History Of Beverages/Soft Drink

Soft drinks can trace their history back to the mineral water found in natural springs. Bathing in natural springs has long been considered a healthy thing to do; and mineral water was said to have curative powers. Scientists soon discovered that gas carbonium or carbon dioxide was behind the bubbles in natural mineral water. The first marketed soft drinks (non-carbonated) appeared in the 17th century. They were made from water and lemon juice sweetened with honey. In 1676, the Compagnie de Limonadiers of Paris were granted a monopoly for the sale of lemonade soft drinks. Vendors would carry tanks of lemonade on their backs and dispensed cups of the soft drink to thirsty Parisians. Joseph PriestleyIn 1767, the first drinkable man-made glass of carbonated water was created by Englishmen Doctor Joseph Priestley. Three years later, Swedish chemist Torbern Bergman invented a generating apparatus that made carbonated water from chalk by the use of sulfuric acid. Bergman's apparatus allowe d imitation mineral water to be produced in large amounts. John MathewsIn 1810, the first United States patent was issued for the â€Å"means of mass manufacture of imitation mineral waters† to Simons and Rundell of Charleston, South Carolina. However, carbonated beverages did not achieve great popularity in America until 1832, when John Mathews invented his apparatus for the making carbonated water. John Mathews then mass-manufactured his apparatus for sale to soda fountain owners.Health Properties of Mineral WaterThe drinking of either natural or artificial mineral water was considered a healthy practice. The American pharmacists selling mineral waters began to add medicinal and flavorful herbs to unflavored mineral water. They used birch bark, dandelion, sarsaparilla, and fruit extracts. Some historians consider that the first flavored carbonated soft drink was that made in 1807 by Doctor Philip Syng Physick of Philadelphia. Early American pharmacies with soda fountains be came a popular part of culture. The customers soon wanted to take their â€Å"health† drinks home with them and a soft drink bottling industry grew from consumer demand.The Soft Drink Bottling IndustryOver 1,500 U.S. patents were filed for either a cork, cap, or lid for the carbonated drink bottle tops during the early days of the bottling industry. Carbonated drink bottles are under a lot of pressure from the gas. Inventors were trying to find the best way to prevent the carbon dioxide or bubbles from escaping. In 1892, the â€Å"Crown Cork Bottle Seal† was patented by William Painter, a Baltimore machine shop operator. It was the first very successful method of keeping the bubbles in the bottle.Automatic Production of Glass BottlesIn 1899, the first patent was issued for a glass-blowing machine for the automatic production of glass bottles. Earlier glass bottles had all been hand-blown. Four years later, the new bottle-blowing machine was in operation. It was first o perated by the inventor, Michael Owens, an employee of Libby Glass Company. Within a few years, glass bottle production increased from 1,500 bottles a day to 57,000 bottles a day.Hom-Paks and Vending MachinesDuring the 1920s, the first â€Å"Hom-Paks† were invented. â€Å"Hom-Paks† are the familiar six-pack beverage carrying cartons made from cardboard. Automatic vending machines also began to appear in the 1920s. The soft drink had become an American mainstay. http://inventors.about.com/od/foodrelatedinventions/a/soft_drinks.htmIntroduction to PopThe History of Soft Drinks Timeline By Mary Bellis See More About soft drinks beverageGirl Serving From Soda Fountain Bar Serving Soft Drinks LOC See More About soft drinks beverageThis timeline accompanies Introduction to Pop – The History of Soft Drinks Soft drinks by definition are carbonated drinks that are non-alcoholic. Carbonated soft drinks are also refereed to as soda, soda pop, pop, or tonic. 1798 The term â €Å"soda water† first coined.1810 First U.S. patent issued for the manufacture of imitation mineral waters. 1819 The â€Å"soda fountain† patented by Samuel Fahnestock. 1835 The first bottled soda water in the U.S. 1850 A manual hand & foot operated filling & corking device, first used for bottling soda water. 1851 Ginger ale created in Ireland. 1861 The term â€Å"pop† first coined. 1874 The first ice-cream soda sold. 1876 Root beer mass produced for public sale. 1881 The first cola-flavored beverage introduced. 1885 Charles Aderton invented â€Å"Dr Pepper† in Waco, Texas. 1886 Dr. John S. Pemberton invented â€Å"Coca-Cola† in Atlanta, Georgia. 1892 William Painter invented the crown bottle cap. 1898 â€Å"Pepsi-Cola† is invented by Caleb Bradham. 1899 The first patent issued for a glass blowing machine, used to produce glass bottles. 1913 Gas motored trucks replaced horse drawn carriages as delivery vehicles. 1919 The American Bottlers o f Carbonated Beverages formed.1920 The U.S. Census reported that more than 5,000 bottlers now exist. Early 1920's The first automatic vending machines dispensed sodas into cups. 1923 Six-pack soft drink cartons called â€Å"Hom-Paks† created.1929 The Howdy Company debuted its new drink â€Å"Bib-Label Lithiated Lemon-Lime Sodas† later called â€Å"7 Up†. Invented by Charles Leiper Grigg. 1934 Applied color labels first used on soft drink bottles, the coloring was baked on the face of the bottle. 1952 The first diet soft drink sold called the â€Å"No-Cal Beverage† a gingerale sold by Kirsch. 1957 The first aluminum cans used.1959 The first diet cola sold. 1962 The pull-ring tab first marketed by the Pittsburgh Brewing Company of  Pittsburgh, PA. The pull-ring tab was invented by Alcoa. 1963 The Schlitz Brewing company introduced the â€Å"Pop Top† beer can to the nation in March, invented by Ermal Fraze of Kettering, Ohio. 1965 Soft drinks in can s dispensed from vending machines.1965 The resealable top invented. 1966 The American Bottlers of Carbonated Beverages renamed The National Soft Drink Association. 1970 Plastic bottles are used for soft drinks. 1973 The PET (Polyethylene Terephthalate) bottle created. 