Judicial Control of Administrative Action in India and Writs

1 Judicial Control of Administrative Action in India and Writs One of the important field of the study of the administrative law is the „? Judicial Control of Administrative Action in India. Today the power of the administrative authorities become very strong and thus it resulted different complications and repercussions in the socio-economic field in India. Therefore, considering the day to day increasing power of the administrative bodies judicial control is become an important area of the administrative law as because the judicial department i. . Courts have proved to be the more effective and beneficiary branch than any other Parliamentary or Legislative or Administrative action for the purpose of the controlling the administrative action in India. In this regard Prof. Jain & Jain rightly quoted that, â€Å"the real kernel of democracy lies in the courts enjoying the ultimate authority to restrain all exercise of absolute and arbitrary power.Without some kind of judicial p ower to control the administrative authorities, there is a danger that they may commit excess and degenerate into arbitrary authorities, and such a development would be inimical to a democratic Constitution and the concept of rule of law† . Administrative law also provides for control over administrative action by an outside agency strong enough to prevent injustice to the individual while leaving the administrative agencies adequate freedom to enable them to carry on effective administration. Administrative Action† is a very comprehensive term in which all the actions of administration are included. Administration is the meeting point of three types of government functions. The executive performs the residue of all these functions which are not vested in the two other branches of government i. e. the legislature and the judiciary. 1 Administration exercises a variety of powers. Administrative action may therefore, be legislative or judicial or neither, i. e. it could be discretionary non-judicial order or merely a ministerial act.All these functions are exercised by the administration. Administrative process in this way cuts across the traditional classification of governmental powers and combines into one, all the powers which were traditionally exercised by three different organs of state i. e. the legislature, the judiciary and the Executive. Power of Judicial control of the Administrative action may be divided under two heads in India :- (I) Judicial Control of Administrative actions by Writs: Administrative actions may be controlled by the Courts by issuing different writs under different circumstances in India.Courts through issuing different writs playing a vital role in the judicial control of administrative actions in India. Article 32(2) provides that the Supreme Court shall have power to issue directions or orders or including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appr opriate for the enforcement of any of the fundamental rights 2 and for the control of the administrative action in India. This right is available only against State as defined under Article 12 of the Constitution of India.This Article provide only Original jurisdiction to the Supreme Court not the Appellate jurisdiction. Thus a person can go straight to the Supreme Court for the protection of his Fundamental rights; this jurisdiction of Supreme Court under Article 32 of the Constitution is considered as a part of the basic structure of the Constitution. Article 226 empowers the High Court to issue writs for the enforcement of the Fundamental Rights as well as for any other oppose. Article 226 provides that notwithstanding 1. Jayantilal Amrat Lal Vs F. N. Rana, A. I. R. 1964 S. C. 648, 55. . Bandhua Mukti Morcha V. Union of India, A. I. R. 1976 S. C. 803. 2 anything in Article 32, every High Court shall have power throughout the territories in relation to which it exercises jurisdict ion, to issue to any person or authority including in appropriate cases any Government within those territories, directions, orders or which including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them for the endorsement of any of the Fundamental Rights guaranteed by part III of the Constitution and for any other purpose.Both Article 32 and Article 226 provide five kinds of writs through which administrative action may be judicially controlled along with other actions. Article 226 under clause (4) made it quite clear that though both the Articles provides right of writs under the same heads, i. e. habeas corpus, mandamus, prohibition, quo warranto and certiorari, but the power conferred on a High Court by Article 226 shall not be in derogation of the power conferred on the Supreme Court by Clause (2) of Article 32.Judicial Control over administrative action is exercised through the Constitutional extraordinary remedies and statu tory ordinary remedies as well. Provisions for extraordinary remedies have been made under Article 32 and 226 of the Constitution. For controlling administrative action Supreme Court and High Court can issue the writs of habeas corpus, mandamus, prohibition, quo warranto and certiorari. A short discussion is given hereunder:Habeas Corpus: Habeas Corpus means bring the body.The writ of habeas Corpus is issued as an order calling upon the person who has detain another person to produce the detune before the Court to examine the legality of his detention. If the detune is produced before the Court and the Court finds the detention is illegal then it will order for the immediate release of the person detained illegally. The main objective of this writ is not to punish the person who has detained another person illegally but to secure immediate release of the person detained illegally whether in prison or private custody.Mandamus: The writ of mandamus is, in form, a control or command is sued by the Superior Court (the Supreme Court and High Court) to the Government, inferior court, tribunal, corporation, authority or any other person having public duty to perform asking such the Government, inferior court, tribunal, corporation, authority or any other person to perform the public duty or to refrain from