Tuesday, December 24, 2019

America s New Way Of Learning Essay - 1398 Words

If you went to a new country knowing nothing about this country what would you do and how would you adapt? The first thing you would have to do is learn. Learning new things is much harder for older people. So how can people from New England come to America and teach children the new ways of learning. And it’s not just people from New England people from all over the world came to America. You had German, Scotch-Irish, French Huguenots, Welsh, Jews, Swiss and Highland Scots people all come to this new world. So now this new world has to figure out how they can all work together and learn from each other. The first American schools in the thirteen original colonies opened in the 17th century. Boston Latin School was one of the first public schools to open in America. Boston Latin School was established on April 23, 1635 in Boston, Massachusetts. The first tax-supported public school was opened in Dedham, Massachusetts, in 1644 and was run by Rev. Ralph Wheelock (Monaghan, E., 2005). Without buildings dedicated for teaching, communities had to organize financing for the construction of school houses, funding teachers’ salaries, and getting parents to agree to let their children spend the day in a schoolroom instead of helping at home. This last condition was sometimes impossible for poorer families, who needed their children’s help to survive. As a result, families often chose to become their own center of education. So if a child was to learn to read, write, or calculate,Show MoreRelatedEssay about Immigrants and Assimilation into American Society1202 Words   |  5 P agesSociety Several years ago, America was taught to be a melting pot, a place where immigrants of different cultures or races form an integrated society, but now America is more of a salad bowl where instead of forming an incorporated entity the people who make up the bowl are unwilling to unite as one. America started as an immigrant nation and has continued to be so. People all over the world come to America for several reasons. Most people come to America voluntarily, but very few come unwillinglyRead MoreImpact of Religion on American History to 1877934 Words   |  4 Pageshistorians believe America was formed on the basis of religion. In this research paper, I will illustrate the impact religion had on American History to 1877. Specifically, it will examine: 1) Major events impacting traditional religious beliefs in America, 2) Religious disputes which impacted land development, and 3) The impact religion had on slavery. Religion is closely tied to events like the Protestant Reformation and other religious movements. The Protestant Reformation of the 1500’s started aRead MoreEssay on Did Religion Impact American History?561 Words   |  3 Pagesbelieve America was formed on the basis of religion. In this research paper, I will illustrate the impact religion had on American History to 1877. 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All the way back to the time of Noah from the Bible. There have been many different styles, teaching and tactics of education. From learning the basics in the beginning ofRead MoreOrganizational Learning: Annotated Bibliography Essay1375 Words   |  6 PagesBond, 2006. Working with Barriers to Organizational Learning. Networking for International Development. Retrieved from: http://www.bond.org.uk/data/files/resources/467/Barriers-to-Organisational-Learning-.pdf Bond is the network for over 290 UK-based non-governmental organizations working in the international development and development education. The organization stresses the barriers to organizational learning as due to bias for action, failure to hold discussions, and lack of commitment

Monday, December 16, 2019

Separation of Powers Free Essays

The functions of the government are vast and varied. It is necessary to entrust these functions to specific organs, so that the responsibility for performing these functions may be effectively fixed. The division of governmental power under any constitutions may be of two kinds; the functional division such as legislative, executive and judicial and the territorial division of federalism. We will write a custom essay sample on Separation of Powers or any similar topic only for you Order Now Thus structurally considered government consists of three branches having for their functions (i) legislation or law meaning (ii) their execution or administration and (iii) interpretation of these laws. The three branches to which these functions belong are known as the Legislature, the Executive and the Judiciary respectively. Political liberty in a state is possible when restraints are imposed on the exercise of these powers. The functions of the government should be differentiated and assigned to separate organs to limit each section to its own sphere of action. So that these organs independently interact between themselves. This is what is known as the theory of separation of powers. Montesquieu, the