1974 The stay-on tab invented. Introduced by the Falls City Brewing Company of Louisville, KY. 1979 Mello Yello soft drink is introduced by the Coca Cola company as competition against Mountain Dew. 1981 The â€Å"talking† vending machine invented.http://inventors.about.com/od/sstartinventions/a/soft_drink.htmHISTORY OF COCA-COLA:Invented in the City of Atlanta over a hundred years ago. Atlanta 1886. John Pemberton in 1886 was experimenting with a new recipe. Took some secret ingredients and boiled them into a syrup. Took some to Jacob’s pharmacy where he mixed it with carbonated water and place it on sale for 5 cents a glass. Thus greatest invention of all time. Accountant of Pemberton – Frank Rob inson, coined the name Coca-Cola and famours trademark News spread across Atlanta 1st year – average drinks sold 9 drink per day 1888 – sold to Asa G. Candler and Co. to produce and distribute coca-cola Mr. Candler was a marketing genius, countless creative ways to promote the product. Gave the color red in barrels to give a distinctive appearance All over America-Soda foams. Then in bottles – idea Sold them the right to do that – 1dollar 1916 – introduced coca cola contour bottle; so unique it became instantly famous 1919 – Candler sold the company to a group of investors. Robert Woodriff who became the company’s president Make ice-cold coca cola available to anyone, where, placeFIRST TRULY GLOBAL BRAND 100 YEARS LATER – FORMULA IS STILL A GUARDED SECRET MOST RECOGNIZED TRADEMARK IN THE WORLD ENJOYED IN MORE THAN 200 COUNTRIESHISTORY OF BOTTLING:Coca-Cola ® originated as a soda fountain beverage in 1886 selling for five cent s a glass. Early growth was impressive, but it was only when a strong bottling system developed thatCoca-Cola became the world-famous brand it is today. 1894 †¦ A modest start for a bold ideaIn a candy store in Vicksburg, Mississippi, brisk sales of the new fountain beverage calledCoca-Cola impressed the store's owner, Joseph A. Biedenharn. He began bottling Coca-Colato sell, using a common glass bottle called a Hutchinson.Biedenharn sent a case to Asa Griggs Candler, who owned the Company. Candler thanked him but took no action. One of his nephews already had urged that Coca-Cola be bottled, but Candler focused on fountain sales. 1899 †¦ The first bottling agreementTwo young attorneys from Chattanooga, Tennessee believed they could build a business around bottling Coca-Cola. In a meeting with Candler, Benjamin F. Thomas and Joseph B. Whitehead obtained exclusive rights to bottle Coca-Cola across most of the United States (specifically excluding Vicksburg) — for the sum of one dollar. A third Chattanooga lawyer, John T. Lupton, soon joined their venture. 1900-1909 †¦ Rapid growthThe three pioneer bottlers divided the country into territories and sold bottling rights to local entrepreneurs. Their efforts were boosted by major progress in bottling technology, which improved efficiency and product quality. By 1909, nearly 400 Coca-Cola bottling plants were operating, most of them family-owned businesses. Some were open only during hot-weather months when demand was high. 1916 †¦ Birth of the contour bottleBottlers worried that the straight-sided bottle for Coca-Cola was easily confused with imitators. A group representing the Company and bottlers asked glass manufacturers to offer ideas for a distinctive bottle. A design from the Root Glass Company of Terre Haute, Indiana won enthusiastic approval in 1915 and was introduced in 1916. The contour bottle became one of the few packages ever granted trademark status by the U.S. Patent Office . Today, it's one of the most recognized icons in the world – even in the dark! 1920s †¦ Bottling overtakes fountain salesAs the 1920s dawned, more than 1,000 Coca-Cola bottlers were operating in the U.S. Their ideas and zeal fueled steady growth. Six-bottle cartons were a huge hit after their 1923 introduction. A few years later, open-top metal coolers became the forerunners of automated vending machines. By the end of the 1920s, bottle sales of Coca-Cola exceeded fountain sales. 1920s and 30s †¦ International expansionLed by longtime Company leader Robert W. Woodruff, chief executive officer and chairman of the Board, the Company began a major push to establish bottling operations outside the U.S. Plants were opened in France, Guatemala, Honduras, Mexico, Belgium, Italy, Peru, Spain, Australia and South Africa. By the time World War II began, Coca-Cola was being bottled in 44 countries. 1940s †¦ Post-war growthDuring the war, 64 bottling plants were set up ar ound the world to supply the troops. This followed an urgent request for bottling equipment and materials from General Eisenhower's base in North Africa. Many of these war-time plants were later converted to civilian use, permanently enlarging the bottling system and accelerating the growth of the Company's worldwide business. 1950s †¦ Packaging innovationsFor the first time, consumers had choices of Coca-Cola package size and type — the traditional 6.5-ounce contour bottle, or larger servings including 10-, 12- and 26-ounce versions. Cans were also introduced, becoming generally available in 1960. 1960s †¦ New brands introducedFollowing Fanta ® in the 1950s, Sprite ®, Minute Maid ®, Fresca ® and TaB ® joined brandCoca-Cola in the 1960s. Mr. Pibb ® and Mello Yello ® were added in the 1970s. The 1980s brought diet Coke ® and Cherry Coke ®, followed by POWERADE ® and DASANI ® in the 1990s. Today hundreds of other brands are offered to meet consum er preferences in local markets around the world. 1970s and 80s †¦ Consolidation to serve customersAs technology led to a global economy, the retailers who sold Coca-Cola merged and evolved into international mega-chains. Such customers required a new approach. In response, many small and medium-size bottlers consolidated to better serve giant international customers. The Company encouraged and invested in a number of bottler consolidations to assure that its largest bottling partners would have capacity to lead the system in working with global retailers. 1990s †¦ New and growing marketsPolitical and economic changes opened vast markets that were closed or underdeveloped for decades. After the fall of the Berlin Wall, the Company invested heavily to build plants in Eastern Europe. And as the century closed, more than $1.5 billion was committed to new bottling facilities in Africa. 21st Century †¦The Coca-Cola bottling system grew up with roots deeply planted in local communities. This heritage serves the Company well today as people seek brands that honor local identity and the distinctiveness of local markets. As was true a century ago, strong locally based relationships between Coca-Cola bottlers, customers and communities are the foundation on which the entire business grows.