doing illegal act.Thus mandamus is defined as a command issued to direct any person, corporation, inferior court or government requiring them or him to do any particular thing which he or they should do as a duty of his or their office and is in the nature of public duty or to prevent them from doing any illegal act. The purpose of this writ is to compel the performance of public duties prescribed by the statute and to keep a control over the subordinate court, Tribunal, corporation and other officers or administration exercising public duty.Certiorari: The writ of certiorari is the writ, which is issued by the Superior Court (i. e. Supreme Court or the High Court) to the inferior court or Tribunal or body exercising judicial or quasijudicial functions to remove the proceedings from such Court, Tribunal or body for examining the legality of the proceedings. If any order passed by the lower court or Tribunal or body exercising judicial or quasi-judicial functions is found to be illegal by the Superior court then the Superior court may quash or demolish it.It also controls the judicial or quasi-judicial functions of the inferior court or Tribunal or body exercising judicial or quasi-judicial functions exceeding it jurisdiction. 3 The prime aim of the writ of certiorari is to keep judicial control over the inferior courts or Tribunal or bodies functioning judicially or quasi-judicially within the limit of the jurisdiction allocated to them by the law and to prevent them from acting in excess of their jurisdiction.Prohibition : The writ of Prohibition is issued by a superior court to an inferior court or tribunal or body exercising judicial or qua si-judicial functions for preventing such inferior court or tribunal or body exercising judicial or quasi-judicial functions from uprising jurisdiction which is legally not vested to them or from acting in violation of the principles of natural justice or from acting under the unconstitutional law.The object of the prohibition is to restrain the inferior courts or tribunals or bodies exercising judicial or quasi-judicial functions from exceeding their jurisdiction. To control and keep them under the limit of their jurisdiction. Prohibition is an order of Superior courts directed to an inferior courts which forbids the court to continue proceedings in excess of its jurisdiction or in contravention of the law of the land.Quo Warranto: The word ‘Quo Warranto’ means „By what authority?. The writ of Quo Warranto is issued against a person who occupies or holds or usurps an independent sustentative office and asked him to show by what authority he claims it. The procedu re of this writ confers jurisdiction on the court to call upon the person holding an independent substantive public office or franchise or liberty to show by what right or authority he holds the said office or franchise or liberty.The unauthorized or illegal occupant of such office may be ousted by the judicial order and the person entitled to the office may be allowed to hold or occupy it. The object of this writ is to protect or control the right of the citizen through Courts from being deprived of public office to which he may have a right. By this writ the court protects the public from usurpers of the public office and control the administrative action in making appointment of the public office.Through this writ the court protects a citizen from being deprived of a public office to which he is legally entitled to hold. (II) Judicial Control of Administrative action by other than Writs: Some important aspects other than Writs also provided to the Constitution of India for the ju dicial control the administrative action in India. (i) Special Leave to appeal: The power of judicial review conferred on the Supreme Court under Article 136 is special or extraordinary in nature. This power is in the nature of a residuary reserve power of judicial review.Article 136 lays down that the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any Court or Tribunal, except any Court or Tribunal constituted by or under any law relating to the Armed Forces. Since the Supreme Court has been invested with a plenary jurisdiction to hear appeals against the decisions of Administrative Tribunals and other adjudicating agencies, it is now regarded as an important mode of judicial review of administrative adjudications.But this jurisdiction is special and exercisable outside the purview of ordinary law. The Court entertains special leave only where the needs of justi ce demand its interference. 3 (ii) Supervisory Jurisdiction: The power of judicial review which has been conferred on all the High Courts under Article 227 is supervisory in nature. Article 227 provides that ever High Court shall have superintendence over all Courts and tribunals throughout the territories in relation to which it 3. Durga Shanker Mehta v. Raghuraj Singh, A. I. R. 1951 S. C. 20 (522). 4 exercises jurisdiction. This supervisory power is both judicial and administrative in nature. 4 The supervisory jurisdiction conferred on the High Courts under Article 227 is in addition to the power given under Article 226 to control inferior Courts or tribunals. The supervisory jurisdiction extends to keeping the subordinate tribunals within limits of that authority and ensuring that they obey the law. The power under the article can be exercised even in those cases in which no appeal or revision lie to the High Court5.Though all the above mentioned writs and non-writs power are imp ortant weapons against state (Article 32) as well as against any detune, whether a private person or State (Article 226) for the judicial control of the administrative action in India but the main instinct for the judicial control of the administrative action by writs is the writ of ‘MANDAMUS’ and ‘QUOWARRANTO’ which are equally protective against the violation of judicial as well as administrative action, and among the other than writs power is the ‘SPECIAL LEAVE TO APPEAL’ which empowers to appeal from any judicial and administrative judgment in India. ***** Department of Law, B. U. Shashi Nath Mandal LL. M ( Part – II), 4. Ram Roop v. Bishwa Nath, AIR 1958 all. 459. 5. Jagir Singh Ranbir Singh, (1979) 1 SCC 560.

