Expansionism and Continuation of Past Us Expansionism Free Essays

Between the years 1860 and 1877 an upset was welcomed on in the United States because of sacred and social turns of events. Huge protected advancements, for example, withdrawal in 1860 and the Civil Rights Act of 1866 assume a significant job in the way to transformation. Social advancements assume a littler job in this insurgency. We will compose a custom paper test on Expansionism and Continuation of Past Us Expansionism or on the other hand any comparative subject just for you Request Now Liberated slaves are the base of social improvements, for example, the Black Codes, the Freedman’s Bureau, and the Ku Klux Klan. Legislative issues and states’ rights, dark testimonial, and social liberties gives all join to make an upheaval. In any case, while certain sacred improvements during this timespan have demonstrated to be progressive, the social advancements of this period have demonstrated to be actually the inverse. Record A shows the main titanic advance of withdrawal, that being the South Carolina Declaration of Causes of Secession. In 1860, South Carolina is the main express that withdraws from the Union. This is a crucial protected improvement in light of the fact that after South Carolina withdraws, different states start to follow and withdraw from the Union also. Report A talks about assigned powers and how controls not designated to the US government are saved for the individuals to deal with, which is the thing that the South firmly puts stock in. The Northern Unionists, then again, accepts to fortify the government, which is appeared in Document B. Congressperson John Sherman, a Northerner, portrays states’ rights as an absence of nationality and how it is the explanation the United States government is being ousted. Unionists guarantee that the solid standards of states’ rights ruin the Union and will prompt money related and political ruin later on. Sherman is pushing the rebuilding of the National Bank by saying that Americans ought to rely upon the United States for money and exchange. Northern Unionists need a more grounded focal government and after the Civil War they get what they need. The final product of the Civil War is that the focal government has the most force it has ever had so far ever. While the social improvements during this time are not really progressive, these advancements have helped shape America to what it is today. Dark testimonial is a significant social improvement that helps change American culture. Archive D speaks to the various assessments of moderate and radical republicans on the issue of subjugation. Moderate republican, Gideon Welles contends that bondage ought to be put aside rather than nullified. A significant solicitation that Blacks have after they are liberated is that they ought to be given the option to cast a ballot. Archive C is a request from African American residents to the Union show of Tennessee, in this appeal previous slaves are harshly expressing that they helped battle for the Union armed force and in this manner, they merit the option to cast a ballot. In the event that previous defiant Southerners are permitted to cast a ballot, at that point African Americans ought to be given the option to cast a ballot too. Record C particularly shows that Blacks don’t have any rights during Johnson’s Reconstruction period. Racial oppressors, or the Ku Klux Klan, accept emphatically that African Americans ought not cast a ballot and they will go to radical limits to keep them from casting a ballot. Record I represents the brutality of the Ku Klux Klan by demonstrating two racial oppressors shaking hands over a peak with two Black individuals wincing in torment. This picture speaks to the cold-bloodedness of the KKK, yet additionally how social advancements are not progressive. At the point when the Northern military left the South, this considered the Redeemer governments to ascend to control. These Redeemer governments were disastrous and just demonstrated that the New South was, truth be told, more regrettable than the previous South before withdrawal. Since this New South is seen as frightful, not the slightest bit is it progressive. Other social turns of events, for example, the Freedmen’s Bureau, have a little influence in the difference in American culture, which is in fact a little upset in itself. The Freedmen’s Bureau is intended to help Blacks and helpless whites with food, sanctuary, and training (Document E). Be that as it may, as expressed in Document E, the Freedmen’s Bureau was going to offer Homesteads to the liberated slaves, however the legislature kept none of its guarantees. Liberated African Americans request the ideal for land and they think that its out of line that indeed Southerners, previous deceivers to the Union, are given land when they don't appropriately merit it. Or maybe the African Americans merit the land since they were faithful to the Union in the Union’s period of scarcity. African Americans are standing up additional, which is a positive advancement on the grounds that these requests are what in the end will get them their privileges. Representative Lot Morrill portrays the Civil Rights Act of 1866 as totally progressive (Document F). Congressperson Lot Morrill, a Unionist, is answerable for the Morrill Tariff Act. This demonstration is intended to raise duties to give land to states to instruction. The Civil Rights Act of 1866 isn't just a significant established turn of events, yet additionally a social turn of events. The thirteenth, fourteenth, and fifteenth revisions are for the most part helpful established advancements on the grounds that hese alterations show that the national government has more force than state governments. The Civil Rights Act thinks about African Americans as residents. From the hour of South Carolina’s withdrawing in 1860 to the last withdrawal of Union soldiers from the South in 1877, the country of America was loaded up with insurgencies. There was steady improvement in this time both socially and naturally. It was an aftereffect of these advancements that the Revolutions of the Civil War, Reconstruction, and the Redeemers would occur. The most effective method to refer to Expansionism and Continuation of Past Us Expansionism, Essay models

Applying theory to a practice problem 3 Research Paper

Applying hypothesis to a training issue 3 - Research Paper Example Luke's Hospital School of Nursing. She earned both Master of Science in Nursing and a PhD from Case Western Reserve University in 1987 and 1997 separately. Presently Kolcaba is filling in as Associate Professor of nursing at Akron College of Nursing. Kolcaba has gotten numerous honors, including the Midwest Nursing Research Society grant of Advancement of Science Award and the Case Western Reserve University grant Cushing Robb Prize. Since resigning from proficient instructing, she has been chipping in with the Honor Society of Nursing and the American Nurses Association. She has done different distributions including Comfort Theory and Practice: A Vision for Holistic Health Care and Research. Then again, Dr. Margaret Jean Watson was conceived in 1940 in West Virginia and experienced childhood in a more distant family (Watson, 2010). Watson graduated with her single guys of Science in Nursing at the University of Colorado. She earned her master’s in mental emotional well-being nursing, and a doctorate’s in instructive brain research and guiding (Johnson and Webber, 2010). She joined the showing calling and turned into a recognized Professor in Nursing and holds a Chair in Caring Science at the University of Colorado Health Science Center (Johnson and Webber, 2010). ... Dr. Watson is an individual in the American Academy of nursing. She has national and universal distinctions (Watson, 1997). At the point when Watson made the mindful hypothesis, she had as a top priority the reason to catch the clinical standard of the patient and the earth where they lived (Watson, 2008). This paper tries to depict a nursing hypothesis built up by the above portrayed nursing scholars and the impacts contributed by the scholars, the ideas and the suggestions of the hypothesis, and afterward apply the hypothesis to a training issue through exhibiting the connections to the components of the hypothesis and the issue. As indicated by Kolcaba (1993), comfort hypothesis tends as per the general inclination of human needs that emerge from upsetting medicinal services circumstances. The paper tries to apply this hypothesis in the field of patient carelessness. This includes the absence of coordination and correspondence in care, and furthermore the administration and contro l of indications, before the illness is bothered. This issue is knowledgeable about both the general population and private area henceforth Kolcaba (1993) sort to address this issue and return rational soundness in the organization of patient consideration. As per L.J. Morrison and R.S Morrison (2006), palliative consideration are significant under the watchful eye of older individuals as they require close checking. The issue is a serious matter of enthusiasm, citing from insights most amazing to carelessness by medical attendants. On the off chance that the issue is tended to suitably this will forestall the finish of avoidable passings. Kolcaba (1993) recognizes that different logical advances, for example, the muscle unwinding strategy and the helpful touch have been made to guarantee that patients are very much dealt with. Notwithstanding the affirmation of crafted by Katharine Kolcaba, The University of

Theory and Practice of the European Convention on Human Rights Assignment Free Essays