celebrated French Scholar asserted that concentrated power is dangerous and leads to despotism of government. As a check against this danger he suggested to separate the functions of executive, legislature and the judiciary so that one may operate as a balance against the other. However Montesquieu was not the first scholar to develop the theory of separations of powers. Its origin can be traced back to Aristotle, the father of Political Science. Of course he did not discuss the issue in great details. He only analysed the functions of the three branches of government, the deliberative, executive and the judiciary without suggesting their separation. Besides many other philosophers at a later stage from thirteenth century onwards gave some attention to the theory of separation of powers. Jean Bodiri one of the earliest thinkers of the modern period sees the importance of separating the executive and judicial powers. But actually it acquired greater significance in eighteenth century. John Locke was one of the eighteenth century philosophers to pay greater attention to the problems of concentration of governmental power. He argued that the executive and legislative powers should be separate for the sake of liberty. Liberty suffers when the same human being makes the law and executed them. The Theory : Montesquieu, the noted political philosopher of France is regarded as the chief architect of the principles of Separation of powers. He in his book â€Å"The Spirit of Laws† published in 1748 gave the classic exposition of the idea of separation of powers. During his days the Bouborne monarchy in France had established despotism and the people enjoyed no freedom. The monarch was the chief law giver, executor and the adjudicator. The statement by Louis XIV that ‘I am the state’ outlined the character and nature of monarchial authority. Montesquieu, a great advocate of human dignity, developed the theory of separation of powers as a weapon to uphold the liberty of the people. He believed that the application of this theory would prevent the overgrowth of a particular organ which spells danger for political liberty. According to him every man entrusted with some power is bound to misuse it. When the executive and the legislative powers are given to the same person there can be no liberty. Because it is apprehended that the same person may enact oppressive laws to execute them whimsically. Again there is no liberty, if the judicial power is not separated from the legislature and executive. If the judicial and legislative powers are exercised jointly the life and liberty of the subjects could be exposed to arbitrary control; for the judge could then be the legislator. If it joined to the executive power the judges might behave with violence and oppression. If the same person or body of persons exercise these three powers that of enacting laws, executing them and of trying the cases of individuals, he maintained, that could spell the doom of the whole system of governance. In simple words Montesquieu’s view is that concentration of legislative, executive and judicial functions either in one single person or a body of persons results in abuse of authority and such an organisation becomes tyrannical. He argued that the three organs of government should be so organized that each should be entrusted to different persons and each should perform distinct functions within the sphere of power assigned to it. Disadvantages : Government is an organic unity. The various parts are closely interwoven. Therefore absolute separation of powers is both impossible and undesirable. In every modern government the executive has some kind of law making power to fill the gaps in the structure. Finer observes that rule making is no more or less than secondary legislation. The legislature in almost every country has to perform some judicial function by way of trying of impeachments. Maclver feels that this theory of separation of powers leads to isolation and disharmony. The various branches of the government tend to exhibit a sense of understanding and cooperation to achieve its end when they work together. But when they are separated to carry on exclusive work of their branch they become arrogant and refuse to work with other branches of government. This gives rise to lot of administrative complications. Every branch suffers from the vice of exclusiveness leading to loss of cooperation and harmony producing inefficiency of the government. The theory of separation of powers which upholds the system of checks and balances for the sake of equality of powers is based an wrong assumptions. It is not possible to accept the view that all organs of government mutually check each other. The theory also makes the mistakes in assuming that all the three branches of government are equally powerful. But precisely this is not the case. With the growth of positive states the legislature has been reduced to a subordinate position paving way for the executive supremacy which largely restricts and regulates the