Eagle Eye Movie Review Essay

In the thriller Eagle Eye, two stranger’s lives are intertwined by a mysterious, female telephone caller. Jerry Shaw (LaBeouf) returns to his apartment one day to find he has received weapons, ammonium nitrate, classified DOD documents, and forged passports. Later, Jerry receives a strange phone call that informs him that the FBI is on the way and that he needs to flee, but he refuses and is arrested. Rachel Holloman’s (Monaghan) son’s life is soon later threatened by the caller, forcing her to assist Jerry Shaw in his escape from the FBI and other mysterious deeds demanded by the caller. Unfortunately, the requests of the anonymous caller become increasingly dangerous as the FBI quickly identify Jerry and Rachel as the country’s most wanted fugitives. It becomes apparent mid-way through the movie that the female caller is using everyday technology to track and manipulate the helpless pair. Although escaping conditions are futile, Jerry and Rachel come to realize they have to work together in order to find who disrupted their lives, and prevent the diabolical objectives of the genius behind the phone calls. First and foremost, this movie is highly unrealistic. It is clearly not possible that a computer could control cranes, power lines, and traffic lights during a high-speed chase to insure that a pair of innocent civilians could escape unharmed from dozens of police vehicles. However, Eagle Eye, does more than provide wildly improbable chase scenes in its plotting. This movie shows how technology can consume us by illustrating the helplessness of Jerry and Rachel. The two could do nothing to evade the computerized, female, phone calls because not only was the anonymous woman’s presence seen everywhere, but the lives’ of Jerry and Rachel were at stake along with the lives’ of their loved ones. Turkle similarly displays that technology has the capacity to consume us when she says, â€Å"I worried whether losing oneself in worlds within the machine would distract us from facing problems in the real† (xi). This quote applies to the movie because both Jerry and Rachel are completely distracted from their personal lives while under the influence of the caller. The manipulative nature of technology on Jerry and Rachel is seen when the pair obeyed the phone call and evaded the police and robbed an armored truck. Although one could say they are submitting to the  phone caller in order to save their loved ones, they could instead do the legal thing by turning themselves into the FBI. The message that I take away from this is that technology can consume people by making it seem that giving in to to technology is the only option. Turkle suggests that humans and technology have a symbiotic relationship. This seems to be straightforward, but what I believe she thinks we should realize is not what technology does for us, but what it does to us. In Eagle Eye, once Jerry and Rachel began to refuse to respond to the woman, the effectiveness of the havoc was reduced. Turkle states, â€Å"Computers no longer wait for humans to project meaning onto them. Now, sociable robots meet our gaze, speak to us, and learn to recognize us. They ask us to take care of them; in response, we imagine that they might care for us in return† (2). I think that once Jerry and Rachel saw that they were being manipulated by technology, they realized they had to choose not to respond. It becomes apparent that technology was not really serving its purpose because it was the phone caller utilizing Jerry and Rachel, technology using the humans, an awkward irony. Simply not becoming a victim was the solution. Eagle Eye is quite the far-fetched movie to say the least. However, we can see how manipulative technology can be by looking at the accounts of Jerry and Rachel. The female caller who symbolized technological corruption showed the frightening possibilities of a not so far away technologically centered world. Turkle has similar fears and foresights and realizes that humans are subjects to the power of their devices.

The influence of the Denver National Western Stock Show on Prostitutio Essay

The influence of the Denver National Western Stock Show on Prostitution - Essay Example It is therefore expected that the people who will be visiting the city of Denver will lead to an imbalance in the market for prostitution and this is bound to create some pressures on the prices for the services. The various dimensions of the effects as well as the movements expected are discussed below in order to have a clear picture of the expected outcomes (Moffatt, Peter and Simon, 681). As has been mentioned above, the first basic effect of the National Western Stock Show is the fact that there will be some imbalances in the supply and demand of prostitution services. This is due to the fact that a lot of people are expected to come to the city to showcase their products and services while others will be visiting the city in order to experience the show. The first dimension of this influx is that there will be an increase in the demand for prostitution services and this is expected to push the prices upward as the market forces adjust themselves accordingly. It is expected that the prostitutes operating in the city will increase the prices of their services in order to benefit from increased demand for their services (Moffatt, Peter and Simon, 683). Another dimension is that the influx of people will bring in people with more disposable income and therefore they will be willing to spend their money on various forms of leisure and entertainment such as seeking the services of prostitutes. This will lead to an increase in the prices of the services since they will be willing to pay more than normal in order to access the scarce services. It is, however, important to note that this may not go on for long as the market will adjust itself almost immediately as it is expected that other prostitutes from other cities and localities will also invade the city in order to benefit from offering services to the people at the show. This means that the supply of prostitution services may actually increase and this may put a downward pressure on the prices (Dill 96).