Residential Life Sets The Tone For Ones College Experience

As the year comes to an end so will many students experience in the residence halls. Residential life sets the tone for ones college experience and with four different places to live means four different experiences to have had this year. Name: Mollie Merino Hometown: Denver, Colorado Residence Hall: Cate Center Major: International Studies Merino shared her experiences in the dorms with 16 other girls in one bathroom saying, â€Å"we became really close right off the bat†. â€Å"For me the experience of living in Cate has been really positive, just because it’s given me the opportunity to meet so many people. Which coming from out of state was a really unique and cool opportunity†. At the start of the year Merinos biggest fear was she would hate it and not doing well here. â€Å"My biggest fear was that I wasn’t going to be able to cut it out here. That I wasn’t going to be liked, that I wasn’t going to have friends, and that I wasn’t going to do well†, she said. Merino said, â€Å"the option of going home was one I wasn’t going to let myself have. I didn’t want to be that person who talked about leaving and then turned around and came back†. Next year Merino will be an RA at Headington Hall. She says† I think the cultures are really similar, the buildings themselves are pretty different, obviously Cates a little bit older, a little bit less luxurious than Headington†. â€Å"In Cate, it’s a really small community, I pretty much know everyone who lives in our building. I love itShow MoreRelatedThe Irish As Aliens Of A Different World Essay1707 Words   |  7 PagesA single decision set the course for of significant repercussions felt in to the present day. It beganins in the colonial days whenre the British fought to seize Ireland and subjugate their people. British dominance evoked the cultural belief that Ireland was inferior both as a society and in the morality of their beings. 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Smart Goals Essay - 711 Words

Smart Goals Essay Vanessa Goins Grand Canyon University MGT-605 (MGT-605-0103) Leadership Professor Andree Swanson March 21, 2013 Out of the three goals, (Personal, educational, and professional) I chose two of the goals that I am focusing on and that is my personal and educational goals. For my personal goals, I want to create a big picture of what I plan to do in life. Then I want to break them down in order to reach my goals, then once I have them together, then I would start working on them to achieve them. For example(Specific and Measurable goals), I plan on finding a job that has great benefits and the best rate of pay, and one that does not require working on weekends(Monday-Friday only), and not working overtime.†¦show more content†¦I plan on earning my Master’s Degree within a year of Graduation. 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Enterprise Risk Management ( Erm ) - 1741 Words

Introduction âž ¢ What is Enterprise Risk Management (ERM)? Enterprise Risk Management (ERM) is process of planning, organizing, leading, and controlling the activities of an organization in order to minimize the effect of risk on an organizations capital and earnings. 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Has the raise in the tuition-fees rule affected student’s degree choices Free Essays

Introduction The underlying aim of this research is to identify the impact of the changes suggested and implemented as part of Brown Review of Funding, in 2010, and to establish whether this has changed the overall funding approach to be taken by higher educational establishments, while also approving the raising of the fees’ cap up to a maximum of ?9,000. The previous maximum was ?3,375; therefore, the increase in tuition fees was potentially going to have a dramatic impact on the overall desirability for higher education and the degree choices that are made by students. This research paper aims to ascertain the decisions made by students and the impact that these fees have had on the industry, as a whole. We will write a custom essay sample on Has the raise in the tuition-fees rule affected student’s degree choices? or any similar topic only for you Order Now Literature Review Issues relating to the funding policy of education, with the fees charged to students arguably being one of the more high-profile elements of the policy, are many and complex. Existing literature in this area has therefore looked at various different aspects of the funding policy, all of which may be relevant when it comes to determining how the student body is likely to react to the changes, at ground level. Research by Chowdry et al., 2010, suggested that the complexity of the repayment system was in itself a potentially negative factor, although this did create a situation whereby the burden of these increased fees does vary, depending on underlying factors among students, such as parental income and the eligibility for grants and loans. Research by Chowdry indicated that the average debt for students when graduating is likely to be approximately ?59,100. Given this dramatic change, it is unsurprising that there is a relatively large amount of literature looking at student uptake of a university education, although historically this has largely been focused on the links between family background and university participation. For example, research by Blanden and Machin, in 2004, looked at the link between university participation and the achievements of students, based on parental income, both before and after the year 1998, where withdrawals had had a dramatic impact on the way in which university life was funded. This work was then updated in 2008, yet no direct impact was found, creating a gap in the literature. Research in this area also exists within the United States, with researchers