Human Rights Act 1998 ( Hra ) - 1627 Words

Human Rights Act 1998(HRA) gives effect to the convention in the UK law, it does this to reschedule one of the Acts. The statute is considered a constitutional importance since it has a major effect on the way that the statute interacts with its citizens. One of the major concerns that was around when the HRA 1998 was first passed, was what effect it would have on Parliamentary Sovereignty, to an extent it is a debate that it still ongoing when you consider the things like the interaction with the UK legal system in Europe. However, the HRA 1998 itself has limited to no effect on Parliamentary Sovereignty. S6 requires all public authorities to be bound by the HRA 1998, however, on S6(3) Parliament is explicitly mentioned as not being a public authority and therefore it is not bound by it. S10 normally requires ministers to make a statement of compatibility whenever a new act is going through Parliament, however, there is no requirement to do this. S4 concerns Declaration of Incompati bility by the Courts so the Courts themselves decide whether this piece of legislation is not compatible with the HRA when this happens though the ministers are given an opportunity to correct the piece of legislation since if it does become compatible but again there is no requirement to do so, the Courts unlike in other countries cannot strike down a piece of legislation, they can suggest to Parliament that it is incompatible. Section 2 requires the Courts to take in account decisions made byShow MoreRelatedHuman Rights Act 1998 ( Hra )3755 Words   |  16 PagesSection C: 8 Before the Human Rights Act 1998 (HRA) coming into force, the UK subscribed to a ‘weak’ judicial review. However, the Act has brought a drastic change into the practice of judicial review in the UK. In this essay, I shall argue that with the new powers conferred to the courts under sections 3 and 4 (ss 3 and 4) of the HRA, they have developed a mechanism which allows the court to communicate with Parliament through their interpretations although the practice of judicial review remainsRead MoreThe Between The Uk Parliament And The Human Rights Act 1998 ( Hra ) On Sovereignty1030 Words   |  5 PagesParliamentary Sovereignty is, as Dicey coined â€Å"the right to make or unmake any law whatever†¦ [with] no person or body†¦ having a right to override or set aside the legislation of Parliament.† Immediately, we see a contradiction between the UK Parliament and the Human Rights Act 1998 (HRA) on sovereignty. The issues David Cameron puts forward in his spe ech have all attracted much attention from a Human Rights perspective. More and more the European Courts of Human Rights (ECHR) are becoming an integral part ofRead MoreThe Doctrine Of Precedent And The Human Rights Act 1998 ( Hra ) And Alternative Dispute Resolution2278 Words   |  10 Pagesindispensable foundation to the common law’ and English legal system (ELS). This paper will examine the importance of the role of precedent in English law and how that role has changed as a consequence of statutory interpretation, the Human Rights Act 1998 (HRA) and alternative dispute resolution (A.D.R) in civil disputes. The principle of precedent has long been established as a cornerstone of our common law jurisdiction. This was illustrated clearly in the Mirehouse v Rennell ruling of 1833Read MoreSignificance of Section 3 and 4 of the Human Rights Act 19981312 Words   |  5 PagesThe power to strike down Acts of Parliament is defined as the power to declare legislation invalid because it is unconstitutional. This paper will critically assess sections 3 and 4 of the HRA 1998 by defining them, reviewing case law surrounding their use, and by evaluating the powers that they give to the judiciary. By doing so, it will demonstrate that section 3 gives judges powers that are not significantly different from the power to strike down Acts of Parliament, whereas section 4 does notRead MoreThe Doctrine Of Parliamentary Sovereignty1609 Words   |  7 PagesUnion (EU) and its endorsement of the Human Rights Act 1998 (HRA). In order to analyse this notion, it is essential to outline the traditional doctrin e of Parliamentary Sovereignty. The essay will reflect upon the evidence in respect of Britain’s membership of the EU and the degree to which it affects Parliamentary Sovereignty and also reflect upon Britain’s enactment of the HRA in the same way. The doctrine of Parliamentary Sovereignty stems from the Bill of Rights 1689 which effectively establishedRead MoreParliamentary Sovereignty Essay1121 Words   |  5 Pagescomplicated when it is assessed in isolation. Only in connection with other constitutional principles difficult tensions arise. The orthodox view of parliamentary sovereignty is simply that only parliament has the right to make or unmake law and that no other institution can challenge that right. This also includes the rule that parliament cannot bind its successors. Parliament can follow its own procedural rules as it wishes and court cannot examine the procedure by which legislation has been passedRead MoreThe Extent to Which the Human Rights Act of 1998 Strengthened the Rule of Law in the U.K. Constitution2570 Words   |  11 PagesThe Extent to Which the Human Rights Act of 1998 Strengthened the Rule of Law in the U.K. Constitution The Human Rights Act 1998 (HRA), an Act introduced to give effect to rights from the European Convention on Human Rights (ECHR) in domestic legislation. Its introduction has affected many legal areas; especially the conceptions of the rule of law and their place in the UK constitution. To understand the effect of the HRA, it is first necessary to establish the initial statusRead MoreThe Human Rights Act3299 Words   |  14 Pagesâ€Å"What are we to make then of the promise of the Human Rights Act that it would provide for better protection of civil liberties?