Nursing Theories Assignment Example | Topics and Well Written Essays - 1750 words

Nursing Theories - Assignment Example This can be achieved by following and applying a theory for each time of intended care i.e. Nightingales Environment theory to care for the patients’ environment, Watson philosophy and Science of Caring to help build a bond with the patient and Parse human becoming theory to cater to the patient’s emotional and psychological needs. Nightingales Environment Theory was theorised by none other than Florence Nightingale who is an aspiration for all nurses around the world. Florence Nightingale believed that the nurse was primarily responsible in utilizing the environment and assist in speedy recovery of the patient. This particular theory primarily focuses on taking care of the patient by managing the patients’ environment either at home or within the nursing settings. The theory states that the patients’ environment needs to be altered in such a way that the conditions are optimal for his/her comfort, well being and recovery. The alterations may include ventilation, temperature, air flow, cleanliness, bedding, food, and even offering of word of hope or advice. Posotive changes in one’s environment have a positive effect on the life and well being of a person. The second theory is Watsons Philosophy and science of Caring forms the basis of philosophical and ethical responsibility of nurses. It is the ethical responsibility of the nurse to provide heartfelt care to each and every patient that the nurse comes in contact with. It helps them develop a bond with the patients under their care. The nurses need develop a strong relation by offering dignity, respect and love to their patients. The nurses need to be open to their patient and take care of them with eagerness and warmth and build a caring and protective environment around the patient and guide the patient find inner harmony. The relation maybe made stronger by sharing experiences, offering hope and talking to each other without any ego or other problems. The Parse Human

Reflection on Research Interview Schedule Paper Example | Topics and Well Written Essays - 750 words

Reflection on Interview Schedule - Research Paper Example In this step, one gives an opinion of what should have been done to obtain better results. Finally, an action plan is stated. Specifically, an action plan includes recommendations for changing the situation if it occurs This report is a reflective essay examining the process of developing and conducting an interview. An interview is a data collection mechanism often used in conducting qualitative research. The primary aim of conducting an interview is to comprehend an interviewees perception or experience (Gillard et al., 2012, p. 26-1137).The interview was carried out to collect data from students in the health promotion top-up degree. The three types of interviews are a structured interview, unstructured, and a semi-structured interview. The study used a semi-structured interview in conducting the research. Specifically, a semi-structured interview involves both planned and unplanned questions. For this reason, it is preferred to other methods as it is open and enables the researcher to gather maximum information possible during the interview. Furthermore, it does not limit a person to what they can say. Therefore, it promotes interaction and creates a room for clarification. The interviewee can ask questions that are not included in the manual or plan (Markel, 2013). The semi-structured interview includes different forms of questions covering the same topic. Notably, the questions can be framed in varying formats but still cover the research topic. I felt comfortable dealing with a semi-structured interview because it gives one the freedom to modify questions to suit different contexts (Galletta and Cross, 2013). The Gibbs reflection model was utilized to reflect on the interview. The following questions helped in gathering information about the progress The research topic seemed very particular. The target population was limited to students pursuing the health promotion top-up degree. Proper preparation and implementation were essential

Freedom in Various Aspects of Life Essay Example | Topics and Well Written Essays - 1250 words

Freedom in Various Aspects of Life - Essay Example This volume consists of over 274 authors and works that offer a variety of issues for analysis ranging from freedom to democracy to the changing times and everything in between! To begin with, the paper will define freedom. From there, it will take random features that have been strongly asserted in individual works of literature from the said volume in order to meet various objectives. The first of these will be to see the changing character of freedom and what it has meant at different time periods throughout history. This volume assists the author in doing so by presenting the works of authors and writers from various periods throughout history. Another objective will be to study the parameters within which the ways of defining and obtaining freedom have been portrayed by the various authors and their work within this volume. Further, this paper will seek to draw of the conclusion of how important freedom really is in the context of the works that have been studied from the volume . The interesting part about defining freedom is the fact that it has no definition per se. Freedom means different things to different people as well as different periods of time and history. In modern times it has meant freedom of expression and before that, for many people and their countries, freedom from oppression, colonization and various other such factors. In today's world, it depicts the freedom to choose peace and your own leader. Freedom, in a nutshell, is an expression of what a person, a nation, a society and other such entities, really want from life. The French Revolution was an upheaval that was marked by the formal birth of what we call nationalism. This has been demonstrated by the work contained on the Romantic Period within the volume. The authors here have used a variety of themes to showcase the period including the French Revolution, Women's Rights in the 18th century, the Gothic and many others. Spanning over a decade (1789 to 1799), this Revolution had a strong socio-political dimension to it as far as writing goes. This may be seen in the work titled "Democracy" by Thomas Carlyle. In this work, the embodiment of nationalism in various revolutions arose as a matter of its ability to define the elements that would support the construction of a democratic society free of feudal patterns. This was described in context of the citizens from every quarter of the French society, who wanted to break free of the double standards that were being imposed on their way of life in the form of the Church's intervention and the dictato rship of the aristocratic class. In the book, the revolution was an eye opener for the rest of world as regards rights and duties that must be equally distributed among the citizens of a nation irrespective of religion or socio-economic standing. This in itself was a new definition of nationalism and freedom, where earlier the same concept had been seen as a word that was used to describe the national character through its history and artistic work. By virtue of being a social movement, the French Revolution contributed greatly to the formation of a systematic body of knowledge known as nationalism. This is owing to the fact that a social movement is one that is punctuated with a highly idealistic environment with realistic parameters that set the stage for immediate results and the emergence of future trends that will go onto dominate the structure and functioning of that particular society for generations to come.  