such as Kane, 1994, using variances across the states and within the states to monitor and track student participation, based on tuition fees. This research was undertaken in a quantitative fashion, on the grounds that an increase of $1,000 in the tuition fees being charged could ultimately results in a decrease in attendance of approximately 3.7%. Other research has taken a slightly different approach when looking at the impact of financial support, rather than necessarily considering the impact of increased fees, with Dynarski (2000) finding that an increase of $1,000 in aid increased the level of participation by 4%, thus showing a greater sensitivity to assistance than it does from increasing fees. Research does, however, suggest that both the availability of assistance and changes in tuition fees are having a direct impact on the willingness of individuals to participate in higher education, yet the precise impact of the new UK reforms in 2010 still remain relatively unexplored. Research Philosophy, Strategy and Methodology The purpose of this research is to look at the substance of quantitative changes and the impact that these have had on an individual, to make decisions in relation to participation in higher education. Type of Research As the key issues at the heart of the research are to look at the thought patterns and behaviours of individuals, the appropriate research philosophy is interpretivist and phenomenological in nature, ensuring that the researcher takes into account the conscious decisions of the individual. The reasoning behind the decision to adopt this approach is based on the recognition that human decision-making is controlled by a variety of factors and not simply based on quantitative, rational and objective decision-making. The research will be a combination of quantitative and qualitative, as it is anticipated that an analysis of participation, such as that within the existing literature can be undertaken to determine the figures behind the change, yet it is also necessary to look for a descriptive element to the research, so that the thought patterns of students can be analysed. This phenomenological approach is much more humanistic in nature and recognises that opinion will be central to the ultimate findings within this research; however, this should be undertaken with a quantitative support structure, where appropriate. Research Approach and Strategy The underlying research approach is inductive in nature and involves taking a particular situation, in this case the increase in tuition fees, and developing general ideas and theories as to how this is likely to impact on various different elements of higher education. This will include not only looking at overall levels of participation, but also at the impact which this has had on decision-making in relation to which degree should be studied. This research being inductive enables the researcher to start by looking at the factual basis of an increase in fees and then to spread out from this point, in order to gather ideas and theories. Methodology The chosen methodology therefore will be to look at the precise nature of the changes and to identify any trends in participation between the two previous increases in fees and the year after the increase in fees, something which can be achieved by looking at the figures and facts from various institutions, before then going on to take the humanistic approach by undertaking questionnaires, interviews and focus groups with students and potential students, to determine whether the increase in fees leads to changes in decision-making in relation to the choice of course that can be attributed to the figures that have been identified. Ethical Implications There are several key considerations when it comes to ethical concerns during research of any nature and, in particular, in this case many of which are identified by Saunders et al., (2003). Some of the ethical considerations which have potential implications for this research have been identified, and the researcher is mindful that other ethical considerations may arise, on a case-by-case basis. The main concern at this stage is linked to the fact that information needs to be gained directly from the student in relation to their financial status and, as such, the privacy of those individuals is crucial, with individuals having to be confident that the information being provided will be maintained in confidence, although the research is going to be objective in nature when dealing with the information the participants provide. Participation in the research must necessarily be entirely voluntary, with any participant being free to leave the study at any point. Participants need to be clear on the purpose of the research and the role which they play, as well as offering them the opportunity to make changes to the responses and to gain access to their responses, at any point, to check that they have been reported accurately and make changes, if they deem appropriate. Data Collection Data collection from primary sources, i.e. students and potential students, will be gathered through the method of questionnaires, interviews and focus groups and will target existing students and those students who are making their higher education decision, at the moment, or in the foreseeable future. On the whole, therefore, this will focus on the age category of 17 to 20 years old, although where possible, some more mature students will also be interviewed, as they may have different perspectives in terms of their higher education decisions. The most appropriate form of data collection for the questionnaires has been determined as being online, as this is likely to encourage the greatest response, due to its flexibility and the likelihood that the majority of students and potential students will have at least an acceptable level of IT experience to be able to complete a questionnaire online. As interviews will also be conducted, the fact that the questionnaires will be on closed-end questions that can provide quantitative analysis does not present a particular limitation. A copy of the enclosed questionnaire will be contained in the appendix to this proposal and the format of the interviews and focus groups will be the same