† KD Ewing The Futility of the Human Rights Act (2004) Public Law Background to the Human Rights Act (HRA) The Human Rights Act 1998 (HRA) was granted royal assent on the 9th November 1998, however, it was not fully implemented until the 2nd of October 2000. Previous to the implementation of the HRA , anyone who wanted to challenge the decision of the UK GovernmentRead MoreEssay about The Human Rights Act2435 Words   |  10 PagesThe Human Rights Act ‘The Human Rights Act in its present form, besides failing to properly incorporate the European Convention on Human Rights, gives the United Kingdom a defective law which puts it at the bottom of any international league table of bills of rights. The Act talks of rights, but keeps them at arms length and has as a consequence been hesitantly applied by the courts.’ DiscussRead MoreHow Creative Judicial Interpretation Has Changed Over The Last 50 Years Essay2011 Words   |  9 Pagescase law and legislation such as The Human Rights Act (HRA), a wider judicial interpretation has become more accepted as the UK constitution is taking a more contemporary shape in parallel to our changing environment. The Contemporary UK constitution is now less rigid than that traditionally known, it is beginning to move away from the belief that Parliamentary Sovereignty is the cornerstone of our constitution and becoming more accepting of change. The HRA 1998 has been heavily involved in the gradual

Management theory of Mintzberg-Free Samples-Myassignmenthelp.com

Question: Discuss about the Mintzbergs theory of Management. Answer: Introduction Henry Mintzberg is a Canadian management guru who is well known for his book Mintzberg on management: Inside our strange world of organization published in 1990 (Daft, 2016). This book explicitly defined 10 roles that every manager must play in order to lead the team and ensure productivity in the most efficient manner. These 10 roles are categorized in three areas: interpersonal, informational and decisional (Kinicki, 2016). These 10 roles of a manager a valid even today and various organizations provide training to their managers to learn from the same. In the fast paced lifestyle and growing industries, managers need to accomplish various tasks and it is imperative that they are able to fulfill various roles simultaneously. In such times, Mintzbergs theory of management comes as a handy tool for a manager to understand his responsibilities explicitly. During every situation that managers come across, one or the other aspect of Mintzbergs theory can be put into use to make the best out of that situation (McFarlane, 2011). This report throws light on how Mintzbergs theory is relevant even today and how the 10 roles of the manager compliment the role of managers in the current business scenario. 10 Roles of Managers Mintzberg defined that there are 10 roles that every manager must play at different stages of work (Mintzberg, 2013). These 10 roles are defined as below: Figurehead A Good manager must be someone that the team can look up to. A manager must be able to fulfill responsibilities and be able to set an example for the team (Menz, 2012). This quality of being able to inspire the team by being held in a high regard makes the manager a figurehead. Leader Being an efficient leader to the team is one of the key responsibilities of a manger (Northouse, 2015). As a manager, the performance recording, evaluation and improving the same for team members becomes a crucial task, this is where the manager must become an able and competent leader and guide the team in the right direction. Liaison Under the role of a liaison, the manager fulfills the responsibility the communicating the right information to internal as well as external stakeholders of the organization. This also requires the managers to be well connected and have a strong network. Monitor As a monitor, the manager must evaluate the performance as well as the wellbeing of the team. The manager must have a hawk eyes view on every detail of the organization and the industry (competitors) and work towards improving the same (Li, 2013) Disseminator As a disseminator the manager communicates useful and relevant information to the internal stakeholders specifically the team. The manager, upon his discretion, decides the information that must reach out to the employees within the organization. The channel of this communication is also decided by the manager and is aimed at increasing a sense of ownership and creating transparency. Spokesperson As a spokesperson, the manager communicates with the external stakeholders of the organization and helps