Communications Plan Assignment Example | Topics and Well Written Essays - 750 words

Communications Plan - Assignment Example A two month period is enough to present the audience with enough examples on the effects of tobacco and cigarette smoking. Within this two month period, I will be able to collect enough data on the people who have had their life turned upside down as a result of tobacco use and tobacco smoking ("Health effects of," 2013). The time period of one month is enough for me to present my plan to the audience and give the audience enough time to ask questions about my presentation. The time frame of two months will be enough for the audience to obtain enough knowledge of the side effects of tobacco smoking and use and will also give them enough time to think of how to make better decisions on smoking and be cautious of who is around them whenever they are smoking. I am likely to incur high costs in the communication plan. For example, the use of media like radio stations and seminars will require me to channel large sums of money. I will make advertisements on the local radio stations to inf orm the audience about the different seminars intended to be held. Using media to make advertisements is very expensive and will require me to put in a huge sum of money. ... This means that a lot of funds will have to be channeled to research and data collection. Other costs involved the communication plan is the indirect costs and directs costs associated with research. These costs include research and development as well as research and administrative costs. The entire process of interacting with the people, carrying out research, educating people and answering the questions from the audience will involve the use of money. A period of two months is a long time for one to be involved in the communication plan. Time is a resource which is very limiting and expensive. Monitoring the effectiveness of the plan is the performance metrics/targets that will be used in judging on the success of the plan. This metric will include obtaining feedbacks on the communications which have been planned and implemented. The performance metrics will help to determine the level of efficiency and effectiveness on the communication plan. To judge on the success of this commu nication plan, I will obtain feedback from the audience to tell me on how they feel and what they found about the plan. I will also build a method that will be used in the measurement of results. These methods will include a weekly report on the communication plan and the effects of cigarette and tobacco smoking, periodic briefings to the audience, end of the month summary and a formal report (United States Environmental Protection Agency, 2011). Aim statement will also be stated prior to the commencement of the communication plan. This will be very helpful at the end of the communication plan as it will help in ascertaining whether the stated aims and goals were arrived at. I will also make use of a structured framework for

Geopolitics and the role of energy security in the global level and Thesis Proposal

Geopolitics and the role of energy security in the global level and its impacts and challenges withen middle east and gulf cooperation council - Thesis Proposal Example There has been a change in the world order since the break-up of the Soviet bloc: America now is the only superpower in the world and this gives the West the ability to dominate by a combination of military and economic strength (Nye, 2011). One result of this is that the term â€Å"global security† is increasingly defined by America and its allies, at least until China reaches its full economic potential (Calabrese, 1998). There is a danger that GCC countries, who hold the key to future energy supplies will be caught up in any eventual rivalry between these two great powers. Military strength cannot solve problems on its own – other forms of power such as soft power or smart power draw in political and economic negociations as well (Smith, 2006). American foreign policy directed towards aligning countries like Saudi Arabia with American objectives, in order to secure stable supply of oil and gas (Brown and Hawthorne, 2010). The very term â€Å"energy security† is defined as â€Å"the provision of reasonably priced, reliable and environmentally friendly energy† (Mà ¼ller-Kraenner, 2008) but this is from the perspective of western states who generally lack substantial energy deposits, and have renewable technology which does not meet all their needs. Economic objectives in GCC countries are increasingly towards diversification from oil, gas and other natural resources, in order to avoid the so-called â€Å"resource curse† of over-dependence on a few products. There are major implications for all GCC countries because membership of the WTO involves signing up to GATT agreements which â€Å"involves dramatic and profound changes in the way trade was conducted in these countries† (Michalopoulos, 1998). These changes include measures like the removal of export subsidies and the introduction of Western-style laws, institutions and methods of governance. Most