string(186) this case is a suspect of an approaching psychological oppressor assault with the utilization of a bomb will be inadequate while deciding if the activities of the police will fall under Article 3 or not. Conceptual It is crucial that all people are managed adequate assurance of their human rights under the European Convention of Human Rights (ECHR). Be that as it may, much trouble happens when such rights are being ensured to the detriment of national security. As needs be, while it is felt that the insurance of general society ought to influence the one hand, it is contended on the other that individual rights ought to consistently be maintained. We will compose a custom exposition test on Hypothesis and Practice of the European Convention on Human Rights Assignment or then again any comparable subject just for you Request Now Basically, infringement of human rights should just be made in outrageous conditions. Regardless of whether speculated fear based oppression should fall inside the ambit of one of these special cases is questionable, particularly when there has been a risk of torment as it will be for the courts to find some kind of harmony between the two contending interests. It will be talked about in this task whether the risk of the utilization of torment is a worthy practice that is equipped for being utilized by the police during a cross examination or whether it is really an infringement of the ECHR. Presentation It will be fundamentally talked about whether the cross examination of the suspect and the danger of the utilization of power will add up to an infringement of the presumes rights under the European Convention of Human Rights. In doing as such, Article 3 will be given thought followed by a survey with regards to whether the interests of national security ought to likewise be given thought considering the way that there was an approaching fear based oppressor assault. European Convention on Human Rights and Torture The European Convention on Human Rights (ECHR) was built up in 1950 by the Council of Europe. The primary target of the Convention is to guarantee that sufficient security for individual’s human rights and principal opportunities is being given. Following from the Convention was the European Court of Human Rights (ECtHR), which was set up so as to give people the capacity to prosecute their case in the event that they felt that their privileges were sabotaged. Article 3 of the ECHR forces a severe disallowance against torment and â€Å"inhuman or debasing treatment or punishment.† Accordingly, this is probably the strictest article that exist under the Convention as there are no accessible exemptions to it and as is expressed in the Convention; the forbiddances are made in the strictest terms regardless of the casualties lead., Whilst this Article by and large applies to any cases including torment, unjustified expulsions and corrupting treatment, it is those cases incl uding police brutality and poor detainment conditions that every now and again look for assurance (Kamau, 2006: 15). Article 3 is along these lines of critical significance in saving the interests of people and States must guarantee that such treatment doesn't happen inside their domain. It is sketchy how successful Article 3 is in forestalling such treatment being delivered upon people, in any case, given the numerous cases that precede the courts. In any case, the ECtHR will make incredible endeavors to amend any foul play that happens, yet they have clarified that the degree of torment that is being dispensed must be of such a level in order to empower it to fall inside the ambit of Article 3; McCallum v The United Kingdom, Report of 4 May 1989, Series A no. 183, p. 29. It is flawed whether the risk of utilization of torment by the police in this situation does really fall under Article 3 since it can't be said whether the degree of the danger was huge. It is regularly hard to decide if a reason for activities will fall inside the ambit of Article 3 since not all treatment that is viewed as correctional will add up to torment for the motivations behind the ECHR. Basically, the courts have made it understood in various cases that the degree of reality should be high all together for their privileges under the Convention to be enacted. In light of this edge it has regularly been amazingly hard for casualties to build up their case as showed in the Ireland v The United Kingdom, 18 January 1978, Series A no. 25. Here, it was clarified by the Court of Appeal that the appraisal with respect to what the base level will be will be reliant upon the individual conditions of the case. Subsequently, the elements for the court to consider while deciding the reality of the treatment incorporate the people in question; age, sex, physical and mental impacts and wellbeing. It was additionally confirm by the court in Soering v The United Kingdom, jud gment of 7 July 1989, Series A no. 161; â€Å"the seriousness will rely upon all if the conditions of the case, for example, nature and setting of the treatment or discipline and the way and strategy for its execution.† The assurance with regards to whether treatment or discipline will be considered to be torment for the motivations behind Article 3 may likewise contrast here and there given that various nations have various view of torment. There has been an endeavor to accomplish co-activity between States so as to guarantee that there is some consistency inside this region, yet complexities despite everything emerge. In Greek Case, 5 November 1969, YB XII, p. 501, the European Commission of Human Rights noticed the accompanying; â€Å"it is plain that there might be treatment to which these portrayals apply, for all torment must be barbaric and corrupting treatment and brutal treatment additionally degrading.† It can't be said that the suspect in this example has ex perienced cruel or debasing treatment since he was only undermined with the utilization of power in the event that he didn't educate the police regarding the bomb’s area. Article 3 is one of the most significant securities that is given under the Convention as its sole object is to â€Å"protect a person’s respect and physical integrity† (Reidy, 2002: 19). This is the reason the courts can't consider the casualties direct since people ought to be furnished with a definitive insurance against torment. The way that the casualty for this situation is a suspect of an approaching fear monger assault with the utilization of a bomb will be lacking while deciding if the activities of the police will fall under Article 3 or not. You read Hypothesis and Practice of the European Convention on Human Rights Assignment in class Article models Regardless of this, be that as it may, the courts will consider the challenges related with the upkeep of national security. In this way, in spite of the fact that the direct of the casualty won't be equipped for being considered by the court, the way that the police were attempting to keep a bomb from detonating will be as the police will be found to have been acting in light of a legitimate concern for national security; Tomais v France, Judgment of 27 August 1992, Series A no. 241. On account of Ilhan v Turkey the candidate had been seriously beaten at the hour of his capture and was denied clinical treatment for a lot of time. The court found that the casualty had been exposed to torment in this example. As needs be, it will along these lines rely on the sort of cross examination the casualty endures, which is indistinct from the realities of this case. In Assenov v Bulgaria, Judgment of 28 October 1998, Reports 1998-VIII it was held that because of the cross examination the casualty experienced torment despite the fact that it was hazy who really caused the wounds supported by the person in question. Once more, this shows given that the casualty has experienced genuine wounds, all things considered, assurance will be managed under Article 3. This is likewise exemplified in Rehbock v Sl ovenia where the utilization of power was viewed as outlandish in light of the fact that the specialists couldn't give any legitimate defense to why the wounds were so genuine. On the off chance that the specialists can't legitimize the danger of the utilization of power, at that point all things considered, a break of the ECHR will be found. Apparently, if the wounds supported by the casualty over the span of the cross examination are critical, at that point this will trigger the assurance under Article 3. In choosing whether the direct of the police will add up to torment, it will initially should be viewed as what activities will be viewed as of a painful sort. There have been different definitions regarding what torment comprises of since it very well may be applied to a shifting level of circumstances. Notwithstanding, it is clear that torment happens in circumstances where an individual is exposed to â€Å"severe torment and suffering† as gave in the United Nations Convention against Torture. In any case, it won't be sufficient for this situation to demonstrated that the suspect was exposed to â€Å"severe torment and suffering.† Instead the entire setting of the circumstance should be thought of. In doing as such, a survey concerning whether the cross examination methods utilized by the Police were sa tisfactory should be made. Regardless of whether this will be anything but difficult to decide is impossible since it is faulty what will add up to adequate cross examination strategies and as put by Amnesty International (2009: 417); â€Å"Torture and other savage, brutal or debasing treatment can never be defended. They are rarely lawful. Indeed, even in a highly sensitive situation, there can be no exception from this commitment and there is nothing of the sort as torment executed in â€Å"good faith† or â€Å"reasonable† circumstances.† Arguably, it is obvious that Amnesty International doesn't concur with cross examination in any case concerning the circumstance. In any case, the suspect might have the option to depend on the nemo tenetur seipsum accusare rule which implies; â€Å"no man needs to charge himself.† This standard could viably go about as a defend by forestalling unseemly techniques for

Relevant Research on Euthanasia - 2750 Words

Relevant Research on Euthanasia (Research Paper Sample) Content: EUTHANASIANameInstitutionAbstractEuthanasia elicits significant debate because of the ethical and moral challenges of ending the life of a fatally ill patient intentionally and prematurely. The Hippocratic Oath bars doctors from carrying out euthanasia. However, ancient Greek and Roman doctors did not follow the oath strictly on matters related to euthanasia. Ancient societies practiced various forms of euthanasia. Illegality of euthanasia is based on ethics and morality of medical practice. Views against euthanasia are also influenced by religious beliefs, which consider euthanasia to be a form of murder. While the goals of euthanasia are noble, experience in countries where the practice is legal suggest that without a comprehensive legal framework, abuse can occur. The biggest fear is the extension euthanasia to persons who are not fatally ill, but suffering from equally debilitating conditions. The crux of discussion on the matter is whether mere existence is good enough or people should just live when they are in charge of all their faculties. Both sides of the argument are persuasive and the concerns raised are valid. As the debate continues, developing capacity of caregivers to alleviate suffering should be the priority.IntroductionÂEuthanasia can be well defined as the intentional killing by omission or act of a dependent being for his or her purported benefit. The key term here, clearly, is "intentional." If the demise is not intentional, then it is not an act of euthanasia. Euthanasia can be non-voluntary as well as voluntary. The latest case we have heard of in the news about euthanasia is the case of Terri Schiavo. In this case, the point that doctors took out her suckling tube was a non-voluntary act of euthanasia. Instead of having her own consensus, her husband made the choice, hence making it non-voluntary. The husband believed it was the best decision for her since she was in a lazed state for more than fifteen years. However , many people do not agree with the husband decision. They argue against legalizing euthanasia in itself. They reject the argument of dignified death insisting that the same can be achieved through palliative care. Euthanasia is an enormously controversial problem-dividing professional in both the legal and medical fields. Some maintain that death is a choice and persons have a right to die. Those against euthanasia claim that, death occurs since a fatal pathological disorder is permitted to take its natural course. Relatively, their