as questionnaires, but encouraging longer and more open ended responses, in order to obtain a better feel for the thought patterns behind the responses. A test pilot of 10 questionnaires has been undertaken and the responses are contained in the appendix. Analysis of Pilot Data The data collected as part of the pilot is contained in the appendix and it is concluded that the questions are appropriate when it comes to meeting the aims and objectives of the research. By asking the respondents about their current position in terms of their education and whether they are currently considering a university course as well as looking at the factors that are likely to influence the decision, a broader understanding of the influence of the increased fees can be ascertained. This questionnaire will also form the basis for the interviews and open-ended answers are expected in relation to these questions, offering explanations as to why certain answers have been given by the broader questionnaire sample. For example, all the respondents stated cost as an influence on their university choices and 6 respondents stated that it was their main factor when it came to the decision-making process, suggesting that there is on the face of it a strong indication that this factor is going have a direct bearing on university choices. This questionnaire will then lay the foundation for the broader analysis and in order to determine the precise impact that the increased fees are likely to have, and not simply determining that they do in fact have an impact, but rather, it is the nature of the impact that is going to be the formative part of this research. Overall Evaluation The research strategy, on the whole, is appropriate to the underlying aim of the research, as it combines quantitative information relating to the number of students and the choices in relation to courses. This is then to be combined with the thoughts and ideas of students entering into education, to ascertain the reasons behind these quantitative changes. This issue is, however, likely to be personal to individuals and, as such, there will be limitations in the fact that it is not possible to gain responses from every single potential students simply cannot be obtained on generalisations which are likely to be present during research of this nature. References BLANDEN, J., GREGG, P. MACHIN, S. (2003) Changes in Educational Inequality. CMPO Working Paper Series No 03/079. BLANDEN, J MACHIN, S. (2008) ‘Up and Down the Generational Income Ladder in Britain: Past Changes and Future Prospects’ National Institute Economic Review 2008; 205; 101. BROWNE REVIEW (2010) Securing a Sustainable Future for Higher Education in England. www.independent.gov.uk/browne-report CHOWDRY, H., CRAWFORD, C., DEARDEN, L., GOODMAN, A. and VIGNOLES, A. (2010) ‘Widening Participation in Higher Education: Analysis Using Linked Administrative Data’, Institute for Fiscal Studies (IFS) Working Paper W10/04. How to cite Has the raise in the tuition-fees rule affected student’s degree choices?, Essay examples

The Sovereignty of Parliament HRA

Question: Discuss about the The Sovereignty of Parliament for HRA? Answer: For the purpose of exploring the effect of Human Rights Act, 1998 on the constitutional order in the UK and also on the statement that parliamentary sovereignty cannot be considered anymore as the main basis of British constitution, the status of human rights and parliamentary sovereignty before the introduction of Human Rights Act needs to be examined. In this regard, it is also required that the role played by the relevant sections of Human Rights Act should be examined and the way, the impact on a disorderly and human rights.[1] For this purpose, it is also that the relationship that exists between the parliament and judiciary in context of human rights should be analyzed and simultaneously, it needs to be seen if the balance of power existing between the two has been significantly altered by the introduction of the HRA. In the absence of original constitutional framework in the UK had a significant impact on the constitutional law in the country and this is mainly true in case of power and the position of the Parliament.[2] The concept of Parliamentary Sovereignty was particularly popularized by the ideas of scholars like Dicey who described this region as the central law related with the British constitution.[3] In this context, sovereignty had been described as the power to legislate and also the lack of constrains on the power is enjoyed by the Parliament of UK in this regard.[4] In this way, the act of Parliament is not bound by or restricted by a greater law, like a written constitution.[5] An instance of this can be given in the form of the extension of the life of the Parliament during the two World Wars. In the same way, and that there and probably more significant implication that can be drawn from the concept of the sovereignty of Parliament is that the Acts of the predecessors are not con sidered as being binding for a sovereign Parliament and in this way, Parliament does not have the power to bind its successor parliaments.[6] On the other hand, the Human Rights Act was implemented in October 2000. This legislation indicates a basic restructuring of the political constitution of the UK because the Human Rights Act because it has been said that with the introduction of this legislation, the political power has been transferred to the Judiciary from the Legislature and the Executive. In this regard, it has also been stated that there is no doubt that the HRA is the most noteworthy rearrangement of the political power that had taken place in the UK.[7] Before the introduction of the HRA, the legal order in the UK was that of Parliamentary supremacy, although it was sometimes altered by the courts while developing procedures of interpretation that helped to some extent in protecting some of the basic freedoms enjoyed by the people. For example, one such rule can be described as the presumption that it was not the intention of the Parliament to put the UK in breach of the obligations that have been imposed on i t by the European Convention on Human Rights.