How the Media Affects Politics Essay Example for Free

How the Media Affects Politics Essay Walt Disney once said, â€Å"Movies can and do have tremendous influence in shaping young lives in the realm of entertainment towards the ideals and objectives of normal adulthood.† Disney’s argument displays that the media makes a huge impact on the decisions of young people. The media has never had such an influence on people’s perspectives and decisions as it does today. In this day and age, this new media is everywhere: on the internet, television, the radio and anything else that is electronic. In the past, the media was not as advanced; it influenced Americans’ presidential choices less than it does today. The new media makes an impact on whom to vote for. Now that most Americans get their political news through the media, they are subjects to biased information. One form of this new media is the website, College Humor. College Humor has made a grand impact on so many peoples choices, especially choices concerning politics. On College Humor there are many political videos, articles, and visuals that influence many Americans presidential and political party choices. College Humors website is always up to date with the latest news, making it an accurate source for political information. It even has a timeline to display when specific political events take place. In addition, this website is also a show featured on MTV which helps to broaden its audience. College Humor’s audience is mainly college students. College students are usually new voters, therefore they are usually new to politics. In addition, many of these students have yet to decide which political party they would like to support. College Humor’s Youtube page alone has three million subscribers and has over one billion video views. Thus, over three million people’s views on politics are being altered. College Humor displays the Democratic Party as extremely liberal and the Republican Party as extremely conservative. There is no â€Å"in the middle party† or Independent Party. This website’s use of the rhetorical device humor persuades its audience to vote for either Barack Obama or Mitt Romney because it allows you to see the views of the Democratic Party and the Republican Party in their most extreme form. On College Humor, some of the articles, pictures, and videos mock Obama and the policies that he is supporting. One video featured on College Humor is 6-Year Old Gives 10 Reasons NOT to Vote for Obama. In this video, a young child is directed to state ten reasons why Obama is not the right candidate for president. These ten points let the audience know both about Obama’s character and what he would like to accomplish if he wins this election. The video is biased because it is from a Republican’s perspective and only displays the negative aspects of Obama’s policies. The fact that a child was used to display these reasons is a way to appeal to the audience. Most people would pay more attention if a child is speaking rather than an adult. In addition, the child’s diction is sophisticated. Thus, the child is able to establish reasons not to vote for Obama accurately and gain more awareness because of his age. The comments on the video are both negative and positive. The Republicans reacted by stating that the child is â€Å"smart for going against Obama,† that â€Å"he is more sophisticated than most Democrats,† that â€Å"there is nothing wrong with indoctrination,† and that â€Å"this is the best video of the year.† However, the Democrats were offended by this video. They stated that â€Å"using a kid for this is shameful,† that they would â€Å"vote for Obama for all those reasons,† and that â€Å"making your kid say s*** he doesn’t understand is pretty f***** up.† The point that the parents are trying to make by using their son is interpreted differently by members of both parties. It persuades people who have not decided whether or not they are Democratic or Republican because it allows you to get a specific perspective on the Republican party. Many young people who agree with the video might consider becoming a Republican and many who do not agree might consider becoming a Democrat. In addition to videos, articles, and visuals that mock Obama, there are videos, articles, and visuals that mock Romney. College Humor created a video called Mitt Romney Style. Throughout this video, an actor playing Mitt Romney dances and sings about his views and characteristics as a Republican candidate for the 2012 election. This video mocks Romney’s reputation as a rich man who believes that society should be ran by an elite. It displays how Romney lives a sumptuous life. Romney is portrayed as extremely rich in the lines â€Å"I’ve got a private jet that flies  me way up in the air† and â€Å"I bought a mansion for each of my two million heirs, straight up millionaire.