former. ‘Finally, the relationship between public liberty and separation of powers is not very significant. Liberty of the individuals largely depends on the psyche of the people, their outlook, the existing institutions, traditions, customs and political consciousness. The people of Great Britain are not less free than that of U. S. A. because there is less separation of powers in the former. Yet however the theory of separation of powers is not altogether without any significance. The complexity of modern society and the accepted concepts of a welfare a state demand more and more action and service on the part of the government. The crux of the problem of modern government is to find a synthesis combining the answer to two needs, the need for the welfare of the state and the need for freedom for the people. The welfare state assumes concentration of power on the executive level and consequently supremacy of the executive over the legislative branch. Of course it becomes alarming unless controlling and balancing devices are properly developed to keep pace with the ever changing face of the executive power. The doctrine of separation of powers from that point of view because more important today that perhaps any other time. Points to Remember Montesquieu developed the theory of separation of powers. He pointed out that the legislative, executive and judicial powers of government should be vested in three separate organs. They should not be concentrated in the hands of one man or a group of men. Advantages ) Separation of powers according to Montesquieu is the best guaran ­tee of the liberty of people. ii) Separation of power promotes efficiency in the administration. Criticism i) Complete separation of powers is neither possible nor desirable. ii) Separation of powers is likely to lead to inefficiency in adminis ­tration. iii) The theory is based on the supposition that all the three organs of the government are equality impor tant, but in reality it is not so. iv) Liberty of the people largely depends more on factors like their psyche, political culture, consciousness, and institutions than separa ­tion of powers this is sept of power How to cite Separation of Powers, Papers Separation of Powers Free Essays â€Å"The ‘separation of powers’ is incomplete within the current unwritten UK constitution. † The ‘separation of powers’ is doctrine of the UK constitution first termed by Montesquieu, a French political philosopher, in his 1748 book De l’esprit des lois (The Spirit of the Laws) he argues that there are three bodies of government – the executive, legislature and judiciary – which each have a discrete area of power with clear functions that no other body can imitate: this is true ‘separation of powers’. The purpose of which is to limit state power so that no element has an abuse of power hence protecting civil liberties. We will write a custom essay sample on Separation of Powers or any similar topic only for you Order Now By Montesquieu’s definition, the separation of powers is incomplete as there is clear overlap between the different branches of government, notably the legislative and executive. Contrastingly, the revisionist definition of the separation of powers as, remarked by Lord Bingham, claims that while the doctrine of the separation of powers is weak by the terms of the classic characterisation, â€Å"the separation between the exercise of judicial powers on the one hand and legislative and executive powers on the other is total or effectively so† This convincing revaluation of the separation of powers principle indicates that under the new â€Å"partial† definition, the separation of powers is a clear, complete doctrine in the UK unwritten constitution. By Montesquieu’s characterisation, the separation of powers is incomplete within the current constitution as argued by Bagehot. In The English Constitution, Bagehot asserts that there is a â€Å"close union, nearly complete fusion of the executive and the legislative powers† and claims the Cabinet act as the connecting link by which he defines as â€Å"a committee of the legislative body selected to be the executive body†. This violates a pivotal principle of the separation of powers doctrine, as stated by Vile, that the persons who compose these three agencies of government must be kept separate and distinct. Thus showing the separation of powers is incomplete within the UK constitution. Furthermore, the overlap of the legislative and executive is shown in the fact that government ministers are drawn from either of the Houses of Parliament; Also, up to 2005, the Lord Chancellor held a position in all 3 branches of government: a Cabinet Minister, a member of the House of Lords and head of the Judiciary. These instances violate a key principle of the ‘true’ separation of powers: that no individual can be a member of more than one branch. Furthermore, Courts legislate in the sense that they evelop principles of the Common Law thus undertaking the functions of both the judicial and legislative branch. This serves