intention is to stop imposing a burden on the patient and discontinue doing something useless. This paper discusses euthanasia from the viewpoints of those who oppose it. The paper provides arguments against euthanasia; euthanasia should be unethical and immoral and should be bannedRelevant Research on EuthanasiaThe Belgium, Netherlands, and the Northern Regions in Australia are amongst some of the nations that recognize Euthanasia as lawful. Euthanasia in the Netherlands accounts more than 5% of the country's deaths (Mak, Elwyn, 2005). In 1997, the Supreme Court of United States conceded the act of Death with Dignity in Oregon, which indicated that physician helped suicide, is unconstitutional right, but that individual conditions are free to prohibit or permit it. Since then, some other states have considered physician-assisted suicide to be lawful (Emanuel, 2002). Each human life is significant, hence; euthanasia should not be lawful since it devalues human life, dishonors psychological theories, and not free from complications. According to Hyde (2001), doctor-assisted suicide devalues human being life. In certain morals, human life is not valued, and they frequently celebrate their daughters and sons being murdered and blown up for the good of their individuals. Nevertheless, one thing that groups the western hemisphere directly above the rest is our respect and appreciation for every human life. Ending any life is a decisio n that should never have to be made. Presenting it as an option to patients is forcing them to decide to end their suffering prematurely and for the wrong reasons. Before accepting the request for the lethal drugs, physicians must ask a series of provisional questions. Doctors must make certain the patient completely understands his or her disease prognosis, and other treatment alternatives. ''Whether or not the patient has recently experienced family drama or a spiritual crisis must also be analyzed.'' If the distribution of the fatal treatment must continue, the general practitioner should look more intensely into the patientà ¢Ã¢â€š ¬s life and examine the reasons for their choice better. Although those minor provisions are taken, the physician still has slight actual proof concerning the mental state of the patient at the time the choice is being made (Griffiths, Weyers, Adams, 2008). It is not compulsory that the physician recommend alternate opportunities for treatment. Neve rtheless, it is proven that in 30 % of cases intrusions such as hospice referral and pain control changed the patient's thoughts about suicide (Hurst, Mauron, 2003). The physicians should be more cautious before agreeing to distribute the medication because human life is irreplaceable, and if there is any chance of recovery or pain management it should be the only option presented to the patient. The legal option of euthanasia also creates temptation for dying people and their families to think they can "manage death away"(Keown, J. 2002). Death should also only be decided by nature, and no matter how serious the fate of the ill, family members should not be allowed to decline their loved ones right to life. Human life is invaluable, and doctors should not be involved directly in causing death. The trust a patient has in their doctor is unlike any other bond because the patient trusts the physician with their life. In order to become a doctor, physicians must recite the Hippocratic Oath, which begins with the words, "First, do no harm.à ¢Ã¢â€š ¬Ã‚ Participating in a patientà ¢Ã¢â€š ¬s suicide would obviously break this oath. This occurred during a case in 1999 when Jack Kevorkian was sentenced to a ten to twenty-five tear prison term for giving fatal medication to a patient (Verhagen, Sauer, 2005). Even though it is unlawful in most states, in some cases euthanasia can be done non-voluntarily. The non-voluntary option presents doctors with too much power; a life should not be taken because it is no longer convenient or cost efficient. The power then given to the doctors would provide the insurance companies with an opportunity to put undue pressure on the physicians to avoid heroic measures, and end life prematurely simply to save money or avoid hassles. Euthanasia is suicide and should not be legal because it devalues human life. Psychologists agree those making the decision to commit suicide are not insane mental places. Technically the law states that, every individual of elderly years has a right to choose what will be done with his own body (Keown, J. 2002). Nevertheless, if Euthanasia suicide and become lawful rights, the presumption that persons trying suicide are in need of psychological help and deranged would be reversed. Over ninety-four percent of those committing suicide suffer from identifiable mental disorders. Meaning almost everyone choosing to end his or her life has some mental problem. In most cases the condition, such as bipolar disorder or depression, is treatable and can be easily managed with medication. Extreme illness causes physical and emotional exhaustion ''which impairs basic cognition,'' creates unwarranted self-blame, and lowers overall self-esteem, all of which easily lead to distorted judgments and regrettable decisions. Those factors all play a part in any patientà ¢Ã¢â€š ¬s decision to choose euthanasia. None of those factors however is looked into when a physician is deciding whether to distribu te medication. Psychological experts agreethat, it is nearly difficult for a mentally sane person to be seated and make a ''cool sane'' decision to commit suicide (Keown, J. 2002). Since psychologistà ¢Ã¢â€š ¬s theories prove it is nearly impossible for the decision to commit suicide to be done for logical, thought out purposes, euthanasia should not be legal. Euthanasia also makes it appear as though suicide is not serious or that a life is less valuable because of the suffering endured. Those who try suicide are treated for their mental problems almost instantly, yet euthanasia is irrationally becoming an established part of todayà ¢Ã¢â€š ¬s medical system. Interestingly, a significant amount of Americans expresses more judgments that are negative about suicide than euthanasia. Even though the situations leading to the decision to end life are different, ''the overall outcomes'' are identical. Legally, euthanasia is not being taken seriously. For instance, it used to be justifie d for the terminally ill, but now there are exceptions for other, less drastic, problems as well it is even allowed to occur non-voluntarily. Another reason, regarding mental illness, euthanasia should be illegal is that almost all who attempt suicide will survive, recover, and never attempt again. Anyone attempting to end their life has a serious mental issue, which means even those making the decision become victims of euthanasia most likely are not of sound mind (Baumann, 2010). Those with mental health issues deserve to be treated fully, and it is not fair to those who attempt suicide not to be taken, as seriously because physician assisted suicide is becoming a normal part of society. Normalizing suicide in todayà ¢Ã¢â€š ¬s world also influences those who need help legally and for insurance purposes. Experts state that, accepting a right to suicide would generate a lawful presumption of rationality, preventing proper mental health treatment (Hurst, Mauron, 20...

Essay on Vision of Heaven in the Poetry of Dickinson

Vision of Heaven in the Poetry of Dickinson Emily Dickinson never became a member of the church although she lived in a typical New England Puritan community all her life. The well-known lines, Some - keep the Sabbath - going to church - / I - keep it - staying at Home - (P-236 [B]; J-324),1 suggest her defiance against the existing church and Christianity of her time in particular. And her manner of calling the Deity by such terms as Burglar, Banker (P-39; J-49), and a jealous God (P-1752; J-1719) clearly discloses her antagonism against the Christian God. In fact, she insistently rejected being baptized even when her family members and intimate friends at Mount Holyoke Female Seminary had chosen to bow in†¦show more content†¦And Dickinson herself knew the answer was to be found in the Bible, as she answered, For Prose--Mr Ruskin--Sir Thomas Browne--and the Revelations (L-261)2 when asked by Thomas W. Higginson what her favorite books were. Of course, there were many other prose writings which she could have mentioned, but she dared to select these three as the sources of her inspiration. Needless to say, the three were exclusively special for her. Therefore, by referring to the picture of heaven in the Book of Revelation, I will consider how Dickinsons poetry delineates one of the most important and sometimes enigmatic Christian doctrines, the idea of heaven. The following poem furnishes us with appropriate materials for discussion: I went to Heaven - Twas a small Town - Lit - with a Ruby - Lathed - with Down - Stiller - than the fields At the full Dew - Beautiful - as Pictures - No Man drew - People - like the Moth - Of Mechlin - frames - Duties - of Gossamer - And Eider - names - Almost - contented - I - could be - Mong such unique Society - (P-577 [B]; J-374) Written in about 1862, one of the anni mirabiles (most productive years) of Dickinsons life, this poem portrays a really mirabile visu spectacle of the heavenly kingdom in earthly images as John sees heaven in terms of earthlyShow MoreRelatedAnalysis Of Emily Dickinson s Poem My Life Had Stood- A Loaded Gun 993 Words   |  4 PagesEmily Dickinson is a very famous and accomplished poet with over 1700 published poems. Several of her poems are similar in theme, and also similar in bringing out human emotions that we humans usually try to avoid. The common theme in most of Dickinson s poems is the wonders of nature, and the identity of self, as well as death and life. The five poems with the common theme of death are: â€Å"My Life had Stood- A Loaded Gun†, â€Å"I Heard A Fly Buzz- When I Died†, â€Å"Behind Me Dips- Eternity†, â€Å"Because IRead More An Analysis of Dickinson’s I Felt a Funeral in My Brain Essay1005 Words   |  5 PagesBrainnbsp;nbs p;nbsp;nbsp;nbsp;nbsp; nbsp; Emily Dickinson was a poet who used many different devices to develop her poetry, which made her style quite unique. A glance at one of her poems may lead one to believe that she was quite a simple poet, although a closer examination of her verse would uncover the complexity it contains. Dickinson’s poem I felt a Funeral, in my Brain, is a prime example of complicity embodied by simple style and language. In this piece, Dickinson chronicles psychic fall. The use ofRead MoreI Felt A Funeral, My Brain By Emily Dickinson1748 Words   |  7 Pagesmy Brain† by Emily Dickinson. Throughout the poem, Dickinson traces her descent sanity into madness which has made the poem terrifying for both the speaker and the reader. At the beginning of the poem, Dickinson has expressed her feeling of grief and pain through the use of an extended metaphor, â€Å"felt a funeral in the brain† and in the rest of the poem, she lives a life, passes away, and reborn again into this world making choice between a world full of trouble, pain or a heaven that brings solitudeRead More Emily Dickinsons Death Poems