office of members of Supreme Council 7. (1) If the Chief Minister to command the confidence of a majority of the members of the Council Negri, then, unless at his request the Governor dissolves the Council Negri, the Chief Minister shall tender the resignation of the members of the Supreme Council. (2) A member of the Supreme Council may at any time resign his office by writing under his hand addressed to theGovernor, and a member of the Supreme Council other than the Chief Minister shall also vacate his office if his appointment thereto in revoked by the Governor acting in accordance with the advice of the Chief Minister. (3) Subject to cll (1) and (2), a member of the Supreme Council other than the Chief Ministe r shall hold office at the Governor's pleasure. † â€Å"Governor to act on advise 10. 1) In the exercise of his functions under this Constitution or any other law, or as a member of the Conference of Rulers, the Governor shall act in accordance with the advice of the Supreme Council or of a member thereof acting under the general authority of the council, except as otherwise provided by the Federal Constitution or this Constitution; but shag be entitled, at his request, to any information concerning the government of the State which in available to the Supreme Council. 2) The Governor may act in his discretion in the performance of the following functions- OPENG (a) the appointment of a Chief Minister; (b) the withholding of consent to a request for the dissolution of the Council Negri. † â€Å"Procedure of Council Negri 24. (1).. (2).. (3) Subject to cll (5) and (6) and to cl (2) of article 41, the Council Negri shall, if not unanimous, take its decision by a simple m ajority of members voting; and the Speaker or member presiding shall cast a vote whenever necessary to avoid an equality of votes but shall not vote in any other case. â€Å"Interpretation 44. (1) .. (2) .. (3) .. (4) .. (5) The Interpretation Ordinance, as in force at the commencement of this Constitution, shall apply 2 for the purpose of interpreting this Constitution and otherwise in relation thereto as it applies for the purpose of interpreting and otherwise in relation to a written law within the meaning of that Ordinance. † Section 21 of the Interpretation Ordinance (Cap. ) reads as follows:†Power to appoint includes power to dismiss 21. Whenever any written law confers upon any person or authority a power to make appointments to any office or place, the power shall be construed as including a power to dismiss or suspend any person appointed and to appoint another person temporarily in the place of any person so suspended, or in place of any sick or absent holder of such office or place:Provided that, where the power of such person or authority to make such appointment is only exercisable upon the recommendation or subject to the approval or consent of some other person or authority, such power of dismissal shall only be exercisable upon the recommendation or subject to the approval or consent of such other person or authority. † Section 2 (1) of the same Ordinance reads:Application 2. 1) Save where the contrary intention appears the provisions of this Ordinance shall apply to this Ordinance and to any written law now or hereafter in force made by competent authority in Sarawak and to any instrument made or issued thereunder. † The following definition from the Interpretation Ordinance was not cited by Counsel on either side: Governor in his discretion and ‘Governor acting in his discretion' mean that, in respect of the power concerned, the Governor shall not be obliged to consult with the Supreme Council in the exercise th ereof. The main arguments for the plaintiff are that (a) the Governor has no power of dismissal, and (b) if he has a power or a discretion it must not be exercised arbitrarily or capriciously. The defence contends that there Is no question of the Governor's power being merely discretionary; in certain circumstances – particularly where there are infractions of the Constitution for which no sanction or remedy is provided – the Governor has not only a power but a duty to act. The defence further contends that lack of confidence describes a state of mind. Article 7(1). Whether a Chief Minister has or has not ceased to command the confidence of a majority is a matter for the Governor's personal assessment. Moreover, â€Å"the rules for the construction of statutes are like those which apply to the construction of other documents, especially as regards one crucial rule, viz that, if it is possible, the words of a statute must be construed so as to give a sensible meaning t o them. The words ought to be construed ut res magis valeat quam pereat. † MPHASIS v. Stovin [1889], 22 QBD 513 at p. 17). â€Å"If the Chief Minister ceases to command the confidence of a majority of the members of the Council Negri, then, unless at his request the Governor dissolves the Council Negri, the Chief Minister shall