as evidence that, in accordance with Montesquieu’s belief, the separation of powers is incomplete within the UK constitution. However, the government has introduced legislation in order to limit the overlap between the different branches of government. In order to prevent the executive branch dominating Parliament the House of Commons Disqualification Act, 1975 limits the number of ministers who sit in the House of Commons to 95 persons. This restricts the influence of the executive branch on the legislative process thus further separating the roles of each branch. Also, the Constitutional Reform Act reduced the powers of the Lord Chancellor which was frequently criticised as violating the doctrine of separation of powers, as well as the European Convention of Human Rights, by exercising executive, judicial and parliamentary functions. The Act ended the Lord Chancellors role as Head of the Judiciary with the creation of a new position: the Lord Chief Justice; the Act also severed the direct link between the Lord Chancellor and the speaker of the House of Lords. This indicates a shift towards a more distinct separation of powers in line with the view of Montesquieu thus completing the doctrine within the UK constitution. It is possible to assert that in the UK constitution, it is impossible to have a complete separation of powers because if each branch regulated its own actions, it could potentially lead to an abuse of power and thereby could lead to the violation of the rights and liberties of the public. This has led to the development of a system of checks and balances whereby each branch can monitor the actions of the other branches while still being confined to their specified parameters of power. For example, the judiciary act as a check on the Government by hearing challenges to executive decisions in judicial review cases by which the claimant feels the decisions made by the government are unreasonable or indicate an abuse of power. Judges can also consider whether the Government, or Parliament, has acted in a manner compatible with the European Convention on Human Rights. For example, in Equal Opportunities Commission v Secretary of State for Trade and Industry [2007], the Equal Opportunities Commission claimed that the Government failed to comply with its obligation to implement Directive 76/207/EEC (the Equal Treatment Directive of the European Union) when attempting to amend the Sex Discrimination Act 1975, a claim which was upheld by the High Court. The system of checks and balances is an integral part of the ‘partial’ separation of powers as it limits the amount of power possessed by each branch to ensure there is no dominant faction however still potentially infringes on another bodies role thus defying Montesquieu’s concept. On the other hand however, in the Federalist Paper 47, Madison argues that Montesquieu â€Å"did not mean that these departments ought to have no partial agency in, or no control over, the acts of each other,† thus upholding the view that the separation of powers is complete within the UK constitution due to the operation of the checks and balances system. The checks and balances system also emphasises that judicial independence plays a pivotal role in the separation of powers in the UK constitution. Bagehot claims there is a near fusion of the legislative and executive branch therefore, it is essential that there is a check on the power exercised by these branches. The judiciary can effectively act as a check on the powers of the executive due to the Constitutional Reform Act 2010 which established a new Judicial Appointments Commission which ended the Lord Chancellor’s position as head of the judiciary and his power to appoint judges. Also, the creation of the UK Supreme Court assumed the power of the Appellate Committee of the House of Lords thus severing the connection between the judicial and legislative branches and indicating a shift towards a more independent judiciary. According to Lord Steyn, the constitutional principle of judicial independence within the doctrine of the separation of powers exists to prevent the rise of arbitrary executive power which, under the UK constitution, this system is total and effectively so. This statement supports the views of Lord Bingham as stated previously, which thus shows that though the English Constitution does not reflect the pure form of the separation of powers, it exists in a partial form whereby there is a clear separation between the judicial branch and the legislative and executive branches. To conclude, the conflicting definitions of the ‘separation of powers’ makes it difficult to evaluate the extent to which it is present in the UK constitution. If considering Montesquieu’s pure definition it is clear that the separation of powers is incomplete within the constitution, especially between the executive and legislative branches of government as supported by the arguments of Bagehot. However, considering the ‘partial’ doctrine, it is possible to assert that the separation of