Essay3829 Words   |  16 Pages Emily Dickinsons Death Poems Emily Dickinsons world was her fathers home and garden in a small New England town. She lived most of her life within this private world. Her romantic visions and emotional intensity kept her from making all but a few friends. Because of this life of solitude, she was able to focus on her world more sharply than other authors of her time were. Her poems, carefully tied in packets, were discovered only after she had died. They reveal an unusual awareness of herselfRead More Emily Dickinson Essay2811 Words   |  12 Pagesconclusive. Dickinson remains an enigma even today but biographical speculation allows us to analyze some of her poetry even though we may be completely inaccurate about what we presuppose. There are some facts about Emily Elizabeth Dickinson that we know for certain. She was born on December 10, 1830 and is recognized as one of Americaamp;#8217;s greatest poets. She had an older brother, William Austin Dickinson, born on April 16, 1829, and a younger sister, Lavinia Norcross Dickinson, born on FebruaryRead More The Influence Of Personal Experiences In Emily Dickinsons Poetry2275 Words   |  10 Pagesof Personal Experiences In Emily Dickinsons Poetry nbsp;nbsp;nbsp;nbsp;nbsp;None of Emily Dickinsons readers has met the woman who lived and died in Amherst, Massachusetts more than a century ago, yet most of those same readers feel as if they know her closely. Her reclusive life made understanding her quite difficult. However, taking a close look at her verses, one can learn a great deal about this remarkable woman. The poetry of Emily Dickinson delves deep into her mind, exposing her personalRead MoreEmily Dickson2677 Words   |  11 PagesAlmost unknown as a poet in her lifetime, Emily Dickinson is now considered as one of the most mysterious and original American poet of 19th century for her innovation in rhythmic meters and creative use of metaphors. Her poems were rarely published in Russia because most of them had religious content (to express religious feelings was restricted in Russia for almost a century). However, some poems that I read impressed me at the first glance. Dickinson’s poems spoke powerfully to me about meaningfulRead MoreTo Accept and Define Death Essay1697 Words   |  7 Pagesit. We are not only unprepared at the loss of beloved one, but also the loss of our own life. The fear of death is related to the uncertainty of what follows death since nobody comes back to tell of an afterlife. Based on national polling in 1997, â€Å"Heaven is not just in your mind: Its a real place†, says 88 percen t of a national sample of adults interviewed by Opinion Dynamics for Fox News. However, the poll found that far fewer Americans, 71 percent, believe in hell (Morin). It is not to surpriseRead MoreAnalysis Of Emily Dickinson s Emily 1867 Words   |  8 PagesPoetry is meant to provoke in a thoughtful way. It makes the reader consider what the deeper meaning behind the piece may be. I Heard a Fly Buzz—when I died does all that but it also perplexes the reader, making one wonder what was Emily Dickison writing about in this poem? And what is the reader supposed to take away? It begins with the tone, in the very first sentence, I heard a Fly buzz—when I died—, there is a puzzling, almost disbelief on the part of the speaker. They can’t seem to believeRead MoreWilliam Blake was born in London on November 28, 1757 to James and Catherine Blake. His father,1600 Words   |  7 Pagesa sister named Catherine (Harris 5). Blake got along best with his younger brother, Robert as they shared an interest in art (Clarke 1). As a young boy, Blake claimed to have had visions of God, spirits, prophets and angels. When he was four he is claimed to have seen God’s head in his window. In his most famous vision, he saw the prophet Ezekiel under a tree and a tree of angels when he was nine (â€Å"Early Years†). Though his parents believed he was lying, they took into consideration that their son

The Ethical Implications Of Cloning - 997 Words

Artificial Cloning Cloning is a number of different processes that can be used to produce genetically identical copies of a biological entity; in short it is an identical duplicate of something living. Cloning does occur naturally by single celled organism through asexual reproduction, they make a new individual from themselves not having to use a partner, so if cloning is already done by these single celled organisms; why is artificial cloning portrayed so badly in movies and media? Most of the problem lies with artificial cloning being done on humans and the morals it â€Å"destroys†, testing can be done on anything else except for humans and that’s a problem because no other organism can be used for testing that is like us humans. There are similarities between some, but nothing that can be for sure without the use of humans. Religious, societal, and the destroying of human embryos are some of the ethical standpoint of cloning, reproductive cloning is highly against moral code but hasn’t even been proven to have been used. Yet there is actually a field of genetic cloning that has been working for some time gene, cloning has aided greatly in the medical field and therapeutic cloning may not be that far behind. Gene cloning is the artificial type of cloning scientists use only when they use genes they’d like to study. They don’t make a copy of the whole organism itself, â€Å"when scientists clone a gene, they isolate and make exact copies of just one of anShow MoreRelatedThe Ethical Implications Of Cloning Essay1989 Words   |  8 Pagesfragments of DNA or genetic information. The developments of cloning over time has opened up many doors for scientists. This has lead to animals such as sheep and primates become fully developed, or have come close to fully developing into clones. Primates are essentially humans closest genetic relative and so the cloning of the monkey reinforced the possibility of the cloning of humans. Al though there are many other ways that cloning can be useful in terms of being a therapeutic resource for humansRead MoreThe Ethical Implications Of Cloning1265 Words   |  6 PagesCloning is the process of making copies of individuals that occur in nature such as bacteria, insects, plants, invertebrates or vertebrates. The copy is called clones. Clones are genetically identical to their original parent. Development of cloned animals, which have been genetically engineered to produce valuable proteins in their milk. These have uses in medicine, cloning can also save animals from extinction. Cloning would open doors to even more powerful technologies of human genetic informationRead MoreThe Ethical Implications Of Human Cloning1305 Words   |  6 Pagesbe duplicated. Cloning sheep and other nonhuman animals seemed more ethically benign to some than potentially cloning people. In response to such concerns in the United States, President Clinton signed a five-year moratorium on feder al funding for human cloning the same year of Dolly s arrival [source: Lamb]. Human cloning has become one of the most debated topics among people in the world regarding the ethical implications. In past polls by TIME magazine (The Ethics of Cloning, 1998), it was shownRead MoreMoral, Social, And Ethical Implications Of Cloning2179 Words   |  9 PagesMoral, Social, and Ethical Implications of Cloning â€Å"Clones are organisms that are exact genetic copies. Every single bit of their DNA is identical. Clones can happen naturally—identical twins are just one of many examples. Or they can be made in the lab. Natural identical twins are similar to and different from clones made through modern cloning technologies.† (Genetic Science Learning Center) Cloning has many different aspects; there is the moral, social and ethical aspects of cloning. Along with thisRead More The Ethical and Theological Implications of Human Cloning Essay4880 Words   |  20 PagesThe Ethical and Theological Implications of Human Cloning Introduction Advances in science and technology have often caused revolutionary changes in the way society views the world. When computers were first invented, they were used to calculate ballistics tables; today they perform a myriad of functions unimagined at their conception. Space travel changed the way mankind viewed itself in terms of a larger context, the universe. In 1978, the first test tube baby was born in England makingRead MoreTherapeutic Cloning And Its Controversy1313 Words   |  6 PagesTherapeutic Cloning and its Controversy The idea of finding a way to cure people of diseases with their own cells is one that scientists, physicians, and those who are afflicted by such diseases find very enticing. Therapeutic cloning is a process that scientists believe has the potential to achieve such goals in the future. While therapeutic cloning brings with it a variety of potential benefits and innovations, it also carries with it a polarizing ethical conflict that poses a strong impedimentRead MoreEssay on The Reality of Human Cloning667 Words   |  3 PagesThe Reality of Human Cloning As aptly put by Rosa Beddington, the word â€Å"clone† has become one of the most emotive of all the terms coined by scientists which have entered popular vocabulary. I shall add another, and that will be the phrase â€Å"Dolly the sheep†. The conception of Dolly, the â€Å"baby† of scientist Ian Wilmut and his team has opened the possibility of cloning humans. The mention of Dolly brings to average the person, haunting connotations of â€Å"future replicas of living megalomaniacsRead MoreEthical Implications in the Fields of Science and Arts Essay1462 Words   |  6 PagesThe knowledge question is asking to identify and discuss ethical implications that might interfere with the production of knowledge in the field of natural sciences and arts. Ethics is defined as the moral principles that govern a person’s or group’s behaviors and actions towards a certain subject. Ethical implications are the problems that a certain action would have on ethics . This particular essay title tackles the areas of knowledge of natural sciences and arts and ethics. Many knowledge issuesRead MoreWhen Life Begins638 Words   |  3 Pageslife. However, we don’t always consider an embryo to be a living thing. It is currently a hot topic of discussion whether or not to allow and use stem cells taken from embryos. The fact that cells must come from women also raises ethical questions concerning therapeutic cloning as this can lead to the exploitation of women. Many people also believe that such technology is unnatural and similar to taking nature in your own hand. Creating clones for the production of transplantable organs is another issueRead MoreGenetically Modified Animals : Genetic Engineering1518 Words   |  7 PagesModified Animals Introduction In this research paper on gene technology I hope to share some understanding in the process of gene transfer in animals, the process of obtaining genetically engineered animals, and analyze the social and moral implications associated with this gene technology in animals. Genetic modification of animals started thirty years ago with the production of genetically modified mice. Gene modification is the process of crossing and selective breeding of animals and has been