tender the resignation of the members of the Supreme Council. † (Article 7 (1) ). The first question which arises is how the lack of confidence is to be expressed: can such lack of confidence be assessed only by a vote on the floor of the House (if I may use this word in its general application) ?The Federal Supreme Court of Nigeria was of opinion that the constitutional method (in Nigeria) of measuring lack of confidence required a decision or resolution on the floor of the House. (Adegbenro v. Akintola [1963] 3 WLR 63 distinguished). The Privy Council took an opposite view and held that there was no limitation as to the material by which lack o f confidence should be assessed. Does the same rule of construction apply in Sarawak as in Nigeria? I will not apologise for quoting at length from the case of Adegbenro v.Akintola, and I would draw attention at the start to the following passage (at p. 72): â€Å"†¦ there are many good arguments to discourage a Governor from exercising his power of removal except upon indisputable evidence of actual voting in the House †¦. † If one starts, as I think one should start, with the rule that a vote on the floor of the House is the normal test of lack of confidence, then one is in a better position to consider the exceptions to the rule. Now I cite from Adegbenro v. Akintola: By s. 33 of the Constitution of Western Nigeria: ‘(10) †¦. he Ministers of the Government of the Region shall hold office during the Governor's pleasure: Provided that – (a) the Governor shall not remove the Premier from office unless it appears to him that the Premier no longer co mmands the support of a majority of the members of the House of Assembly; †¦. ‘ The Governor of the Western Region of Nigeria, following upon the receipt of a letter signed by 66 members of the House of Assembly – which was composed of 124 members – stating that they no longer supported the Premier, the present respondent, removed him from office and appointed the appellant in his place.There had been no vote adverse to the respondent in the House prior to his removal. Thereafter, in proceedings instituted by the respondent challenging the Governor's right to remove him. the following issues were referred by the High Court of the Western Region to the Federal Supreme Court of Nigeria Pursuant to s. 108 of the Constitution of the Federation: ‘(1) Can the Governor validly exercise power to remove the Premier from office under s. 3, subs (10), of the Constitution of Western Nigeria without prior decision or resolution on the floor of the House of Assembly showing that the Premier no longer commands the support of a majority of the House? (2) Can the Governor validly exercise power to remove the Premier from office under s. 33(10) †¦. on the basis of any materials or information extraneous to the proceedings of the House of Assembly? ‘ The Federal Supreme Court answered the first question in the negative, thus holding that the respondent had not been validly removed from office, and found it unnecessary to answer the second question.On appeal by the appellant †¦. Held (1)†¦. (2) There was nothing either the scheme or provision of the Constitution of Western Nigeria which legally precluded the Governor from forming his opinion on the basis of anything but votes formally given on the door of the House. By the use of the words ‘it appears to him' in s. 33(10) the Judgment as to the support enjoyed by a Premier was left to the Governor's own assessment and there was no limitation as to the material on which he might resort for the purpose. Accordingly, both the questions referred to the Federal Supreme Court should be answered in the affirmative.Decision of the Federal Supreme Court of Nigeria reversed. † The judgment of their Lordships was delivered by Viscount Radcliffe: †¦. The question to which an answer has to be found is of obvious importance, but it lies, nevertheless, within a very small compass. Its decision turns upon the meaning to be attached to the wording of s. 33(10) of the Constitution of Western Nigeria, read, an it should be, in the context of any other provisions of the Constitution that may legitimately influence its meaning. It in clear, to begin with, that the Governor is invested with some power to dismiss the Premier.Logically, that power is a consequence of the enactment that Ministers shall hold office during the Governor's pleasure, for, subject to the saving conditions of provisos (a) and (b) that follow, the Governor has only to withdraw his pleasur e for a Minister's tenure of office to be brought to an end. Where the Premier's office in concerned it in so (a) that limits the Governors power to withdraw his pleasure constitutionally, for by that proviso he is precluded from removing the Premier from office ‘unless it appears to him that the Premier no longer commands the support of a majority of the members of the House of Assembly. By these words therefore, the power of removal is