Slow English

July 5, 2009

Supreme Court Of India With Reference To The Doctrine Of Separation Of Powers

Filed under: Legal — Tags: — admin @ 8:21 pm

It has been held by the Indian Supreme Court that the Constitution of India adopts the doctrine of Separation of Powers as known to Western Constitutionalism. It is well known that the VII Schedule of the Constitution deals legislative powers as distributed between the Union and State Governments. It is clear that Entry 22 in Concurrent List deals with labour relations [13]. When the Constitution had conferred the specific power to deal with labour relation to specific organs, can the Supreme Court act as a metal-constitutional organ and usurp the powers given to the other organs? Pronouncing an opinion on the right of employees to strike is an act of legislation and the act of the Supreme Court in pronouncing its view is a judicial legislation, which should be frowned by the competent legislative forums. It is unnecessary to add to the informed readers that the finding of Supreme Court in the present case that the workers do not have any moral or equitable right to strike is just trivial and do not deserve any discussions.

Even the international instruments emphasise that denial of such rights would amount to violation of basic labourers rights. Article 8(1)(d) International covenant on Economic, Social and Cultural Rights [14] states that the State Parties to the present covenant undertake to ensure the right to strike, provided that it is exercised in conformity with the laws of the particular country. Sub Sec.(2) of Article 8 further states that this article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of armed forces or of police or of the administration of the State [15]. It is pertinent to note that Sub Section (3) of Article 8 does not authorise legislative measures to curtail the rights of workers [16]. But we are facing a situation wherein judiciary, essentially a body to adjudicate, has pronounced measures to curtail the rights of workers. The power to deal with the international relations had been conferred to Union Government under entries 12, 13 and 14 of union list in Schedule VII of the Constitution. Then how can a domestic judicial organ jeopardise the finely held obligations be made valid. That means it has given a go-bye by the Supreme Court in pronouncing such a ruling. From this it is very clear that the Supreme Court acted in an area in which it does not have any jurisdiction at all and in the light of earlier observation on the judgement, it is unnecessary to have any discussions on such ruling and that ruling does not have any force of law.

There are other conventions that emphasises the workers right for collective bargaining, which includes right to strike. The Committee on freedom of Association, which examined the workers right to strike under the provisions of ILO, had given a finding that the strikes are recognised as legitimate weapons in furtherance of member?s interest [17]. The Committee further states that any general provision would recognise the right of state employees to go for a strike with restrictions, though such restrictions shall not prohibit the right to strike. Going a step further, the Committee also recommended that the workers organisation should not be prevented from striking against the social and economical policy of the Government [18]. Even a legislation that replaces the employees who are under strike with new recruits would seriously affect the rights of trade unions. Concluding the above recommendation, the Committee said that the right is not absolute and may be restricted in exceptional circumstances or even prohibited for certain categories of workers, in particular, certain public servants ?on the condition that compensatory guarantees are provided to such public employees [19].

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Nine Insights Into Learning Chinese