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Article 6(3) of the Constitution of the State of Sarawak gives power to the Governor to appoint as Chief Minister a member of the Council Negri who in his judgment is likely to command the confidence of a majority of the members of the Council Negri; while Article 7(1) provides that if the Chief Minister ceases to command the confidence of a majority of the members of the Council Negri, then unless at his request the Governor dissolves the Council Negri the Chief Minister shall tender the resignation of the members of the Supreme Council. On the 16th June 1966, the Governor of Sarawak (the first defendant) received a letter signed by 21 members of the Council Negri to the effect that the writers had no longer any confidence in the plaintiff, their Chief Minister. The Governor thereupon wrote and informed the plaintiff on the 16th June that from representations he had received he was satisfied that the plaintiff had ceased to command the confidence of the Council Negri and invited the plaintiff to resign. The plaintiff in his reply of the 17th June informed the Governor that the Governors views as to the loss of confidence of the members of the Council Negri in the plaintiff was not supported by the meeting of the Council Negri held on the 14th June and the plaintiff in the same letter requested that he be supplied with the names of the persons who had signed the representations. In reply to this letter the Governor in his letter of the 1966 2 MLJ 187 at 188 ame date informed the plaintiff that as the plaintiff had refused to tender the resignation of members of the Supreme Council in accordance with Article 7(1) of the Constitution of the State of Sarawak (although the plaintiff had ceased to have the confidence of a majority of the members of the Council Negri) he declared that the plaintiff and other members of the Supreme Council had ceased to hold office and appointed the second defendant as Chief Minister forthwith. The Governor also forwarded a list of the names of persons who had signed the representations as requested by the plaintiff. The plaintiff thereupon commenced proceedings against the Governor and the second defendant claiming the following reliefs: (a) a declaration that the Governor acted unconstitutionally when he declared on the 17th June that the plaintiff had ceased to hold the office of Chief Minister; (b) a declaration that the Governor should not have relieved the plaintiff from the office of Chief Minister on the ground of alleged loss of confidence in the plaintiff as Chief Minister: (c) a declaration that the purported dismissal of the plaintiff by the Governor was ultra vires, null and void; (d) a declaration that the plaintiff is and has been at all material times the Chief Minister of Sarawak and (e) an injunction restraining the second defendant from acting as Chief Minister. Held: (1) the Governor of Sarawak was limited by Article 6(3) of the Constitution of Sarawak to appointing as Chief Minister a member of the Council Negri who in his judgment was likely to command the confidence (and ap proval) of the Council Negri and therefore it followed by section 21 of the Interpretation Ordinance that only when the Council Negri had shown lack of confidence (and lack of approval) could the Governors power to dismiss, if it exists, be exercised. Under the provisions of the Sarawak Constitution ack of confidence may be demonstrated only by a vote in the Council Negri; (2) if the Constitution of Sarawak could be construed as giving to the Governor a power to dismiss the Chief Minister when he had refused to resign and failed to advise a dissolution then in this case the plaintiff was never given a reasonable opportunity to tender his resignation or to request a dissolution; (3) the purported dismissal of the plaintiff by the Governor was ultra vires null and void and judgment should be entered as prayed. Cases referred to Curtis Stovin (1889), 22 QBD 513 at page 517 Adegbenro Akintola [1963] 3 WLR 63 distinguished CIVIL SUIT distinguished TO Kellock, QC (TO Thomas with him) for the plaintiff. JG Le Quesne, QC (SE Teh and George Seah with him) for the defendants. HARLEY AGCJ (BORNEO) The plaintiff was appointed Chief Minister of Sarawak on 22nd July, 1963. On 14th June, 1966, there was a meeting of Council Negri at which, apart from the Speaker, plaintiff and twenty other members were present. Five members of the Sarawak United Peoples Party and one Machinda member, who normally behave as an opposition, were present among the total of 21 members. Of the 21 members, three were ex officio. Bills were passed without opposition on that day. One of the members present, Abang Haji Abdulrahim bin Abang Haji Moasili, who gave evidence in this case, was a supporter of the plaintiff on 14th June and indeed up to 16th June. He says that as from the evening of 16th June he would not have supported the plaintiff. The fact remains that there has never been a motion of no confidence put in Council Negri, nor has there been any defeat of a Government bill. On 14th June a letter was addressed from Kuala Lumpur to the Governor. It is accepted that this leter was signed by 21 persons who are members of Council Negri. (There are 42 members in all of Council Negri plus the Speaker. ) The author of the letter was Tan Sri Temenggong Jugah, Federal Minister for Sarawak Affairs (not a member of Council Negri). The letter reads as follows: Letter No. 1 TOP SECRET |c/o Y. B. Enche Thomas Kana,| |Dewan Raayat,| |Kuala Lumpur. | |14hb. Jun, 1966. | His Excellency, The Governor of Sarawak, The Astana, KUCHING. Your Excellency. We, the undersigned members of Council Negri Sarawak, beg to inform your Excellency that we no longer have any confidence in the Hon. Dato Stephen Kalong Ningkan to be our leader in the Council Negri and to continue as Chief Minister. 2. Since the Hon. Dato Ningkan has ceased to command the confidence of the majority of the members of the Council Negri, he is bound by article 7(1) of the Constitution of the State of Sarawak to tender the resignation of the members of Supreme Council. 3. We respectfully request your Excellency to take appropriate action under that article and to appoint a new Chief Minister pursuant to article 6(3) of the Constitution. |Yours faithfully,| |(Signed) T. JUGAH. | (A list of names was attached. ) In the list attached to this letter, 25 names are set out. Against 21 of these names are signatures (in one case the signature is a chop). This letter was never shown to the plaintiff until after court proceedings started. It was handed to the Governor (defendant 1) in Kuching on 16th June. The next letter from the Governors private secretary to the plaintiff reads as follows: Letter No. 2 ASTANA, KUCHING, SARAWAK. Ref: GOV/SEC/144 16th June 1966. To The Honourable Dato Stephen Kalong Ningkan, P. N. B. S. P. D. K. Chief Minister, Sarawak. Dato, I am directed by his Excellency to inform you that his Excellency has received representations from members 1966 2 MLJ 187 at 189 f Council Negri constituting the majority of the council, informing his Excellency, and his Excellency is satisfied, that you have ceased to command their confidence. 2. In order that the provisions under articles 7(1) and 6(3) of the Constitution of the State of Sarawak be complied with, his Excellency requires you r presence forthwith at the Istana upon receipt of this letter to tender your resignation. |I have the honour to be,| |Sir,| |Your obedient servant,| |(Signed) ABDUL KARIM BIN ABOL,| |Ag. Private Secretary to| |H. E. the Governor. | In answer to the above the plaintiff replied: Letter No. 3 |Chief Minister,| |Kuching,| |Sarawak. | |Malaysia. | |17th June, 1966. | Ref: CM 1/66 Ag. Private Secretary to His Excellency the Governor, The Astana, Kuching. Sir, GOV/SEC/144 dated 16. 6. 1966 I have the honour to refer to your above letter received by me late last evening and regret that I am temporarily indisposed and unable to present myself at the Astana last night. With deepest respect, the proceedings of the meeting of the Council Negri held on 14th June. 1966, do not appear to support his Excellencys view that I have lost the confidence of the majority of its members. In these circumstances, I shall be grateful if I may be supplied with the names of those council members who support the representations referred to in your letter. I shall be grateful if you will convey to his Excellency that, in my view, the proper course to resolve any doubts regarding my ability to command the confidence of the majority of Council Negri members is to arrange for the council to be convened in order that the matter can be put to the constitutional test. In addition to believing that this represents both the democratic course and the best one for Sarawak and Malaysia, it is one which I believe would receive the support of the majority of the people of this State and one whose out-come I would be prepared to abide by. |I am,| |Sir,| |Your obedient servant,| |(Signed) S. K. NINGKAN. | |Dato Stephen Kalong Ningkan,| |Chief Minister of Sarawak. | The vital letter comes next: Letter No. 4 ASTANA, KUCHING, SARAWAK. GOV/SEC/144 17th June, 1966. To The Honble Dato Stephen Kalong Ningkan, P. N. B. S. , P. D. K. Kuching Sarawak. Dear Dato, I have received your letter, Ref. CM. 1/66 dated 17th June 1966 in reply to my private secretarys letter sent to you yesterday. It is clear from the contents of your letter that you have refused to tender the resignation of the members of the Supreme Council in accordance with art. 7(1) of the Constitution of the State of Sarawak, although you have ceased to have the confidence of a majority of the members of the Council Negri. I, therefore, declare that you and other members of the Supreme Council have ceased to hold office with effect forthwith. 2. I am now appointing the Honble Penghulu Tawi Sli, A. B. S. Chief Minister of Sarawak with effect forthwith. 