Constitutional Conventions. Should Conventions Be Made Into Laws Essay

Constitutional Conventions. Should Conventions Be Made Into Laws - Essay Example These are the nations which follow the Westminster system of government, common in the Commonwealth Nations. The constitutional conventions often distribute the powers between the head of the state and the head of the government making the head of the state a ceremonial post. For example in the Indian subcontinent (Present India, Pakistan, Sri Lanka and Bangladesh) the constitution is based on the Govt. of India Act 1935 which was formulated by the British legislators, the additions to the act are made in the form of constitutional conventions and the affairs of government in these states are being run by these constitutional conventions. There are other constitutional conventions which operate alongside written constitutions. In Britain there are many constitutional conventions which have been made into laws. Still there is a marked difference between Laws and Constitutional Conventions. According to Dicey [1883] laws are the set of rules which are enforced by the courts while const itutional conventions are those set of rules which are not actually enforced by the courts and are merely are the habits and practices of people in certain offices of the state. According to Hood Phillips â€Å"constitutional conventions are rules of practices which are regarded as binding by those to whom they apply but which are not laws because they are not enforced by the courts and parliament†. L.B. ... The traditions and practices which are followed by certain governmental procedurals over large periods of time are considered as informal rules and are made constitutional conventions. According to one perception the English constitution drifted from the monarchical system to parliamentary system by way of constitutional convention. The ultimate object of most of the conventions is that the affairs of public interest should be conducted in accordance with the wishes of the majority of the electorates. The origin of constitutional conventions also takes place when certain authorities try to exercise power which is actually not prohibited by law but a certain opposition is aroused against that exercise of power and the opposition is of such an extent that the same action cannot be taken in future and the opposition marks an end to that practice. In such a scenario the certain practices which are not actually forbidden by law becomes forbidden under the constitutional conventions. Const itutional conventions automatically assume the role of constitutional amendments as the legislators and the government starts following them. But the constitutional conventions are not enforced by the courts of law because sometimes these are in conflict with the legal rules and the courts are bound to enforce the legal rules and not the constitutional conventions. On an occasion the British Supreme court has ruled out the possibility of the constitutional conventions to be enforced as laws no matter how well-established and universally accepted they may be because there are instances when there is clash between the constitutional convention and a present law. The only way

Organizational Behavior Analysis Assignment Example | Topics and Well Written Essays - 2000 words

Organizational Behavior Analysis - Assignment Example Understanding and appreciating the organizational behaviour thus helps a manager in an organisation to understand the behaviour of others in the same organization. For example, in some organizations, the managers are directly responsible for the behaviour of some of the employees, such as their immediate subordinates. Some of the usual activities of managers include motivating the employees, designing the job roles properly, resolving any kind of conflict in the workplace, evaluating the performance of the employees and helping the employees to achieve the set goals and objectives. The managers can also make use of the knowledge that they have to understand, in a better way, the behaviour, needs, feelings and thus motivate and help employees in the decision making processes and other aspects (Griffin & Moorhead, 2011, p. 6). Therefore, in order to effectively analyze various behavioral components within an organization, the following features are analyzed and discussed in detail. Typ e of culture Organizational culture can be defined as a system of beliefs and shared values which tend to develop within the organization and thus guide the behavior of the members and employees. The importance of the organizational culture along with its contribution is well established. A sound organizational culture is one of the most critical factors that are required in order to determine the attitude for survival in the long run and also towards creating a brand image and it is said to have profound negative as well as positive implications. Organizations tend to contain both informal and formal groups where the formal groups form the structure of the organization by establishing job designs and work responsibilities. The behavior of the individual in the formal group is thus intended and predetermined for achieving the organizational goals. On the other hand, informal groups tend to be coalitions which are neither established within the organization nor structured officially (Loughran, 2007, p. 16). Cultures are broadly divided into various classifications but this paper deals primarily with three forms of culture that are Pluralism, Dualism and Salad Bowl. Cultural Pluralism is of two types: descriptive and participative; out of which the first type of cultural Pluralism is conceptualized as the co-existence of various cultures within the same society and only a little interaction tends to occur among the separate elements. Each of the elements thus concentrates on maintaining their own culture and language in order to imbibe its own heritage in the future generations. The form of cultural pluralism tends to assume that the society is culturally pluralistic, but, at the same time, the individuals are not pluralistic. Therefore, the descriptive form of cultural pluralism tends to imply the coexistence of religious, political, ethnic and racial groups which live together and allow each of the groups to maintain and function itself. Cultural pluralism is another perspective that can be conceptualized not just for the society but also for the individual members. In the second case of cultural pluralism it tends to carry out the description provided by Pratte, as â€Å"positive of hurrah connotation.† As cultural pluralis