at once recognised and conditioned: and, since the condition of constitutional action has been reduced to the formula of these words for the purpose of the written Constitution, it is their construction and nothing else that must determine the issue. What, then, is the meaning of the words â€Å"the Premier no longer commands the support of a majority of the member†? It has been said, and said truly, that the phrase is derived from the constitutional understandings that support the unwritten, or rather partly unwritten, Constitution of the United Kingdom.It recognises the basic assumption of that Constitution, as it has been developed, that, so long † the elected House of Representatives is in being, a majority of its members who are prepared to act to together with some cohesion is entitled to determine the effective leadership of the Government of the day. It recognises also one other principle that has come to be accepted in the United Kingdom: that, subject to questions as to the right of dissolution and appeal to the electorate, a Prime Minister ought not to remain office as such once it has been established that he has ceased to command the support of a majority of the House.But, when that is said, the practical application of these principles to a given situation if it arose in the United Kingdom, would depend less upon any simple statement of principle than upon the actual facts of that situation and the good sense and political sensitivity of the main actors called upon to take part. It is said, too , that the ‘support' that in to be considered is nothing else than support in the proceedings of the House itself, and with this proposition also their Lordships are in agreement. They do not think, however, that it is in itself a very pregnant observation.No doubt, everything comes back in the end to the question what action the members of a party or a group or a combination are resolved to take in proceedings on the floor of the House; but in democratic politics speeches or writings outside the House, party meeting, speeches or activities inside the House short of actual voting are all capable of contributing evidence to indicate what action this or that member has decided to take when and if he is called upon to vote in the House, and it appears to their Lordships somewhat unreal to try to draw a firm dividing line between votes and other demonstrations where the issue of ‘support' is oncerned. This, indeed, is the crux of the question that has now been raised. The re spondent maintains, and it is implied in the decision that he has obtained from the Federal Supreme Court, that the Governor cannot constitutionally take account of anything in the matter of ‘support' except the record of votes actually given on the floor of the House.Consequently, it is said, his action in removing the first respondent from the Premiership on the strength, it appears, of the letter address to him by the 66 members of the House referred to and without waiting until there had been an adverse vote in the House itself was not within the powers conferred upon him by the Constitution. The difficulty of limiting the statutory power of the Governor in this way is that the limitation is not to be found in the words in which the makers of the Constitution have decided to record their description of his powers.By the words they have employed in their formula, ‘it appears to him', the judgment as to the support enjoyed by a Premier is left to the Governors own asse ssment and there is no limitation as to the material on which he is to base his judgment or the contacts to which he may resort for the purpose. There would have been no difficulty at all in so limiting him if it had been intended to do no. For instance, he might have been given power to act only after the passing of a resolution of the House ‘that it has no confidence in the Government of the Region', the very phrase employed in an adjoining section of the Constitution (see s. 1 (4), proviso (b) ) to delimit the Governor's power of dissolving the House even without the Premier's advice. According to any ordinary rule of construction weight must be given to the fact that the Governor's power of removal is not limited in such precise terms as would confine his judgment to the actual proceedings of the House, unless there are compulsive reasons, to be found in the context of the Constitution or to be deduced from obvious general principles, that would impose the more limited mea ning for which the respondent contends.Their Lordships have not discovered any such reasons. It is one thing to point out the dangers of a Governor arriving at any conclusion â€Å"to his Premier†s support in the House except upon the incontrovertible evidence of votes recorded there on some crucial issue. There are indeed such danger Expressions of opinion, attitude or intention upon such a delicate matter may well prove to be delusive. He may Judge the situation wrongly and so