3. As requested, I forward herewith a list of the names of members of the Council Negri who have made representations to me in person that they have ceased to have confidence in you. |Yours sincerely,| Enc:|(Signed) TUN ABANG HAJI OPENG| |Governor. | The Governor is the first defendant in the present suit and the Honourable Penghulu Tawi Sli is the second defendant. Mr. Kellock has made the point that it was only in this letter and after the dismissal that the names were provided and the names that were provided are a list of 21 names and are the same names that appear on the letter of 14th June. Again on 17th June the plaintiff wrote: Letter No. 5 |Pangau Libau| |Kuching. | |17th June, 1966. | His Excellency the Governor, Tun Abang Haji Openg, S. M. N. P. N. B. S. , O. S. E. , Astana, Kuching. Your Excellency, I have received, with surprise, your letter (Ref: GOV/SEC/144) of todays date. It is not true that I have refused to tender my resignation the question of tendering my resignation did not arise until after I received a reply to my letter requesting for the names of the members of the Council Negri. It is clear from the list of the names forwarded to me that the majority of the Council Negri members are not against me, as 21 cannot be the majority of 42. With the utmost respect I have to inform your Excellency that if you appoint the Honble Penghulu Tawi Sli as Chief Minister you would be acting unlawfully and I will have no option but to question my removal in the court. |I am, Sir,| |Your obedient servant,| |(Signed) S. K. NINGKAN. | |(Dato Stephen Kalong Ningkan). | On 17th June the Sarawak Government Gazette Extraordinary announced: Document No. 6 No. 1117 THE CONSTITUTION OF THE STATE OF SARAWAK It is hereby published for general information that, with effect from the 17th day of June, 1966, the Honourable Dato Stephen Kalong Ningkan, P. N. S. S. , P. D. K. has ceased to be the Chief Minister of Sarawak 1966 2 MLJ 187 at 190 nd the following have ceased to be members of the Supreme Council:- The Honourable Date James Wong Kim Ming, P. N. B. S. The Honourable Dato Abang Othman bin Abang Haji Moasili P. N. B. S. The Honourable Dato Dunstan Endawi anak Enchana, P. N. B. S. The Honourable Dato Teo Kui Seng, P. N. B. S. No. 1118 THE CONSTITUTION OF THE STATE OF SARAWAK It is hereby published for general information that the Governor has, in exercise of the powers conferred upon him by article 6(8) of the Constitution of the State of Sarawak, appointed by Instrument under the Public Seal dated the 17th day of June. 1966 the Honourable Penghulu Tawi Sli, A. B. S. , to be the Chief Minister of Sarawak. The plaintiff claims: 1. A declaration of court that the first defendant as Governor of Sarawak acted unconstitutionally by not complying with the provisions of the Constitution of the State of Sarawak when he declared on the 17th day of June, 1966, that the plaintiff has ceased to hold the office of Chief Minister of Sarawak. 2. A declaration of court that the first defendant should not have relieved the plaintiff from the office of Chief Minister of Sarawak on the ground of representations made to him on the 16th day of June, 1966, by members of the Council Negri who preferred to boycott the session of the Council Negri on the 14th day of June, 1966, on the ground of alleged loss of confidence in the Chief Minister. 3. A declaration that his purported dismissal by the first defendant was ultra vires, null and void. 4. A declaration that the plaintiff is and has been at all material times Chief Minister of the State of Sarawak. 5. An injunction restraining the second defendant from acting as the Chief Minister of the State of Sarawak. Respecting this claim, the following articles of the Constitution are relevant: article 1, (1) and (2); article 5; article 6(1), (2) and (3); article 7(1), (2) and (3); article 10(1) and (2); article 11; article 13; article 14(1)(a) to (d) and (2); article 21(1) and (2); article 24(3); article 41(1) and (2); article 44(5). I need not set out all these articles, but would draw particular attention to the following: Governor of the State. 1. (1) There shall be a Governor of the State, who shall be appointed by the Yang di-Pertuan Agong acting in his discretion but after consultation with the Chief Minister. (2) The Governor shall be appointed for a term of four years but may at any time resign his office by writing under his hand addressed to the Yang di-Pertuan Agong, and may be removed from office by the Yang di-Pertuan Agong in pursuance of an address by the Council Negri supported by the votes of not less than two-thirds of the total number of the members thereof. Executive authority. 5. The executive authority of the State shall be vested in the Governor but executive functions may by law be conferred on other persons. The Supreme Council. 6. 1) There shall be a Supreme Council to advise the Governor in the exercise of his functions. (2) The Supreme Council shall consist of a Chief Minister and not more than eight nor less than four other members appointed in accordance with clause (3). (3) The Governor shall appoint as Chief Minister a member of the Council Negri who in his judgment is likely to command the confidence of a majority of the members of the Council Negri and shall appoint the other members in accordance with the advice of the Chief Minister from among the members of the Council Negri. (6) The Supreme Council shall be collectively responsible to the Council Negri. Tenure of office of members of Supreme Council. 7. 1) If the Chief Minister ceases to command the confidence of a majority of the members of the Council Negri, then, unless at hie request the Governor dissolves the Council Negri, the Chief Minister shall tender the resignation of the members of the Supreme Council. (2) A member of the Supreme Council may at any time resign his office by writing under his hand addressed to the Governor, and a member of the Supreme Council other than the Chief Minister shall also vacate his office if his appointment thereto is revoked by the Governor acting in accordance with the advice of the Chief Minister. (3) Subject to clauses (1) and (2), a member of th e Supreme Council other than the Chief Minister shall hold office at the Governors pleasure. Governor to act on advice. 10. 1) In the exercise of his functions under this Constitution or any other law, or as a member of the Conference of Rulers, the Governor shall act in accordance with the advice of the Supreme Council or of a member thereof acting under the general authority of the council, except as otherwise provided by the Federal Constitution or this Constitution; but shall be entitled, at his request, to any information concerning the government of the State which is available to the Supreme Council. (2) The Governor may act in his discretion in the performance of the following functions- (a) the appointment of a Chief Minister; (b) the withholding of consent to a request for the dissolution of the Council Negri. Procedure of Council Negri. 24. (1) (2) 3) Subject to clauses (5) and (6) and to clause (2) of article 41, the Council Negri shall, if not unanimous, take its de cision by a simple majority of members voting; and the Speaker or member presiding shall 1966 2 MLJ 187 at 191 cast a vote whenever necessary to avoid an equality of votes but shall not vote in any other case. Interpretation. 44. (1) (2) (3) (4) (5) The Interpretation Ordinance, as in force at the commencement of this Constitution, shall apply for the purpose of interpreting this Constitution and otherwise in relation thereto as it applies for the purpose of interpreting and otherwise in relation to a written law within the meaning of that Ordinance. Section 21 of the Interpretation Ordinance (Cap. 1) reads as follows:- Power to appoint includes power to dismiss. 21. Whenever any written law confers upon any person or authority a power to make appointments to any office or place, the power shall be construed as including a power to dismiss or suspend any person appointed and to appoint another person temporarily in the place of any person so suspended, or in place of any sick or absent holder of such office or place: Provided that, where the power of such person or authority to make such appointment is only exercisable upon the recommendation or subject to the approval or consent of some other person or authority, such power of dismissal shall only be exercisable upon the recommendation or subject to the approval or consent of such other person or authority. Section 2 (1) of the same Ordinance reads:- Application. 2. 1) Save where the contrary intention appears the provisions of this Ordinance shall apply to this Ordinance and to any written law now or hereafter in force made by competent authority in Sarawak and to any instrument made or issued thereunder. The following definition from the Interpretation Ordinance was not cited by counsel on either side: Governor in his discretion and Governor acting in his discretion mean that, in respect of the power concerned, the Governor shall not be obliged to consult with the Supreme Council in the exercise thereof. The main arguments for the plaintiff are that (a) the Governor has no power of dismissal, and (b) if he has a power or a discretion it must not be exercised arbitrarily or capriciously. The defence contends that there is no question of the Governors power being merely discretionary; in certain circumstances particularly where there are infractions of the Constitution for which no sanction or remedy is provided the Governor has not only a power but a duty to act. The defence further contends that lack of confidence describes a state of mind. (Article 7(1)). Whether a Chief Minister has or has not ceased to command the confidence of a majority is a matter for the Governors personal assessment. Moreover, the rules for the construction of statutes are very like those which apply to the construction of other documents, especially as regards one crucial rule, viz. that, if it is possible, the words of a statute must be construed so as to give a sensible meaning to them. The words ought to be construed ut res magis valeat quam pereat. (Curtis Stovin (1889), 22 QBD 513 at page 517). If the Chief Minister ceases to command the confidence of a majority of the members of th e Council Negri, then, unless at his request the Governor dissolves the Council Negri, the Chief Minister shall tender the resignation of the members of the Supreme Council. (Article 7(1)). The first question which arises is how the lack of confidence is to be expressed: can such lack of confidence be assessed only by a vote on the floor of the House (if I may use this word in its general application)? The Federal Supreme Court of Nigeria was of opinion that the constitutional method (in Nigeria) of measuring lack of confidence required a decision or resolution on the floor of the House. (Adegbenro Akintola [1963] 3 WLR 63 distinguished). The Privy Council took an opposite view and held that there was no limitation as to the material by which lack of confidence should be assessed. Does the same rule of construction apply in Sarawak as in Nigeria? I will not apologise for quoting at length from the case of Adegbenro v. Akintola, and I would draw attention at the start to the following passage (at page 72): there are many good arguments to discourage a Governor from exercising his power of removal except upon indisputable evidence of actual voting in the House . If one starts, as I think one should start, with the rule that a vote on the floor of the House is the normal test of lack of confidence, then one is in a better position to consider the exceptions to the rule. Now I cite from Adegbenro v. Akintola: By section 33 of the Constitution of Western Nigeria: (10) he Ministers of the Government of the Region shall hold office during the Governors pleasure: Provided that (a) the Governor shall not remove the Premier from office unless it appears to him that the Premier no longer commands the support of a majority of the members of the House of Assembly; Th e Governor of the Western Region of Nigeria, following upon the receipt of a letter signed by 66 members of the House of Assembly which was composed of 124 members stating that they no longer supported the Premier, the present respondent, removed him from office and appointed the appellant in his place. There had been no vote adverse to the respondent in the House prior to his removal. Thereafter, in proceedings instituted by the respondent challenging the Governors right to remove him, the following issues were referred