Precedent- Statutory Interpretation Essay Example | Topics and Well Written Essays - 2000 words

Precedent- Statutory Interpretation - Essay Example ferentiates the English Common Law system from Civil Law, where every case is tried based on a judge’s or jury’s interpretation of law at a particular time, regardless of the outcome of similar cases in the past. This begs one big question: Given that the judiciary has the task of interpreting laws and giving judgments when two or more parties do conflict; add to the fact that it is supposed to play a role that is separate from the legislature, has stare decisis effectively made English courts the rivals of Parliament in making laws? To be able to do that, let us examine the current rules of court in Britain. There are different rules of precedent for each court. There are cited as follows: (â€Å"Rules of precedent†, n.d.) Their Lordships regard the use of precedent as an indispensable foundation upon which to decide what is the law and its application to individual cases. It provides at least some degree of certainty upon which individuals can rely in the conduct of their affairs, as well as a basis for orderly development of legal rules. Their Lordships nevertheless recognise that too rigid adherence to precedent may lead to injustice in a particular case and also unduly restrict the proper development of the law. They propose, therefore, to modify their present practice and, while treating former decisions of this House as normally binding, to depart from a previous decision when it appears right to do so. In this connection they will bear in mind the danger of disturbing retrospectively the basis on which contracts, settlements of property and fiscal arrangements have been entered into and also the especial need for certainty as to the criminal law†¦.This announcement is not intended to affect the use of precedent elsewhere than in this House. Many people believe that the House of Lords is bound by the rules it set, but his statement has implied that the House of Lords is not really bound by its own decisions,

EMC Plc Strategic Management Essay Example | Topics and Well Written Essays - 4000 words

EMC Plc Strategic Management - Essay Example What’s more, existing companies have barriers to new entrants such established market strength and shares of the already established firms, cumbersome process of registration, high initial capital outlay, and developed brand loyalty amongst existing customers. As such, new entrants are likely to find it difficult to penetrate into such existing markets and industries calling for efficient and effective strategies. Regarding established industries and market, automotive industry and market is one of the deeply established with many players but controlled by few. Some of the great players within the industry include GM, Ford, Daimler, Chrysler, Toyota, Honda, Nissan, Peugeot, Renault, Hyundai Motor, Mazda, and Fiat amongst others (Nieuwenhuis & Wells, 2005; p 69). European Motor Company (EMC) operated as part of a large industrial conglomerate with interests in the aerospace, defence and medical sectors before is acquisition several years ago to an automotive group who made significant investment in the company for a few years. Nevertheless, the automotive group felt unable to support the business any further because of a rapidly declining market share. The following is an analysis of EMC Plc and the automotive industry. Main analysis of this paper focuses on both internal and external market factors. Attaining such an analysis is possible through various strategic management tools and models such as PESTLE, SWOT, Porter’s Five Forces, and Critical Success Factors that have so far been of importance to the organization. In addition, this analysis focuses on strategic direction of EMC Plc covering a period of 5 years (Nieuwenhuis & Wells, 2005; p 75). Such strategic direction employs the use of strategic defining tools and concepts such as mission, vision, overall target markets, strategic rationale, as well as financial objectives. The analysis winds up by providing strategic development and progress coupled with reflective portfolio. In order to attain these, the paper is divided into three parts with different sections. Part 1: Initial Strategic Position and Intentions 1.1 External and Internal Initial Situation Industries and firms face different factors both from within and outside. External environmental factors refer to those that business organizations and industries have no control over for instance, political, economical, socio-cultural, technological, legal, and environment. On the other hand, internal environmental factors are those that a firm or industry may control such as the strengths, weakness, threats, and opportunities (Watson & Head, 2009). The following discussion uses various tools to explain automotive industry’s environmental factors and their effects on EMC Plc’s operations. 1.1.1 PESTLE Analysis EMC Plc is likely to experience political, economical, socio-cultural, technological, legal, and environment as illustrated in Appendix 1(a). EMC Plc experiences political stability and advantages from various political factors such as degree of government involvement in business activities, the serene political atmosphere that European