find himself to have taken a critical step in a direction which is proved to be contrary to the wishes of the majority of the House or of the electorate.Again, if he is not to rely an his Premier for advice as to the balance of support in the House, he is likely to And that he is in effect consulting indirectly the views of opposition leaders who may turn out in the event to be no more than an opposition: or he will find himself backing the political judgments conveyed to him by his own private advise rs against the political judgment of the Premier himself All these are real dangers which any Governor proposing to act under his power of removal would need to bear in mind, since, if he ignores them, he would run the risk of placing the constitutional sovereign power, whose representative he in, in conflict with the will of the elected House of Representatives whose majority is for the time being expressed in the person of the Premier.Anyone familiar with the constitutional history and development of the United Kingdom would naturally dwell upon these aspects of the Sovereign's position, if he was invited to advise a Governor as to the circumstances and occasions upon which he could wisely exercise his power of removal. But, while there may be formidable arguments in favour of the Governor confining his conclusion on such a point to the recorded voting in the House, if the impartiality of the constitutional sovereign in not to be in danger of compromise, the arguments are consider ations of policy and propriety which it in for him to weigh on each particular occasion: they are not legal restrictions which a Court of law, interpreting the relevant provisions of the Constitution, can import into the written document and make it his legal duty to observe.To sum up, there are many food arguments to discourage a Governor from exercising his power of removal except upon indisputable evidence of actual voting in the House, but it is nonetheless impossible to say that situations cannot arise in which these arguments are outweighed by considerations which afford-to the Governor the evidence he is to look for, even without the testimony of recorded votes. Another argument has been advanced to the effect that the Nigerian Constitutions are modelled on the current constitutional doctrines of the United Kingdom, and, since the British Sovereign would not be regarded as acting with constitutional propriety in dismissing a Prime Minister from office without the foundation o f an adverse vote on a major issue in the House of Commons, so the Governor in Western Nigeria must similarly be treated as precluded from exercising his power of removal in the absence of a vote of the awe kind.This approach to the matter appears to their Lordships to have had some influence upon the view taken by the majority of the Federal Supreme Court in this case, and, since it seems capable of conveying an implication that could be misleading in other situations apart from the present one, their Lordships wish to make two observations upon it. The first is that British constitutional history does not offer any but a general negative guide as to the circumstances in which a Sovereign can dismiss a Prime Minister. Since the principles which are accepted today began to take shape with the passing of the Reform Bill of 1832 no British Sovereign has in fact dismissed or removed a Prime Minister, even allowing for the ambiguous exchanges which took place between William IV and Lord Melbourne in 1834.Discussion of constitutional doctrine bearing upon a Prime Minister's loss of support in the House of Commons concentrates therefore upon a Prime Minister's duty to ask for liberty to resign or for a dissolution, rather than upon the Sovereign's right of removal, an exercise of which is not treated as being within the scope of practical politics. In this state of affairs it is vain to look to British precedent for guidance upon the circumstances in which or the evidential material upon which a Prime Minister can be dismissed, where dismissal is an actual possibility: and the right or removal which is explicitly recognised in the Nigerian Constitutions must be interpreted according to the wording of its own limitations and not to limitations which that wording does not import. . †¦ t is in the end the wording of the Constitution itself that is to be interpreted and applied, and this wording can never be overridden by the extraneous principles of other Constitu tions which are not explicitly incorporated in the formulae that have been chosen as the frame of this Constitution. † In my view the Privy Council's judgment relating to the Constitution of Nigeria does not apply to the Constitution of Sarawak because of the following distinguishing features and circumstances: (1) In the Nigerian case it was mathematically beyond question that more than half the House no longer supported the Premier. (2) The measurement in Nigeria was a measurement