by the High Court of the Western Region to the Federal Supreme Court of Nigeria pursuant to section 108 of the Constitution of the Federation: (1) Can the Governor validly exercise power to remove the Premier from office under section 33, subsection (10), of the Constitution of Western Nigeria without prior decision or resolution on the floor of the House of Assembly showing that the Premier no longer commands the support of a majority of the House? (2) Can the Governor validly exercise power to remove the Premier from office under section 83(10) on the basis of any 1966 2 MLJ 187 at 192 materials or information extraneous to the proceedings of the House of Assembly? The Federal Supreme Court answered the first question in the negative, thus holding that the respondent had not been validly removed from office, and found it unnecessary to answer t he second question. On appeal by the appellant Held (1) 2) There was nothing either in the scheme or provisions of the Constitution of Western Nigeria which legally precluded the Governor from forming his opinion on the basis of anything but votes formally given on the floor of the House. By the use of the words it appears to him in section 33(10) the judgment as to the support enjoyed by a Premier was left to the Governors own assessment and there was no limitation as to the material on which he might resort for the purpose. Accordingly, both the questions referred to the Federal Supreme Court should be answered in the affirmative. Decision of the Federal Supreme Court of Nigeria reversed. The judgment of their Lordships was delivered by Viscount Radcliffe: The question to which an answer has to be found is of obvious importance, but it lies, nevertheless, within a very small compass. Its decision turns upon the meaning to be attached to the wording of section 33(10) of the Constitution of Western Nigeria, read, as it should be, in the context of any other provisions of the Constitution that may legitimately influence its meaning. It is clear, to begin with, that the Governor is invested with some power to dismiss the Premier. Logically, that power is a consequence of the enactment that Ministers shall hold office during the Governors pleasure, for, subject to the saving conditions of provisos (a) and (b) that follow, the Governor has only to withdraw his pleasure for a Ministers tenure of office to be brought to an end. Where the Premiers office is concerned it is proviso (a) that limits the Governors power to withdraw his pleasure constitutionally, for by that proviso he is precluded from removing the Premier from office unless it appears to him that the Premier no longer commands the support of a majority of the members of the House of Assembly. By these words therefore, the power of removal is at once recognised and conditioned: and, since the condition of constitutional action has been reduced to the formula of these words for the purpose of the written Constitution, it is their construction and nothing else that must determine the issue. What, then, is the meaning of the words the Premier no longer commands the support of a majority of the members? It has been said, and said truly, that the phrase is derived from the constitutional understandings that support the unwritten, or rather partly unwritten, Constitution of the United Kingdom. It recognises the basic assumption of that Constitution, as it has been developed, that, so long as the elected House of Representetives is in being, a majority of its members who are prepared to act together with some cohesion is entitled to determine the effective leadership of the Government of the day. It recognises also one other principle that has come to be accepted in the United Kingdom: that, subject to questions as to the right of dissolution and appeal to the electorate, a Prime Minister ought not to remain in office as such once it as been established that he has ceased to command the support of a majority of the House. But, when that is said, the practical application of these principles to a given situation if it arose in the United Kingdom, would depend less upon any simple statem ent of principle than upon the actual facts of that situation and the good sense and political sensitivity of the main actors called upon to take part. It is said, too, that the support that is to be considered is nothing else than support in the proceedings of the House itself, and with this proposition also their Lordships are in agreement. They do not think, however, that it is in itself a very pregnant observation. No doubt, everything comes back in the end to the question what action the members of a party or a group or a combination are resolved to take in proceedings on the floor of the House; but in democratic politics speeches or writings outside the House, party meetings, speeches or activities inside the House short of actual voting are all capable of contributing evidence to indicate what action this or that member has decided to take when and if he is called upon to vote in the House, and it appears to their Lordships somewhat unreal to try to draw a firm dividing line between votes and other demonstrations where the issue of support is concerned. This, indeed, is the crux of the question that has now been raised. The respondent maintains, and it is implied in the decision that he has obtained from the Federal Supreme Court, that the Governor cannot constitutionally take account of anything in the matter of support except the record of votes actually given on the floor of the House. Consequently, it is said, his action in removing the first respondent from the Premiership on the strength, it appears, of the letter addressed to him by the 66 members of the House referred to and without waiting until there had been an adverse vote in the House itself was not within the powers conferred upon him by the Constitution. The difficulty of limiting the statutory power of the Governor in this way is that the limitation is not to be found in the words in which the makers of the Constitution have decided to record their description of his powers. By the words they have employed in their formula, it appears to him, the judgment as to the support enjoyed by a Premier is left to the Governors own assessment and there is no limitation as to the material on which he is to base his judgment or the contacts to which he may resort for the purpose. There would have been no difficulty at all in so limiting him if it had been intended to do so. For instance, he might have been given power to act only after the passing of a resolution of the House that it has no confidence in the Government of the Region, the very phrase employed in an adjoining section of the Constitution (see section 31(4), proviso (b)) to delimit the Governors power of dissolving the House even without the Premiers advice. According to any ordinary rule of construction weight must be given to the fact that the Governors power of removal is not limited in such precise terms as would confine his judgment to the actual proceedings of the House, unless there are compulsive reasons, to be found in the context of the Constitution or to be deduced from obvious general principles, that would impose the more limited meaning for which the respondent contends. Their Lordships have not discovered any such reasons. It is one thing to point out the dangers of a Governor arriving at any conclusion as to his Premiers support in the House except upon the incontrovertible evidence of votes recorded there on some crucial issue. There are indeed such dangers. Expressions of opinion, attitude or intention upon such a delicate matter may well prove to be delusive. He may judge the situation wrongly and so find himself to have taken a critical step in a direction which is proved to be contrary to the wishes of the majority of the House or of the electorate. Again, if he is not to rely on his Premier for advice as to the balance of support in the House, he is likely to find that he is in effect consulting indirectly the views of opposition leaders who may turn out in the event to be no more than an opposition: or he will find himself backing the political judgments conveyed to him by his own private advisers against the political judgment of the Premier himself. All these are real dangers which any Governor proposing to act under his power of removal would need to 1966 2 MLJ 187 at 193 bear in mind, since, if he ignores them, he would run the risk of placing the constitutional sovereign power, whose representative he is, in conflict with the will of the elected House of Representatives whose majority is for the time being expressed in the person of the Premier. Anyone familiar with the constitutional history and development of the United Kingdom would naturally dwell upon these aspects of the Sovereigns positions if he was invited to advise a Governor as to the circumstances and occasions upon which he could wisely exercise his power of removal. But, while there may be formidable arguments in favour of the Governor confining his conclusion on such a point to the recorded voting in the House, if the impartiality of the constitutional sovereign is not to be in danger of compromise, the arguments are considerations of policy and propriety which it is for him to weigh on each particular occasion: they are not legal restrictions which a court of law, interpreting the relevant provisions of the Constitution, can import into the written document and make it his legal duty to observe. To sum up, there are many good arguments to discourage a Governor from exercising his power of removal except upon indisputable evidence of actual voting in the House, but it is nonetheless impossible to say that situations cannot arise in which these arguments are outweighed by considerations which afford to the Governor the evidence he is to look for, even without the testimony of recorded votes. Another argument has been advanced to the effect that the Nigerian Constitutions are modelled on the current constitutional doctrines of the United Kingdom, and, since the British Sovereign would not be regarded as acting with constitutional propriety in dismissing a Prime Minister from office without the foundation of an adverse vote on a major issue in the House of Commons, so the Governor in Western Nigeria must similarly be treated as precluded from exercising his power of removal in the absence of a vote of the same kind. This approach to the matter appears to their Lordships to have had some influence upon the view taken by the majority of the Federal Supreme Court in this case, and, since it seems capable of conveying an implication that could be misleading in other situations apart from the present one, their Lordships wish to make two observations upon it. The first is that British constitutional history does not offer any but a general negative guide as to the circumstances in which a Sovereign can dismiss a Prime Minister. Since the principles which are accepted today began to take shape with the passing of the Reform Bill of 1832 no British Sovereign has in fact dismissed or removed a Prime Minister, even allowing for the ambiguous exchanges which took place between William IV and Lord Melbourne in 1834. Discussion of constitutional doctrine