The Doctrine of the Immunity of the Crown in the UK and India - Free Essay Example

INTERPRETATION OF STATUTES PROJECT ABSTRACT Statutes Affecting the Crown/State The general English rule is that the à ¢Ã¢â€š ¬Ã…“king is above the lawà ¢Ã¢â€š ¬Ã‚  and all statutes are meant for the subjects only and the crown is not bound by them. The rule of Common Law à ¢Ã¢â€š ¬Ã‹Å"Roy nà ¢Ã¢â€š ¬Ã¢â€ž ¢est lie per ascun statute, si il ne soit expressment nosmeà ¢Ã¢â€š ¬Ã¢â€ž ¢ meaning the statutes neither control the crown nor the rights or properties of the crown, unless expressly or by necessity or by implication is named so in the statute. The only safe rule to construct necessary implication is to read the statute as a whole and to see whether it is manifest from the very terms of the statute, that it was the intention of the Legislature that the Crown should be bound. This presumption extends not only to the crown but also to the Crownà ¢Ã¢â€š ¬Ã¢â€ž ¢s servants. The basis of this rule is to present an efficient and effective functioning of the ruler and his government for the welfare of the people. Historically Early authorities made attempts to lay down certain categories as to when the Crown was bound though not specifically named. These were: (i) Statutes for maintenance of religion, learning and the poor (ii) Statutes for suppression of wrongs (iii) Statutes that tend to perform the will of a founder or donor etc. This mode of construction had various flaws in it. It has been shown through many judicial decisions that without the Crown or the State being bound by a statute, the purpose of the statute would be wholly frustrated or would be meaningless. The rule in India à ¢Ã¢â€š ¬Ã‹Å"A statute applies to State as much as it does to a citizen unless it expressly or by necessary implication exempts the State from its operation.à ¢Ã¢â€š ¬Ã¢ „ ¢ This rule is consistent with the rule of law based on the doctrine of equality enshrined in the Constitution. Various exceptions have been provided through legislative practice in India and it has been established that the various legislatures provided specific exemptions in favour of the Crown whenever they intended to do so and did not rely upon any presumption. In certain circumstances the Common law rule was also applied, whereby the state was not bound as such but was made so by necessary implication. The application of the same rule wasnà ¢Ã¢â€š ¬Ã¢â€ž ¢t uniform. Research Question: This project attempts to analyze the laws and give examples of general exceptions to the doctrine that bind the Crown by express provisions or necessary implication and how the judiciary and the parliament, both in the UK and India, have interpreted this doctrine of the immunity of the crown over the years so as to provide an effective aid to statutory construction. Introduction The common law maxim à ¢Ã¢â€š ¬Ã‹Å"Roy nà ¢Ã¢â€š ¬Ã¢â€ž ¢est lie per ascun statute, si il ne soit expressment nosmeà ¢Ã¢â€š ¬Ã¢â€ž ¢ means that a statute does not bind the Crown unless the Crown has, by express terms or by necessary implication, been named therein. The rule in India has been held to be quite different, wherein general Acts apply to both the citizens as well as the State unless the statute, by express terms or by necessary implication, exempts the State from its operation. There is a consensus of judicial opinion that the common law rule is merely a rule of construction. It has been applied in the colonies and in the Commonwealth as the fact that unless the intention to be bound is apparent, the State or the Executive Government of the State is not bound by statute. It has also been applied in the United States as a rule of construction and the reason given by the Americans for application of the rule is that it is a policy to preserve an efficient and operational functioning of the Government for the public.[1] The present paper attempts to analyze the existing laws and provide examples of general exceptions to the doctrine that bind the Crown by express provisions or necessary implication and how the judiciary and the parliament, both in the UK and India, have interpreted this doctrine of the immunity of the crown over the years so as to provide an effective aid to statutory construction. The Common Law Rule It is the well-settled rule in England that a statute does not bind the Crown unless the Crown has been named in the statute expressly or by necessary implication. It has thus been described as the doctrine of Crown Immunity. Since the Queen in the Parliament with the purpose of regulating her subjects has made the Act, it obviously follows that unless a contrary intention is apparent, the Act will not bind the Crown itself. However, again, unless a contrary intention is made apparent, the Crown may take advantage of such an A ct.[2] In Willian v. Berkley,[3] Lord Plowden explained that when the king gives his assent to a statute, he does not intend to prejudice himself or to bar his own liberties and privileges, but rather, he assents to that fact that the Act be a law for his subjects.