the firm establish a brand image and increase brand awareness. The spokesperson in this case becomes the face of the organization and decides when, how and what information will reach out to which part of the audience. Entrepreneur As an entrepreneur, the manager aims to create and implement new ideas within the organization. A manager creates and controls changes within the firm and eventually leads to consistent innovation and firm expansion. Disturbance handler If an organization hits an unexpected roadblock, the manager plays the role of the disturbance handler in the organization by fixing what is to be fixed in a timely and efficient manner (Bernstein, 2011). In times of a dispute, the manager must take charge and help to mediate those clashes in an effective way. Resource allocator Deciding the most effective and competent use of the resources is also a foremost role of the manager. This applies to financial resources, human resources, and various other resources that are utilized within and outside the firm. The manager now only allocates them in the right places but also ensures attaining them in the first place. Negotiator For a manager, the role of a negotiator is crucial. This role comes into picture during business dealings with external clients, suppliers and media persons as well as within the team among employees of the firm. A manager must be able to find a common ground and way through important discussions. Relevance of Mintzbergs theory in current business environment The current business environment is extremely hectic and competitive for a manger. The roles played by the manager in different situations are varied and sundry. The sizes of the organizations are increasing and hence the responsibility of the mangers also widens. Every manager is required to manage a large team of employees and numerous stakeholders outside the organization. This is when Mintzbergs theory comes into picture. Let us look at the responsibilities and functions of the managers in the current business environment and relate them with Mintzbergs roles. Recruiting The foremost task of a manager is to recruit people. This requires ensuring that the right people are selected for the right job. The entire process of recruitment must be transparent and efficient and the employees selected must be given job roles to suit their competence and caliber. This is where the manager must play the role of a resource allocator. When the candidates are shortlisted, they must be hired at a salary that does not drain the firms resources. To accomplish the same, the manager must be an efficient negotiator. Planning Every business and every task requires advance planning before it can be implemented. It is the foremost responsibility of the manager to ensure that the tasks within the organization are well planned and follow all the required compliances. If a business undergoes any expansion, immense planning must be conducted to ensure the efficacy of the venture. Here it is imperative that the manager plays the role of an entrepreneur. Organizing Once the planning has been achieved, organizing the task comes into play. This includes setting up the organization culture, departmentalizing the team, deciding the span of control and ensuring efficient coordination within the organization. Upon organizing, the manager plays the role of resource allocator and monitor. Communication This is an ongoing task for the manager. This involves both communicating within the firm and outside. The manager upon discretion, decides which information must be shared with which stakeholder and via which channel. Here the manager plays the role of liaison, disseminator and spokesperson. This communications is aimed at creating transparency, sense of ownership and creating brand awareness. Business growth One of the key responsibilities of the manager is to ensure the business grows in a consistent manner. This requires being innovative and taking an active control in ensuring business growth. This also involves keeping a track of competitors and other players in the industry, tracking the industry environment and aiming to gain a competitive advantage. This can be accomplished when the manager plays the role of an entrepreneur and monitor. Conflict management Conflicts are a part of every organization. Whenever a group of people work together, it is only natural that they hit a roadblock and cause conflict. This conflict can also be within the organization as well as between the organization and its customers, suppliers, media persons and other stakeholders. During such times, it is the responsibility of the manager to resolve these conflicts in a timely and efficient manner by playing the role of a disturbance handler and negotiator. Sales and marketing Every business runs to make profits and these profits come about when the product or service offered by the firm is sold to customers. This is possible with the help of effective sales and marketing. The process of sales includes selling the product to customers and closing the deals which is accomplished by the manager in the role of a negotiator (Manning, 2015). The process of marketing involves making people aware about the product and increasing awareness to a larger