bearing upon a Prime Ministers loss of support in the House of Commons concentrates therefore upon a Prime Ministers duty to ask for liberty to resign or for a dissolution, rather than upon the Sovereigns right of removal, an exercise of which is not treated as being within the scope of practical politics. In this state of affairs it is vain to look to British precedent for guidance upon the circumstances in which or the evidential material upon which a Prime Minister can be dismissed, where dismissal is an actual possibility: and the right or removal which is explicitly recognised in the Nigerian Constitutions must be interpreted according to the wording of its own limitations and not to limitations which that wording does not import. it is in the end the wording of the Constitution itself that is to be interpreted and applied, and this wording can never be overridden by the extraneous principles of other Constitutions which are not explicitly incorporated in the formulae that have been chosen as the frame of this Constitution. In my view the Privy Councils judgment relating to the Constitution of Nigeria does not apply to the Constitution of Sarawak because of the following distinguishing features and circumstances: 1) In the Nigerian case it was mathematically beyond question that more than half the House no longer supported the Premier. (2) The measurement in Nigeria was a measurement of support, not of confidence. The Sarawak Constitution is dated subsequent to the decision of Adegbenro v. Akintola, and it does seem to me that the confidence of a majority of members, being a term of art, may imply reference to a vote such as a vote of confidence or a vote on a major issue. (3) In Nigeria it was not disputed that the Governor had express power to remove the Premier from office if he no longer commanded support. (4) In Nigeria the Governor had express power to assess the situation as it appeared to him. 5) In Nigeria all Ministers, including the Premier, held office during the Governors pleasure; although there was an important proviso to this. All the above five points were peculiar to Nigeria, and not one of them applies to Sarawak. These distinguishing features force me in the present case to a conclusion converse to the Privy Council decision. It seems t o me that by the provisions of the Sarawak Constitution, lack of confidence may be demonstrated only by a vote in Council Negri. Men who put their names to a Top Secret letter may well hesitate to vote publicly in support of their private views. The third of the five points listed above obviously requires further consideration. Has the Governor in Sarawak power at all to dismiss the Chief Minister? In considering this question, we may start with section 21 of the Interpretation Ordinance, the general effect of which is that where there is power to appoint (and it is not disputed that the Governor has power to appoint a Chief Minister) there is power to dismiss. However, where the appointment is subject to the approval of some other person the power of dismissal shall only be exercisable subject to the approval of such other person. If the appointment of a Chief Minister is subject to the approval of Council Negri, then by this section 21 dismissal also would be subject to its approval. Further, in principle, Council Negri should manage its own affairs. A Governor is limited by article 6(3) of the Constitution to appointing as Chief Minister a member of Council Negri who in his judgment 1966 2 MLJ 187 at 194 is likely to command its confidence (and approval): thereafter it follows, by section 21 of the Interpretation Ordinance, that only when Council Negri has shown lack of confidence (and lack of approval), can the Governors power to dismiss, if it exists, be exercised. Of course, if the Sarawak Constitution lays down that a Chief Minister may not be dismissed at all, then the defendants have no case and the Interpretation Ordinance cannot apply. The Sarawak Constitution does in fact direct in article 7(3) that all Ministers other than the Chief Minister hold office at the Governors pleasure. According to Mr. Le Quesne this means that Ministers other than the Chief Minister may be dismissed at the Governors pleasure, whereas the Chief Minister may only be dismissed for cause. If the cause for dismissal is limited to the case of an adverse vote, then this interpretation does not help defendants. In my view, however, the suggested interpretation is altogether false. Article 7(3) clearly means that the Governor may dismiss Ministers but may not dismiss the Chief Minister in any circumstances. A lot has been said about the duty and powers and discretion of the Governor. His paramount duty is to act in accordance with the advice of the Supreme Council or of a member thereof acting under the general authority of the Council. (Article 10(1)). There are two ccasions when the Governor has a discretion, that is, when he can act without, or even contrary to, the advice of the Supreme Council. Those occasions are in the performance of the following functions (a) the appointment of a Chief Minister; (b) the withholding of consent to a request for the dissolution of the Council Negri. (Article 10 (2)). As regards (a), nobody could be so foolish as to suggest that a Governor could appoint a second Chief Minister while there was still one in office. As regards (b), this probably has in mind a situation of splinter parties, as has been the case in France, when a general election could not be expected to show an overall majority for any one party. In Sarawak, it seems to me that a Chief Minister may advise a dissolution, even though he has not as yet lost the confidence of Council Negri. In such circumstances, the Governors refusal to dissolve might be conventionally unconstitutional, although not illegal. To revert to the comparison of the Constitutions of Sarawak and of Nigeria, these Constitutions are so different that a contrast in powers must be intended: in Sarawak the Chief Ministers dismissal is quite simply beyond the powers of the Governor. If the Constitution, however, should be construed as giving to the Governor a power to dismiss, that power can only be exercised and I think that this was conceded by Mr. Le Quesne when both a) the Chief Minister has lost the confidence of the House, and (b) the Chief Minister has refused to resign and failed to advise a dissolution. I have already dealt with (a); as regards (b), I do not think that the Chief Minister of Sarawak was ever given a reasonable opportunity to tender his resignation or to request a dissolution. He was never even shown the letter on which the dismissal was based until court proceedings started, although it is true that at the moment of dismissal a list of signatories was sent to him with the letter from the Governor dated 17th June that list and that letter were typed on the same date as the publication in the Gazette of the dismissal of the plaintiff, who was given no time at all to consider the weight or effect of the move against him. Plaintiff did not refuse to resign: he merely expressed doubts whether in fact he had ceased to command a majority and requested that the matter be put to the constitutional test. A word may be said on what is the position if a Chief Minister has in fact ceased to command the confidence of a majority, and yet refuses to resign. In this situation at least, Mr. Le Quesne claims that the Governor must have a right of dismissal; otherwise the Constitution would be unworkable. Mr. Le Quesnes argument in effect is: if there is a gap, it must be filled: if there is no express power to enforce the resignation of a Chief Minister, that power must by implication lie with the Governor. I do not agree that stop-gaps can be, as it were, improvised. In article 1 of the Constitution, a gap would appear to exist whenever the necessary address to remove the Governor is made to the Yang di-Pertuan Agong, and the latter refuses to dismiss him. Just because a Chief Minister or a Governor does not go when he ought to go is not sufficient reason for implying in the Constitution an enforcing power vested in some individual. It is, however, reasonable that in certain situations the courts could expound the Constitution by declaratory judgments. Articles or clauses to cover all situations need not be set out in a Constitution because the residue of discretionary power is left in the courts. Extraordinary situations do not often arise, and need not be met or considered until they do. Dicey has a whole chapter on The Sanction by which the Conventions of the Constitution are enforced. Chapter XV: the law of the Constitution: A. V. Dicey (10th edition) pp. 444 to 457. ) the nation expects that a Minister who cannot retain the confidence of th e House of Commons shall give 1966 2 MLJ 187 at 195 up his place, and no Premier even dreams of disappointing these expectations. (at p. 444) But the sanction which constrains the boldest political adventurer to obey the fundamental principles of the constitution and the conventions in which these principles are expressed, is the fact that the breach of these principles and of these conventions will almost immediately bring the offender into conflict with the courts and the law of the land. (at p. 445) the one essential principle of the constitution is obedience by all persons to the deliberately expressed will of the House of Commons in the first instance, and ultimately to the will of the nation as expressed through Parliament. (at p. 456) Of course, therefore, a Minister or a Ministry must resign if the House passes a vote of want of confidence. (at p. 457) Dicey is speaking of the British Constitution, but the same principles apply mutatis mutandis to the Constitution of Sa rawak. The constitutional way out both for a British Prime Minister and for a Sarawak Chief Minister is not by dismissal but by resignation. We need not speculate on what would happen if occasion arose for a resignation, and a Chief Minister refused to resign. In the instant case, the Chief Minister has not refused to resign, and there is no power to dismiss him. He has already indicated through his counsel that he was prepared to consider a dissolution and presently an election. That political solution may well be the only way to avoid a multiplicity of legal complications. Possibly all parties, and the people of this nation, in whom sovereignty is supposed to lie, will wish the same solution. In some political situations a judicial duty to rule upon the legal merits of the case may have to be accepted as an inescapable obligation. In an atmosphere highly charged with political tension the task of the judges may be acutely embarrassing, especially if they are called upon to decide between two claimants to legitimate political power, of whom one commands the effective means of imposing his will and the other is able to marshal equally or more persuasive legal arguments. (The New Commonwealth and its Constitutions: S. A. de Smith, p. 87) Embarrassing as it may be, my task is simply to interpret the written word of the Constitution. On such interpretation the case presented in the statement of claim is unchallengeable. There will be judgment for the plaintiff as prayed. Judgment for the plaintiff. law