† In addition, Romney’s comment that forty-seven percent of Americans believe that they are â€Å"victims† and that they will vote for president Obama â€Å"no matter what† is referenced in the part when Romney laughs at the forty-seven percent sign on the waiter’s back. Both parties reacted differently to this parody. The Democrats thought the video was hysterical. They commented saying that Romney should actually sing this song because then they would â€Å"definitely vote for him.† Other Democrats made comments saying that this is the reason Obama is the better candidate. Many Republicans thought this was a harmless video that was meant for a good laugh and thats all. Other Republicans found the video to be very offensive. One Republican actually commented and said, these cheesy/immature videos and others like it have and will influence how voters (especially young ones), decide who to vote for. Another Republican stated, these dumb and false videos are why I weep for the USAs future. People watching the video are being persuaded to vote against Romney. Romney is made to look incompetent. The audience visualizes Romney as someone who loves women, is really rich, and is absurd. While the video I discussed about the six year old mocks Obama and Mitt Romney Style mocks Romney, there are also videos on College Humor that mock both Romney and Obama. A video featured on College Humor called Epic Rap Battle: Mitt Romney vs. Barack Obama ridicules Obama and Romney and changes the view of many voters. In this video, two actors imitate Obama and Romney. The two actors have a debate while rapping. By the end, the audience is asked to choose who won and the viewers comment with their opinions. The Republicans commented, Romney!!! while the Democrats commented, Obama!!! One comment said Oh s***! This changes everything. This displays that this video alone changes the views of voters. Viewers who do not know who they are voting for are receiving false information. Therefore, they might vote for a candidate they THINK suits them but might actually be the complete opposite. Along with videos and pictures, there are also surveys and quizzes on College Humor that persuade voters. On College Humor, there is a quiz called Political Party Picker. This quiz tells the person taking it which political party he or she belongs to. The  questions only give two answer choices and both choices are extremely conflicting. For example, on of the questions states If Mitt Romney is elected president, you will? The Democratic answer is Cry! Panic! Flee the country and never return! The Republican answer is Party like crazy and celebrate getting your country back. There is no answer that is placed in the middle, which means there is no Independent Party choice. In addition, at the end of the quiz you can only be a Republican or a Democrat. If the person chooses both Democratic and Republican answers, the quiz says that he or she is new to politics and chooses a political party that he or she belongs to. A person who does not know which political party he or she fit into might take this quiz in hopes for an accurate response. However, because there are very few questions with opposing answer choices and no Independent Party, the quiz is not realistic at all. A person who does not know much about politics such as a college student might take this quiz literally and think that he or she is apart of whatever party he or she received. He or she might only vote for that partys candidate. This alters the persons entire view on politics. This displays that media alone can persuade a persons perspective. Any kind of media can persuade a voters perspective. College Humor uses videos, visuals, music, articles, and even quizzes to do so. The variety of types of media College Humor uses makes its argument potent and cogent. College Humors au courant information creates a reliable appearance for the website, which allows many people to believe what it has to say. Many college students, and other young people, are naive and therefore trust websites similar to College Humor. They confide in what the media says because they presume it is genuine. The media is a powerful tool of persuasion because so many people use it as their only source of information. It can change views as well as formulate new views, especially political ones. The media has a massive impact in persuading voters and tremendous influence in shaping young lives. Bibliography: http://www.collegehumor.com/ http://www.collegehumor.com/timeline/politics/2012/september http://www.youtube.com/watch?v=wOnHrAGKwJ4 http://www.collegehumor.com/picker/6818843/political-party-picker