audience. These promotional activities are achieved when the manager liaisons with the external environment. Decision making Decision making is the key responsibility of the manager and plays a role at every step. An effective manager but be quick and efficient with decision making (Tzeng, 2011). The various roles as defined by Mintzberg also include taking various decisions whether as an entrepreneur or as a disturbance handler. Training and development Training, coaching and development of employees is a crucial role played by the manager as the performance of the employees will shape the organization and lead to its growth (Gruman, 2011). The manager at all times must be a leader for the team and ensure that they are well trained and fulfill their responsibilities in a competent manner (Bolman, 2017). Financial management Finances are one of the most crucial resources of any organization. The manager must ensure that the firm makes a profit, does not spend or lose money unnecessarily, no department is underfunded and a continuous flow of funds in maintained (Brigham, 2012). When the manager plays the role of resource allocator, this can be accomplished. Performance management The performance of the team is directly related to the manager. Hence the manager must keep a hawk eyes view on the performance of team, evaluate it on a regular basis, and provide honest feedback and ensuring improvement. This is achieved when the manager becomes a monitor, sets clear target for the employees, ensure these targets are achieved and plan accordingly if they are not (Griffin, 2011). Motivation In the stressful world that we live in, it is important and beneficial if the manager is someone the team can look up to and motivate on a regular basis. This keeps the morale of the employees in place and encourages them to fulfil their responsibilities and achieve goals. The manager must become a true leader and a figurehead for the team in order to ensure that the team remained motivated to work hard (Raelin, 2011). This also helps in building and sustaining a positive atmosphere in the environment which in turn greatly impacts performance. Representation There are a number of public appearances that the manager needs to give in order to represent the team or organization. This is a big responsibility and the manager must be an efficient spokesperson in order to ensure that the brand image and positioning of the firm remains intact in the minds of the larger audience. Conclusion The business scenario is no longer what it used to be. The current era is of increasing competition and spreading globalization. Therefore the managers of the organizations have immense workload as well as they need to bear strong responsibilities on their shoulder. A manager must be able to play various roles as and when required by the organization. Mintzberg theory is extremely beneficial even in the current scenario. Although the ten roles defined by him were given in 1990, these roles are still applicable even today. The various responsibilities of the managers are effectively covered by the ten roles of Mintzberg and they completely suffice all the responsibilities that a manager needs to fulfill. In the report we have taken an example of various tasks that are accomplished by a manager and linked the same with Mintzbergs roles only to identify and conclude that Mintzbergs theory of management and its components effectively compliment the current business scenario. References Daft, R.L. and Marcic, D., 2016.Understanding management. Nelson Education. Kinicki, A., Williams, B.K., Scott-Ladd, B. and Perry, M., 2014.Management: A practical introduction. McGraw-Hill Education Australia. McFarlane, D.A., 2011. The leadership roles of distance learning administrators (DLAs) in increasing educational value and quality perceptions.Online Journal of Distance Learning Administration,14(1). Mintzberg, H., 2013.Simply managing: What managers doand can do better. Berrett-Koehler Publishers. Menz, M., 2012. Functional top management team members: A review, synthesis, and research agenda.Journal of Management,38(1), pp.45-80. Li, Q., Maggitti, P.G., Smith, K.G., Tesluk, P.E. and Katila, R., 2013. Top management attention to innovation: The role of search selection and intensity in new product introductions.Academy of Management Journal,56(3), pp.893-916. Northouse, P.G., 2015.Leadership: Theory and practice. Sage publications. Bolman, L.G. and Deal, T.E., 2017.Reframing organizations: Artistry, choice, and leadership. John Wiley Sons. Raelin, J., 2011. From leadership-as-practice to leaderful practice.Leadership,7(2), pp.195-211. Gruman, J.A. and Saks, A.M., 2011. Performance management and employee engagement.Human Resource Management Review,21(2), pp.123-136. Brigham, E.F. and Houston, J.F., 2012.Fundamentals of financial management. Cengage Learning. Griffin, R.W. and Moorhead, G., 2011.Organizational behavior. Cengage Learning. Bernstein, J., 2011.Manager's guide to crisis management. McGraw Hill Professional. Tzeng, G.H. and Huang, J.J., 2011.Multiple attribute decision making: methods and applications. CRC press. Manning, G.L., Ahearne, M., Reece, B. and MacKenzie, H.H., 2015.Selling today: Creating customer value. Pearson Canada.