[8] In this regard, it has been said that wherever there was any ambiguity in the legislation, as a result of which, one interpretation of the words that have been used in the legislation complies with the requirements of ECHR and the other interpretation does not, the courts are required to adopt the interpretation that complies with this provisions of ECHR.[9] But in this regard it needs to be noted that when clear and unambiguous words have been used in the legislation, the courts were required to apply such legislation, irrespective of the fact that it may result in violating the provisions of ECHR.[10] But with the implementation of HRA, much more significant is now placed on protecting the basic human rights of the people due to the reason that the major aim of the Act was to bring rights home which is also demonstrated by the heading of the white paper of the government, Rights Brought Home. In this way, the introduction of this Act resulted in the end of the situation where a complaint was required to go to Strasbourg for the purpose of asserting the rights conferred by the Convention. On the other hand, now the British courts can hear the case of the claimant in such a case. Similarly, after the HRA was fully enforced, certain rights and freedoms were given further effect as the domestic level. For example, it has been mentioned in section 2 of HRA that the courts should consider the jurisprudence of various supervisory and enforcement entities located in Strasbourg. In the same way, the parliamentary sovereignty has also been impacted by section 2(1) which requires that while dealing with a question that is related with the rights that have arisen in context of the rights provided by the Convention, the courts or tribunals are required to make allowance for the decisions of Strasbourg, so far these decisions are relevant in a particular case.[11] But in this regard it needs to be noted that in such a case, the courts are only required to consider the jurisprudence of the entities located at Strasbourg and as a result, the courts are not bound by it. Under the circumstances, it can be said that the sovereignty of the Parliament has been weakened by section 2 because the lawmaking powers of the Parliament have been significantly limited by the ECHR. This belief was further strengthened after the decision given in Do v. Secretary of State for the Home Department.[12] Lord Bingham had stated in this case that it follows that the national courts are subject to a duty like the ones imposed by section 2 of the HRA, and therefore, without the presence of a strong reason, they should not weaken or dilute the effects of the case law from Strasbourg, at the same time, the member States can provide for rights that are more generous as compared to the rights provided by the Convention but these provisions should not be the result of interpretation of the convention by the domestic courts, due to the reason that the meaning of different provisions of the Convention should remain uniform in all the states that are party to it. In this way, the approach of "no less and no more" has been used in R (Al-Skeini) v Secretary of State for Defence[13] under international law. In this case, the 5 claimants who were relatives of the Iraqi nationals, k illed in Iraq. However the court arrived at conclusion that the claim needs to be dismissed because it was beyond the jurisdiction of article 1, under the heading of extra-territorial doctrine of effective control over an area exception. In the same way, the court also stated that it was beyond the scope of the Human Rights Act due to the reason that the Act needs to be construed in view of the present background of the convention and also the Strasbourg jurisprudence.[14] In the same way, in the case titled, R (Al-Jedda) v SSD[15], the judicial discretion regarding the cases concerning international law and its impact on human rights was also discussed. The issue was the right to liberty and security that has been provided by schedule 1, article 5 of the HRA had been displaced regarding a dual British and Iraqi national who was imprisoned in Iraq. Therefore it can be said that on the basis of the decision given in this case as well as in Al Skeini, the parliamentary sovereignty has been weakened to some extent as these decisions reveal that the courts give preference to the cases dealing with international law. As a result, on the basis of the fact that the court gives preference to international law as compared to the domestic law, it means that the parliament is no longer to be considered as the supreme lawmaker.[16] Another important feature of the HRA is the 'interpretive obligation' that has been mentioned in section 3. The most frequent use of this act is likely to be interpretive because the second requires that the courts should interpret statutory provisions as well as the common law in such a way that is compatible with the rights provided by the convention. At the same time, the Act provides in section 3(1) that "so far as possible, primary legislation and subordinate legislation needs to be read and given effect in such a way that is compatible with the rights provided by the convention". This provision has an impact on all the cases, including civil and criminal, public or private or the cases against public authorities or private legal persons, whenever a right provided by the convention is at stake. However the important words related with the interpretive obligation prescriber section 3(1) is so far as possible and must which suggests that an alternative is available. Another important provision in this regard is section 4 which provides a remedy of the 'declaration of incompatibility'. It can be applied where the court finds it difficult to interpret a particular statutory provision in such a way that it complies with a convention right. For example in R v A (No.2)[17], which was mentioned by Lord Steyn that a declaration of incompatibility has to be considered as a last resort and therefore it should be avoided unless it becomes impossible to do so. However it needs to be noted that section 4(6)(a) also states that the declaration of incompatibility does not have an impact on the validity of the legislation. Similarly, the declaration of invalidity is not binding on the parties to the proceedings as provided by section 4(6)(b). It was demonstrated in Burden v United Kingdom that as a remedy, it has proved to be ineffective. In this case, the issue was if the siblings who had lived together throughout their life, should have inheritance tax relie f as is available to married couples and several partners. In this context, it was argued by the payments that it amounted to a violation of article 14 of ECHR. The courts did not consider that it could be expected in the case that the applicants should have brought a claim for a declaration of incompatibility in accordance with section 4 before bringing their application to the European Court of Human Rights, as the remedy depended on the discretion of the executive and earlier it was found to be infected by the courts in Hobbs v United Kingdom.