Cadburys Business Assignment Essay Example for Free

Cadburys Business Assignment Essay The business that I have chosen to is Cadburys I have chosen to use the product will it is a well knows product that many people know and love, I have chosen this product because it has a very wide range of target audience and Cadburys is a well known business so information will be easy to access and to gather. The nature of the business is simple it is to provide sugary treats to the public the main target audience I would say would be children I would say from the ages of 4 onwards, the customers would be every one that likes chocolate they have a wide range of products such a cream egg this would appeal more to children than adults I would say as they adverts and the angle of the marketing addresses to children’s humour and to the nature of the commercial side of the business were as the product such a a dairy milk bar would appeal to a wider range of people such as adults as its simple and has very little child like qualities. The business brings out new products quite often so this would build on the companies reputation and would also help its sales figures as new products appeal to the customers curious nature as if a new product comes out that is advertised well, will make you want to try it and see what it is like, as Cadburys have a wide range of products there is pretty much a product for every one so the target audience is vast. Because of its large product range it will have more customers and because it has been around a long time this would mean that allot of people would have known about it and there for the audience and the people that buy the product will be greater than new businesses or newer businesses such as galaxy. The business Cadburys has existed since 1842 this shows the public that the business is a reliable and trust worthy business and obviously has a good range of products. Cadburys was founded almost 200 years ago and was opened by john Cadburys on bull street in Birmingham in 1824, he started of by making drinking chocolate then expanded by making chocolate and other products. Cadburys is a plc so it is a private limited company so this means it has public shares so the public would be involved in the business. The business is not based anywhere anymore but has business every were and this would make it a world wide company. The main competitors would be businesses such as galaxy and nesquik and other chocolate and sweat manufactures. My companies corporate aims would be to be able to make a healthy profit and be able to keep the business running at a high standard. The objectives of the business would be to be making lots of good quality chocolate and to be always be improving the quality of the chocolate and the recipes, other objectives would be to make their business fully fair trade as this would help the reputation of the business. Another objective would be to expand the business to have lots of stores world wide to increase the popularity of the business, doing this the business would need to make sure that they will be able to survive the market and make it an on going business. To create chocolate that appeals to all ages of the audience they do this by making sure that all of their ingredients are all at a high quality standard this includes fair trade products this would make their products more appealable to their target audience. Due to the nature of the business i think that they should cover some of the gaps such as creating more new products and possibly placing more Cadburys shop around the less populated areas around the country. I also feel as if Cadburys aims and objective are to do with the cream egg are easy and do able and make them accessible to smaller areas and smaller businesses such as corner shops. I have chosen Cadburys Cream Egg for my product that I am researching throughout my assignments, I have chosen this product as it is a noticed and a very well known brand and this product has been out for a while so there would be information to follow up on and to research about, this will be helpful with completing my assignments that I have been given, I have managed to find out allot about this business and this product so I am pleased with my decision. I am going to be finding out about the general aims and objectives for my chosen product that the business has set, I will also be discovering the SMART rule and I will be providing the basis for my marketing plan. I will be introducing this by using sections of the brief to make my plan, also researching the business. Cadburys used to be a family business and was running smoothly until the company went bankrupt in march 2010, since this Cadbury was acquired by Kraft Foods in March 2010. Kraft foods is an American based company that specializes in food such as chocolate and beverages. Kraft foods is a exceedingly good business earning around 1 billion dollars each year, and sells to over 170 different countries. Kraft foods is a public limited company. An aim is where the business wants to go in the future, its goals. It is a statement of purpose, e.g. we want to grow the business. A business aim is the goal a business wants to achieve. A primary aim for all business organizations is to add value and in the private sector this involves making a profit. More strategic aims include expansion, market leadership and brand building. A business o Objectives within an organization are established at a number of levels from top level corporate objectives, down to team objectives and individual objectives that create a framework for operational activities. These are often translated into targets which help to motivate staff in reaching short-term goals. Objectives therefore provide a clear structure for all of the various activities that an organization carries out. By measuring how well an objective has or has not been achieved, managers can make necessary changes to their activities to ensure progress and achievement of the stated objectives are made within the timescale allocated objective is a detailed picture of a step you plan to take in order to achieve a stated aim. A way to create this would to use the SMART rule.. Specific clear and easy to understand. Measurable i.e. able to be quantified. Achievable possible to be attained. Realistic not pie in the sky. Time bound associated with a specific time period For example. The aims of Cadburys are 1. Improving farmer incomes by helping farms to increase their yields and produce top quality beans. 2. Introducing new sources of rural income through microfinance and business support to kick start new rural businesses and introduce additional income streams such as growing other crops. Developing communities by helping them meet their own goals and improve rural life. For example, by supporting health through building wells for clean, safe water; education, through schools and libraries; and the environment through bio-diversity projects. 4. Working in partnership a pioneering model led from the grass roots. Farmers, governments, NGOs and international agencies work together to decide how the funding is spent and work with local organizations to turn plans into action. Cadbury is an international company that make, market and sell exclusive brands chocolate. Cadbury have achieved this effectively for over 200 years. The reason they are so successful is because they have a apparent and a clear understanding of the requirements and needs of their consumers, customers and other stakeholders. SMART stands for .. †¢Specific †¢Measurable †¢Achievable †¢Realistic †¢Timed Smart means objectives- they break up the aim into small do able task’s to make the job easier and achievable. Specific – Objectives should specify what they want to achieve, For example a soft drinks company may want to achieve 3% market share in 12 months. Measurable – You should be able to measure whether you are meeting the objectives or not to continue to run your business in a organised and professional manor, for example a market share over 12 months means that each month market share targets can be measured against a specific goal. Achievable Are the objectives you set, achievable to be able to carry on your business plan, an example for this would be over a period of time such as one year 12 months you need to be able to know does the company have the resources, man power and finances to achieve the goal. Realistic Can you realistically achieve the objectives with the resources you have such as space finance and staff and equipment, and does the company need more time than 1 mouths to get to the standard that the owner want. Time- this would mean when you want to set a time for the objectives and aims that you have set yourself and the marketing there need to be a date and able to make it specific and achievable, such as some business set a 12 month business plan to achieve these goals. Marketing objectives should be based on understanding your strengths and weaknesses, and the business environment you operate in. They should also be linked to your overall business strategy for example if the business id doing well and the sales increase by 15% in the last year then you should set a business plan that will help boost encourage the market sales further for example leading out a new product or different advertising to appeal more the customers. This should follow the SMART rules. For Cadburys cream egg i would need to use SMART to make my business plan specific, measurable, achievable, realistic and timed, for example mine would be to boost market sales by 20% in 6 months by April 1st, i will do this by creating a new angle for the cream egg and make the advertising the product in a new way and maybe reshaping the product, for example such as Kellogg’s Special K they reinvented this product by advertising it so it would be a new slimming product it was targeted at women middle aged women as these area of people are the most likely to buy the product, this was effective and is now a top seller cereal. This is Realistic as i will have the eight resources and the finances to do this goal, this objective will be finished in 6 months time on the 1st of April 2012.