powers is very evident in the constitution especially considering the independence of the judiciary. Bibliography Bagehot, W (1873). The English Constitution. London: Chapman Hall. p48 Constitutional Reform Act 2005 [2005] s 2 De Secondat, Charles. Of the Laws Which Establish Political Liberty, with Regard to the Constitution. † In The Spirit of the Laws, Book XI. 1748. Accessed November 14,  2012. Director of Public Prosecutions of Jamaica v Mollison [2003] UKPC 6; [2003] 2 AC 411 at [13]. Elliott, Mark, and Robert Thomas. â€Å"The Constitution – Institutions and Principles. † Public law. Oxford: Oxford Universit y Press, 2011. p98. Equal Opportunities Commission v Secretary of State for Trade and Industry. Queen’s Bench Division (Administrative Court). 12 March 2007. Westlaw. [online]. Accessed 16 Nov. 2012. House of Commons Disqualification Act [1975] s 24(2)(1) Madison, J. (1788). The Particular Structure of the New Government and the Distribution of Power Among Its Different Parts. Federalist Papers. 47 Parpworth, Neil. â€Å"Separation of Powers. † Constitutional and administrative law. 7th ed. Oxford: Oxford University Press, 2012. p29. Vile, MJC (1998). Constitutionalism and the Separation of Powers. 2nd ed. Indianapolis: Liberty Fund. p14. ——————————————– [ 1 ]. De Secondat, Charles. â€Å"Of the Laws Which Establish Political Liberty, with Regard to the Constitution. In The Spirit of the Laws, Book XI. 1748. Accessed November 14,  2012. [ 2 ]. Director of Public Prosecutions of Jamaica v Mollison [2003] UKPC 6; [2003] 2 AC 411 at [13]. [ 3 ]. Bagehot, W (1873). The English Constitution. London: Chapman Hall. p48 [ 4 ]. Vile, MJC (1998). Constitutionalism and the Sep aration of Powers. 2nd ed. Indianapolis: Liberty Fund. p14. [ 5 ]. House of Commons Disqualification Act [1975] s 24(2)(1) [ 6 ]. Constitutional Reform Act 2005 [2005] s 2 [ 7 ]. Equal Opportunities Commission v Secretary of State for Trade and Industry. Queen’s Bench Division (Administrative Court). 12 March 2007. Westlaw. [online]. Accessed 16 Nov. 2012. [ 8 ]. Madison, J. (1788). The Particular Structure of the New Government and the Distribution of Power Among Its Different Parts. Federalist Papers. 47 [ 9 ]. Elliott, Mark, and Robert Thomas. â€Å"The Constitution – Institutions and Principles. † Public law. Oxford: Oxford University Press, 2011. p98. [ 10 ]. Constitutional Reform Act 2005 [2005] s 2 [ 11 ]. Parpworth, Neil. â€Å"Separation of Powers. † Constitutional and administrative law. 7th ed. Oxford: Oxford University Press, 2012. p29. How to cite Separation of Powers, Essay examples

Sunday, December 8, 2019

Curriculum Context Instructional Theory

Question: Discuss about theCurriculum Contextfor Instructional Theory. Answer: The curriculum theory is a laden with the normative. Several times, people confuse curriculum theory with learning theory, instructional theory or administrative theory, though each of these has distinct categories (Schiro, 2012). In the below paragraphs, two articles related to curriculum and curriculum theory in context of learning would be dicussed. In the article provided by Morris and Hamm (1976) it has been argued that curriculum theory is not unique, rather there are multiple curriculum theories. Even authors argued that there is no way to identify one curriculum theory to be the best or most appropriate in school settings compared to the others. Each of these has separate followers. Thus, it is important to understand what the key characteristics of the curriculum theory are. The first theory represented by the authors has an ontological basis, though it does not focuses upon teaching or learning rather only focuses upon the knowledge or the process, thus, this theory is not suitable for being implemented in the school settings, as teaching and learning processes are also important parts in determining students progress. The second theory focused upon the alternative structures of organizing knowledge. The third theory moved towards universal and the abstract representation. On the other hand, curriculum theory can be class ified on the basis of the curricular structures, for instance, in logical structure, the curriculum theory is systematically organized as a whole and based o the specialized disciplines. According to this theory, the transmission of logical learning through teachers promotes students effective learning. In case of conceptual structure, the descriptive rationale of internal mental process of jean Piagets theory is considered as the core of curricular theory. This theorys key strength is that it promotes hypothesis development. On the other hand, According to Bruner, both logic and psychology are crucial to develop curriculum theory, according to the cognitive structure; curriculum theory must be the part of learning and instructional theory. It is also supported by Bruner (1966) that developmental theory should be linked with the knowledge building as well as the theory of instruction. Authors claimed that Bruner also had a curriculum