of â€Å"support†, not of â€Å"confidence†. The Sarawak Constitution is dated subsequent to the decision of Adegbenro v.Akintola, and it does seem to me that the â€Å"confidence† of a majority of members, being a term of art, may imply reference to a vote such as a vote of confidence or a vote on a major issue. (3) In Nigeria it was not disputed that the Governor had express power to remove the Premier from office if he no longer commanded support. (4) In Nigeria the Governor had express power to assess the situation â€Å"as it appeared to him†. (5) In Nigeria all Ministers, including the Premier, held office â€Å"during the Governor's pleasure†; although there was an important proviso to this. All the above five points were peculiar to Nigeria, and not one of them applies to Sarawak. These distinguishing features force me in the present case to a conclusion converse to the Privy Council decision.It seems to me that by the provisions of the Sarawak Constitution, lack of confidence may be demonstrated only by a vote in Council Negri. Men who put their names to a â€Å"Top Secret† letter may well hesitate to vote publicly in support of their private views. The third of the five points listed above obviously requires further consideration. Has the Governor in Sarawak power at all to dismiss the Chief Minister? In considering this question, we may start with s. 21 of the Interpretation Ordinance, the general effect of which is that wh ere there is power to appoint (and it is not disputed that the Governor has power to appoint a Chief Minister) there is power to dismiss.However, where the appointment is â€Å"subject to the approval †¦. of some other person the power of dismissal shall only be exercisable†¦. subject to the approval†¦. of such other person. † If the appointment of a Chief Minister is subject to the approval of Council Negri, then by this s. 21 dismissal also would be subject to its approval. Further, in principle, Council Negri should manage its own affairs. A Governor is limited by article 6(3) of the Constitution to appointing as Chief Minister a member of Council Negri who in his judgment is likely to command its confidence (and approval) : thereafter it follows, by s. 21 of the Interpretation Ordinance, that only hen Council Negri has shown lack of confidence (and lack of approval), can the Governor's power to dismiss, if it exists, be exercised. Of course, if the Sarawak Constitution lays down that a Chief Minister may not be dismissed at all, then the defendants have no case and the Interpretation Ordinance cannot apply. The Sarawak Constitution does in fact direct in article 7(3) that all Ministers other than the Chief Minister hold office at the Governor's pleasure. According to Mr. Le Quesne this means that Ministers other than the Chief Minister may be dismissed â€Å"at the Governor's pleasure†, whereas the Chief Minister may only be dismissed for cause.If the cause for dismissal is limited to the case of an adverse vote, then this interpretation does not help defendants. In my view, however, the suggested interpretation is altogether false. Article 7(3) clearly means that the Governor may dismiss Ministers but may not dismiss the Chief Minister in any circumstances. A lot has been said about the duty and powers and discretion of the Governor. His paramount duty is to â€Å"act in accordance with the advice of the Supreme Council or of a member thereof acting under the general authority of the Council†. (Article 10(1). There are two occasions when the Governor has a discretion, that is, when he can act without, or even contrary to, the advice of the Supreme Council.Those occasions are in the performance of the following functions (a) the appointment of a Chief Minister; (b) the withholding of consent to a request for the dissolution of the Council Negri. (Article 10 (2) ). As regards (a), nobody could be so foolish as to suggest that a Governor could appoint a second Chief Minister while there was still one in office. As regards (b), this probably has in mind a situation of splinter parties, as has been the case in France, when a general election could not be expected to show an overall majority for any one party. In Sarawak, it seems to me that a Chief Minister may advise a dissolution, even though he has not as yet lost the confidence of Council Negri. In such circumstances, the Governor's refusal to diss olve might be conventionally unconstitutional, although not illegal.To revert to the comparison of the Constitutions of Sarawak and of Nigeria, these Constitutions are so different that a contrast in powers must be intended: in Sarawak the Chief Minister's dismissal is quite simply beyond the powers of the Governor. If the Constitution, however, should be construed as giving to the Governor a power to dismiss, that power can only be exercised – and I think that this was conceded by Mr. Le Quesne – when both (a) the Chief Minister has lost the confidence of the House, and (b) the Chief Minister has refused to resign and failed to advise a dissolution. I have already dealt with (a) ; as regards (b), I do not think that the Chief Minister of Sarawak was ever given a reasonable opportunity to tender his resignation or to request a dissolution.He was never even shown the letter on which the dismissal was based until Court proceedings started, although it is true that at the moment of dismissal a list of signatories was sent to him with the letter from the Governor dated 17 June that list and that letter were typed on the same date as the publication in the Gazette of the dismissal of the plaintiff, who was given no time at all to consider the weight or effect of the move against him. Plaintiff did not refuse to resign: he merely expressed doubts whether in fact he had ceased to command a majority and requested â€Å"that the matter be put to the constitutional test†. A word may be said on what is the position if a Chief Minister has in fact ceased to command the confidence of a majority, and yet refuses to resign. In this situation at least, Mr.Le Quesne claims that the Governor must have a right of dismissal; otherwise the Constitution would be unworkable. Mr. Le Quesne's argument in effect is: if there is a gap, it must be filled: if there is no express power to enforce the resignation of a Chief Minister, that power must by implication lie w ith the Governor. I do not agree that stopgaps can be, as it were, improvised. In article 1 of the Constitution, a gap would appear to exist whenever the necessary address to remove the Governor is made to the Yang di-Pertuan Agong, and the latter'y refuses to dismiss him. Just because a Chief Minister or a Governor does not go when he ought to go is not sufficient reason for implying in the Constitution an enforcing power vested in some individual.R is, however, reasonable that in certain situations the Courts could expound the Constitution by declaratory judgments. Articles or clauses to cover all situations need not be set out in a Constitution because the residue of discretionary power is left in the Courts. Extraordinary situations do not often arise, and need not be met or considered until they do. Dicey has a whole chapter on â€Å"The Sanction by which the Conventions of the Constitution are enforced†. (Chapter XV: The law of the Constitution: AV Dicey (10th Edn. ) pp 444 to 457. ) †¦. the nation expects that a Minister who cannot retain the confidence of the House of Commons, shall give up his place, and no Premier even dreams of disappointing these expectations. † (at p. 44) But the sanction which constrains the boldest political adventurer to obey the fundamental principles of the constitution and the conventions in which these principles are expressed, is the fact that the breach of principles and of these conventions will almost immediately bring the offender into conflict with the Courts and the law of the land. † (at p. 445) . .. the one essential principle of the constitution is obedience by all persons to the deliberately expressed will of the House of Commons in the first instance, and ultimately to the will of the nation as expressed through Parliament. † (at p. 456) Of course, therefore, a Minister or a Ministry must resign if the House passes a vote of want of confidence. † (at p. 457) Dicey is speaking of the British Constitution, but the same principles apply mutatis mutandis to the Constitution of Sarawak. The constitutional way out both for a British Prime Minister and for a Sarawak Chief Minister is not by dismissal but by resignation.We need not speculate on what would happen if occasion arose for a resignation, and a Chief Minister refused to resign. ‘In the instant case, the Chief Minister has not refused to resign, and there is no power to dismiss him. He has already indicated through his Counsel that he was prepared to consider a dissolution and presently an election. That political solution may well be the only way to avoid a multiplicity of legal complications. Possibly all parties, and the people of this nation, in whom sovereignty is supposed to lie, will wish the same solution. In some political situations a judicial duty to rule upon the legal merits of the case may have to be accepted as an inescapable obligation †¦.In an atmosphere highly charged with p olitical tension the task of the Judges may be acutely embarrassing, especially if they are called upon to decide between two claimants to legitimate political power, of whom one commands the effective means of imposing his will and the other is able to marshal equally or more persuasive legal arguments. † (â€Å"The New Commonwealth and its Constitutions†: SA de Smith, p. 87) Embarrassing as it may be, my task is simply to interpret the written word of the Constitution. On such interpretation the case presented in the statement of claim is unchallengeable. There will be judgment for the plaintiff as prayed. Judgment for the plaintiff.