[18] Due to the fact that the applicants were directly impacted by provision of domestic law and at the same time, no domestic remedy was available which should have been exhausted first of all by them, the court held that the six-month time limit to bring the case before the European Court of Human Rights was not applicable. In case of the enactment of legislation, it has been provided with section 19 of the HRA that at the time of the introduction of the Bill in the Parliament, the Minister in charge asked to make a statement regarding compatibility before the second reading of the Bill and in this statement, it should be revealed how the Bill complies with the provisions of the Convention.[19] In this way, it can be said that restraints have been put on parliamentary sovereignty due to the reason that it requires that the Convention rights should be incorporated as the early stages of enacting a particular legislation.[20] But in this regard it needs to be noted that it will be deceptive to claim that this provision precludes the Parliament from passing a legislation due to the reason that the statement of noncompliance can be delivered which reveals the conflicts present between the proposed Bill and the ECHR rights and also the reasons for the noncompliance of the Bill with these rights.[21] In the end, it can be said that the Human Rights Act has been successful in achieving the desired balance as it retains the right of the Parliamentary enact legislation even if it is incompatible with the rights provided by the Convention.[22] But in this regard, it also needs to be noted that as a result of section 4 of HRA, the political capacity has been significantly reduced due to the reason that the declaration of compatibility serves as a political or even as a moral disincentive to enact a law that is incompatible with the convention rights.[23] However it is still open for the government regarding how it deals with the relevant decisions of the courts in this regard. If it considers it appropriate, it can be done by the government by refusing to take steps for the purpose of limiting the incompatibility in accordance with section 5 of the Human Rights Act.[24] Therefore, while the Parliament is still sovereign but as a matter of constitutional practice, considerable amount of power has been transferred to the judiciary as a result of the introduction of HRA. Although it has been mentioned in section 6(3)(b), the Parliament is not bound by the provisions of Section 6 and s 7 of the Act and in this way, the Parliament is not accountable for its actions. The result of this position is that the Parliament is can still use the cover provided by the will of the electorate. On the other hand, it also needs to be noted that still the government is accountable for its actions during the reason that its bodies are considered as the public authorities and as a result, have been constrained by section 6 and section 7 of the Act. Due to this reason, the government cannot use the will of the electorate as a 'cover' for its actions. Bibliography Bradley, The Sovereignty of Parliament Form or Substance?, in J. Jowell and D. Oliver, The Changing Constitution (7th ed.) (OUP, 2007), 25 Kavanagh, The elusive divide between interpretation and legislation under the Human Rights Act 1998 (2004) 24(2) OJLS 259 Tomkins, In Defence of the Political Constitution (2002) 22 Oxford Journal of Legal Studies 157 Young, Judicial Sovereignty and the Human Rights Act 1998 [2002] CLJ 53 Gearty, Reconciling Parliamentary Democracy and Human Rights (2002) 118 LQR 248 Harlow and R. Rawlings, Law Administration (3th ed.) (OUP, 2009). Anderson, Shfting the Grundnorm and Other Tales, in D. OKeefe and A. Bavasso, Judicial Review in European Union Law (Kluwer, 2000) J.A.G. Griffith, The Political Constitution (1979) 42 Modern L. Rev. 1, 19 Lord Woolf, The Rule of Law and a Change in the Constitution (2004) 63 Cambridge LJ 317-330 Loughlin, Constituent Power Subverted: From English Constitutional Argument to British Constitutional Practice, in M. Loughlin and S. Tierney, The Paradox of Constitutionalism (OUP: 2008) Loughlin, The Foundations of Public Law (OUP, 2010). Craig, Formal and Substantive Concepts of the Rule of Law [1997] Public Law 467 Bellamy, Political Constitutionalism: A Republican Defence of the Constitutionality of Democracy (Cambridge: Cambridge University Press, 2007). Rawlings, Review, Revenge and Retreat (2005) 68(3) Modern Law Review 378-410 Sedley, The Sound of Silence: Constitutional Law Without a Constitution (1994) 110 Law Quarterly Review 270 Campbell, K. Ewing and A. Tomkins (eds), Sceptical Essays on Human Rights (Oxford University Press, 2001) Hickman, In Defence of the Legal Constitution (2005) 55(4) University of Toronto Law Journal 981-1022 Hickman, In Defence of the Legal Constitution (2005) 55(4) University of Toronto Law Journal 981-1022 Case Law Do v. Secretary of State for the Home Department [2004] UKHL 26 Hobbs and others v United Kingdom - [2006] All ER (D) 178 R (Al-Skeini) v Secretary of State for Defence (2007) UKHL 26 R (GC) v Commissioner of Police for the Metropolis [2011] UKSC 21 R v A (No 2) [2001] UKHL 25 R. (Al-Jedda) v Secretary of State for Defence [2007] UKHL 58 [1] A. Tomkins, In Defence of the Political Constitution (2002) 22 Oxford Journal of Legal Studies 157, [2] J.A.G. Griffith, The Political Constitution (1979) 42 Modern L. Rev. 1, 19 [3] R. Bellamy, Political Constitutionalism: A Republican Defence of the Constitutionality of Democracy (Cambridge: Cambridge University Press, 2007). [4] T. Hickman, In Defence of the Legal Constitution (2005) 55(4) University of Toronto Law Journal 981-1022 [5] M. Loughlin, The Foundations of Public Law (OUP, 2010). [6] R. Rawlings, Review, Revenge and Retreat (2005) 68(3) Modern Law Review 378-410 [7] Lord Woolf, The Rule of Law and a Change in the Constitution (2004) 63 Cambridge LJ 317-330 [8] C. Harlow and R. Rawlings, Law Administration (3th ed.) (OUP, 2009). [9] T. Campbell, K. Ewing and A. Tomkins (eds), Sceptical Essays on Human Rights (Oxford University Press, 2001) [10] M. Loughlin, Constituent Power Subverted: From English Constitutional Argument to British Constitutional Practice, in M. Loughlin and S. Tierney, The Paradox of Constitutionalism (OUP: 2008) [11] P. Craig, Formal and Substantive Concepts of the Rule of Law [1997] Public Law 467 [12] Do v. Secretary of State for the Home Department [2004] UKHL 26 [13] R (Al-Skeini) v Secretary of State for Defence (2007) UKHL 26. [14] S. Sedley, The Sound of Silence: Constitutional Law Without a Constitution (1994) 110 Law Quarterly Review 270 [15] R. (Al-Jedda) v Secretary of State for Defence [2007] UKHL 58 [16] T. Hickman, In Defence of the Legal Constitution (2005) 55(4) University of Toronto Law Journal 981-1022 [17] R v A (No 2) [2001] UKHL 25 [18] Hobbs and others v United Kingdom - [2006] All ER (D) 178 [19] D. Anderson, Shfting the Grundnorm and Other Tales, in D. OKeefe and A. Bavasso, Judicial Review in European Union Law (Kluwer, 2000) [20] A. Bradley, The Sovereignty of Parliament Form or Substance?, in J. Jowell and D. Oliver, The Changing Constitution (7th ed.) (OUP, 2007), 25 [21] R(GC) v Commissioner of Police for the Metropolis [2011] UKSC 21 [22] A. Kavanagh, The elusive divide between interpretation and legislation under the Human Rights Act 1998 (2004) 24(2) OJLS 259 [23] A. Young, Judicial Sovereignty and the Human Rights Act 1998 [2002] CLJ 53 [24] C. Gearty, Reconciling Parliamentary Democracy and Human Rights (2002) 118 LQR 248

Premodern To Post Modern Society Essays - Economic Systems, Foraging

Premodern To Post Modern Society Western liberal scholars have divided human history into three phases: the premodern, the modern and the post modern. Each phase has no definite end, rather they layer on top of each. For example, a thoroughly post modern society has elements of premodern and modern in it. There is no one exact time when the premodern ended and the modern began: each society reached them differently. Western Europe entered the modern era in the sixteen hundreds while the rest of the world was still premodern. Even now, most industrialized countries are post modern, yet most of the Third World is modern or even premodern. The premodern phase spans a huge amount of time, from prehistory until the rise of modern institutions. The premodern can further be divided into two periods, before and after settled agriculture. Before a society adopts settled agriculture, they live of the land, hunting and gathering. The political organization of such groups is roughly like a wolf pack: there is a dominate leader figure (not necessarily male) that leads a more or less egalitarian community. An excellent example of hunter-gatherers is the Kung bushmen of the Kalahari dessert. The Kung live in small family groups in an extremely hostile environment yet they have adapted. Since they do not cultivate plants for food there is no point in owning a parcel of land. Each small tribe can support itself on it's surrounding land with resources to spare. Private ownership of land is unherad of. Since the technology of the Kung is rudimentary, everyone in the tribe has the same skills at manufacturing as everyone else. If one m ember of the tribe wishes to make a loincloth, he simply makes it himself, every member of the tribe can exactly this. There is no way to differentiate status, everyone has exactly the same skills. The division of labor between man and women is slight. Both take an active role in feeding the family; the man hunts while the woman gathers. Women and men are treated equally. Serious crime like murder or robbery are unheard of among the Kung. There is no reason to steal when every product can be made easily with the resources at hand. The only thing stealing would accomplish is isolation from the rest of the tribe. Also, there was very little in the way to steal. The Kung live in tune with nature, they use only a few simple tools such as digging sticks and spears. As the Kung all live in a close knit tribe stealing from one another is like stealing from a close friend. There is no faceless anonymity of the victim for the perpetrator. The thief knows and lives with the person who he is stealing from. Even if one individual committed a minor offense among the Kung, they themselves are not directly punished. Instead, there is a ritual to banish the demon who enter the perpetrators body and willed him to misbehave. There is no forced confinement or resentment. Societies such as the Kung were very small. Each person must forage or hunt for their food. To sustain a population of even a small amount of people the surrounding wilderness must be big enough to continually regenerate itself in the following years. This did not lead to a large population density as it takes large tracts of land to support people without going barren. This is why hunter gatherer groups are so small; the land cannot support many people in its present state. The Kung continue to survive by adapting to the land, instead of adapting the land to better suit their needs. If it suited them and they had the technology, the Kung could plow fields and build irrigation system to bring water into the dessert. The cost of this is huge labor output, yet the benefit is increased food production. With increased food production comes larger and larger populations. A small population is not the only disadvantage of hunter gatherers. Science and technology suffer in a tribal system s uch as the Kung. Gathering food and caring for children occupied the entire time. There were no dedicated scholars or scientists. Only with food surpluses reaped by settled agriculture could people