theory, which is dependent upon several factors, i.e. situation, human goals, hypothesizing and testing. On the other hand, empirical structure focused curriculum theory concentrated upon conservative assumption arguing that school needs to reflect the adult society. There are also others curriculum constructs based on different structures including biological or psychological structures or ethological ecological structure. Therefore, these different aspects of curriculum theory tell about the distinctiveness of the curriculum theory. Supporting the authors view, it has also been claimed by Schiro (2012) that the value of a curriculum theory should not rely on its specificity; rather on the question it is focused. Therefore, it can be interpreted from the article that the ideal curriculum theory should link with all the domains necessary in educational settings including learning, instruction and knowledge as well as curriculum development. The above article provided by Morris and Hamm (1976) has significantly discussed the classification of curriculum theory developed in different contexts and linked with the key construct of the curriculum development. However, the article provides information regarding different construct based on which the curriculum theory is development, but is unable to point proper characteristics needed for developing an ideal curriculum theory. In this context, authors significantly linked all the constructs of curriculum theory development with the key focus of it as well as it pointed out the key value of the curriculum theory that can be implemented in the school context. One limitation of the article is the lack of primary findings and the other one is the lack of proper resource indication in the literature. However, the authors significantly represented the content in a systematic way. In the next article by Cndido (2016) a primary study has been done for analyzing the teachers perception about the impacts of curriculum contents and of nonaccomplishment of school curriculum on students learning. Study represented that the Brazilian school system is suffering from the effects of morphological changes and of all adjacent social changes through some common pedagogical issues, which are expressed by exclusion in the school system. The authors focused upon the investigation, whether the learning problems are linked with the curriculum content and their nonaccomplishments. The article significantly selected the sample, i.e. the teachers of 9th grade students to identify their learning problems. Therefore, the paper significantly demonstrated its purpose and what is going to be done in the research, i.e. the perception of teachers regarding students learning problems related to the curriculum. Sample size was also defined by the authors with description. Authors significa ntly represented data gathered from the teachers, i.e. representing their perspective on the curriculum as well as students learning through the curriculum. The results revealed that 84 % teachers disagreed that students learning problems are related with the curriculum contents. On the other hand, 90 % teachers also disagreed that education reforms proposed changes to the school curriculum for improving the quality in education and students learning. On the other hand, others factors were also revealed by the authors, i.e. the data revealed that the experience of teaching does not have an impact upon their perception on the curriculum and learning problems relation. The data also revealed that the number of schools where teachers currently work also not influence their perception about the relation between the curriculum content and students learning issues (Pinar, 2012). On the other hand, the number of hours they teach everyday also shown no effect on teachers perception, although depending on the percentage of the expected curriculum contents, there is variation in the dependent variables pattern. This lack of relationship between two study variables can be justified through different phenomenon. Thus, the results did not helped in in-depth investigation of the possible explanations for the types of relations among curriculum and learning problems, assumed by teachers. Therefore, the article was unable to draw the linkage between the curriculum and learning issues, rather indicates that there is a need for better understanding of students cultural diversity, especially when democratizing education. These above two articles provided the essence of curriculum and curriculum theory and their importance in the learning context. Reference List Bruner, J. S. (1966).Toward a theory of instruction(Vol. 59). Harvard University Press. Cndido, H. H. D. (2016). The myth of curriculum impact in Brazilian education.Euro-JCS,2(2). Morris, R. C., Hamm, R. (1976). Toward a curriculum theory.Educational Leadership,33(4), 299-300. Pinar, W. F. (2012).What is curriculum theory?. Routledge. Schiro, M. S. (2012).Curriculum theory: Conflicting visions and enduring concerns. sage publications.