Filed under: Uncategorized — Tags: — admin @ 5:08 am

As the renowned Chinese saying goes, ?a journey of a million miles begins with a single step.?Well, it certainly does not require a ?thousand miles? to learn Chinese, but the time is now ripe for more English speakers to take that very first step.
It is a fool-proof truth that learning a foreign Chinese language calls for commitment of time and effort. This is justified even more, especially when there’s a huge difference lying between one’s native tongue and the second language. However, knowing some ABCs about the tips and techniques of learning a new language can make all the difference concerning how far you can go in learning Chinese.
Based on personal Chinese learning and teaching experiences and others, here are several Insights and techniques on mastering the Chinese translation. By adopting one, or combining several of these tips and techniques, you can maximize the learning efficiency , minimize the time spent, and at the same time, learn with joy.
Tip No.1: bear in mind that Chinese, while challenging, can be easy to learn
A majority of people take for granted that Chinese is the most difficult language in the world. To some extent, this is true. However, what most non-Chinese speakers fail to realize is that Chinese enjoys one of the easiest grammars in the world. Moreover, Chinese sentence structure, to a large degree, corresponds to that of English (subject + verb + object). After all, Chinese is not a lion in the way.
Tip No.2: Don’t be afraid to make mistakes.
Being self-conscious and ashamed can be a obstacle in studying the Chinese character. Remember, even when you are making embarrassing mistakes, most people are ready to help you rather than laugh at you. Generally speaking, when you are making mistakes, you are making progress .
Tip No.3: Practice, practice, and practice!
Don’t be disheartened by the difficulties at first attempt. Keep practicing, and you will be astonished by your own improvement! Practice is a powerful remedy of all your shortcoming. If you are not in a Chinese-speaking country, the good news is that those 3+ million Chinese Americans are your neighbours. Go to Chinese restaurants, chat with your neighbours, take whatever opportunities to practice.
Tip No.4: be a persistent learner.
Allocate a certain period of time on learning and strictly stick to the plan. The effectiveness of studying for a long period at once is way shadowed by studying a little every day. Anyway, if you are not an eagle, be the snail that surmounts the pyramid by his perseverance.
Tip No.5: love Chinese without being a control freak
“The relationship between the Chinese word and me mirrors that of my wife and me—-I love it only not able to control it,” a candidate in a Chinese speech contest for foreigners confessed in his self-mocking speech. In fact, this attitude is largely desirable for learners to adopt.
Tip No.6: stick to the standard Chinese pinyin
Chinese is a tonal language, which means that the shape change of one?s voice upon a single syllable can in effect produce different words with multiple meanings. The most typical example in putonghua is the syllable ?ma? which, depending on four tones it is pronounced, might mean ?mother,? ?hemp,? ?horse,? or the verb ?to scold.? respectively. In most cases, this can pose great challenges to westerners. Learners must follow the standard pinyin at the very beginning.
Tip No.7: speak first, then read and write
Although the Chinese grammar is comparatively easy,its written language is, in stark contrast, complex . Prospective students of Chinese would do well to concentrate on learning to speak first, and only then deal with the written character if it is the requirement of their studies or career.
Tip No.8: repetition and patience in studying writing
Use post-it notepaper to write down the characters and stick them on the objects you are about to learn.
Write vocabulary words on flash cards. Jot down new words you encounter. Instead of writing one word a thousand times, write each word once or twice and then go through the whole list again. Repeat writing with patience, and progress is on the way.
Tip No.9: imbue in a hospitable learning environment
Read Chinese newspapers, booklets and books, watch Chinese movies or TV programs, sing Chinese songs, learn some Chinese palm reading, these learning channels offer you a real-life scenario with color and joy.

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June 8, 2009

Before You Hire A Malpractice Attorney Read This

Filed under: Legal — admin @ 8:00 pm

A malpractice lawyer is a lawyer who’s expertise is in malpractice legal matters and court cases.

In law, malpractice is a sort of disregard in which the conduct of a professional, under a responsibility to act, fails to follow generally expected professional principles, and that violation of duty is the apparent reason of harm to a plaintiff who suffers damages.

The malpractice is normally committed by a professional or her/his subordinates or agents on behalf of a customer or patient that causes damages to the customer or patient.
Possibly the most exposed types are medical malpractice and legal malpractice by medical and legal practitioners; though malpractice suits against accountants and venture advisors have featured in the news more recently.

If you suppose you have been a victem of malpractice you ought to discuss your case with a malpractice lawyer. You might even want to think about seeking out a lawyer who is even more specialized in the field of the problem you are seeking legal counseling for.

For example, if you believe you have been a victem of medical malpractice, you may want to get a lawyer who specializes specifically in health malpractice as opposed to a universal malpractice lawyer. This will guarantee your lawyer is more clued-up in the matter and is the most suitable to carry your situation.

A specialized malpractice lawyer knows what questions to inquire and what facts to look for. Because each professional disipline has it’s own series of principles and expectations not all will be applicable across the board. Having a malpractice lawyer that specializes in a topic related to the legal matter at hand helps to guarantee you have the most capable lawyer who is most likely to realize the consequences you are looking for.

There are a number of ways to go about locating a malpractice lawyer. You can find a malpractice lawyer by conducting an internet search, or asking for referrals.

One of the best ways to hit upon a malpractice lawyer is to plainly phone up a law firm and they will refer you to a capable malpractice lawyer within their firm. If they don’t have a practicing malpractice lawyer, a law firm may even refer you to a different law firm.

Being the victem of malpractice is always unfortunate. In most cases, victems have paid hundreds, thousands, and sometimes even millions of dollars in order to have a professional service completed by a experienced practitioner, with the hope of walking away in an enhanced position they arrived in only to march away disillusioned and many times in worse condition then they were previously.

When this happens, it’s always best to align yourself with the right counseler, a malpractice attorney, who understands the legalities of the industry at hand and can best protect you in a court of law, so that you can retrieve any reparation.

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