[4] This was a very old decision and hence a more modern explanation of the concept can be found in Lord Du Parcqà ¢Ã¢â€š ¬Ã¢â€ž ¢s opinion in the case of Bombay Province v. Bombay Municipal Corporation,[5] wherein he stated that it is the doctrine of common law that the Crown is not bound by any statute unless the Crown has been expressly named and that this rule is subject to one exception that if it is manifest from the terms of the statute that the legislature had intended that the Crown be bound, then the result is the same as that of the Crown being expressly named i.e. the Crown shall in such circumstances be bound by the statute. This is what is meant by à ¢Ã¢â€š ¬Ã‹Å"necessary implicationà ¢Ã¢â€š ¬Ã¢â€ž ¢. S o, it can be inferred from the assent of the Crown that it agreed to be bound by the provisions of the act.[6] In the early days, attempts were made to provide different situations where a statute would bind the Crown even though it was not expressly mentioned. In Magdalen College case,[7] Lord Coke attempted to lay down three types, or categories, of statutes where the State was bound even though it was not named. These included: (i) Statutes for maintenance of religion, learning and the poor, (ii) Statutes for suppression of wrong and (iii) Statutes that tend to perform the will of a founder or donor.[8] In Baconà ¢Ã¢â€š ¬Ã¢â€ž ¢s Abridgment it was stated that if an act of Parliament were made for the à ¢Ã¢â€š ¬Ã‹Å"public goodà ¢Ã¢â€š ¬Ã¢â€ž ¢ then the King would be bound by it even if he were not named.[9] However, there is an apparent problem with such a construction. In modern times, since all States are aiming to become à ¢Ã¢â€š ¬Ã‹Å"Welfare Statesà ¢Ã¢â€š ¬Ã¢â€ž ¢, all statutes passed by the legislature can only be said to be for the public good and if that is the case, then all statutes would bind the State and hence this would completely do away with the concept of Crown Immunity. This cannot be the case and hence a number of cases have held that the statutes, although for public good, still do not bind the State. Thus, it is the provisions of the statute in question or the Code of which the statute forms a part that will determine whether the Crown will be bound by the statute in which it has not been mentioned or not. This is the present law in England.[10] In Madras Electric Supply Corporation v. Boarland,[11] it was held that if the Crown has not been expressly named, then a term which is capable of including the Crown will be read as excluding it, unless a contrary intention manifests itself by necessary implication.[12] Thus in A.G. v. Hancock,[13] the word à ¢Ã¢â€š ¬Ã‹Å"personà ¢Ã¢â€š ¬Ã¢â€ž ¢ was held not to include the Stat e even though it was capable of including it. Thus we see that the only à ¢Ã¢â€š ¬Ã‹Å"safe ruleà ¢Ã¢â€š ¬Ã¢â€ž ¢ to determine whether the Crown can be bound by à ¢Ã¢â€š ¬Ã‹Å"necessary implicationà ¢Ã¢â€š ¬Ã¢â€ž ¢ is by reading the statute as a whole and to check whether it is manifest from the terms of the statute that the legislature intended the Crown to be bound.[14] In Bombay Province v. Bombay Municipal Corporation,[15] the question arose as to whether the provisions of the Bombay Municipal Act 1888 that authorized the Commissioner to carry water mains and municipal drains à ¢Ã¢â€š ¬Ã‹Å"through or under any land whatsoever in the cityà ¢Ã¢â€š ¬Ã¢â€ž ¢ would be applicable to Government land within the city? The Privy Council in deliberating how far the purpose of the statute was relevant in determining whether or not the Crown was bound by necessary implication stated as follows: à ¢Ã¢â€š ¬Ã…“the apparent purpose of the statute is one element, and may be an imp ortant element, to be considered when an intention to bind the Crown is alleged. If it can be affirmed that, at the time when the statute was passed and received the royal sanction, it was apparent from its terms that its beneficent purpose must be wholly frustrated unless the Crown were bound, then it may be inferred that the Crown has agreed to be bound. Their Lordships will add that when the Court is asked to draw this inference, it must always be remembered that, if it be the intention of the Legislature that the Crown shall be bound, nothing is easier than to say so in plain words.à ¢Ã¢â€š ¬Ã‚ [16] Thus, the presumption of immunity can only be rebutted if on reading the statute as a whole, the purpose of the statute would be wholly frustrated if the statute did not bind the Crown. The House of Lords in Lord Advocate v. Dumbarton District Council[17] fully accepted the decision of the Privy Council in the Bombay Municipal Corporation case. In this case, the House of Lord s held that the Crown was not bound by the Roads (Scotland) Act 1947 and the Town and Country Planning (Scotland) Act 1972 because the Crown was not expressly or by necessary implication included in these acts and hence the claims of the local planning authority and local highway authority that work undertaken and encroachment of the Highway were in contravention the said Acts were dismissed.[18] Despite the rule, the immunity of the Crown has been affected by some other factors. For example, s.1 of the Crown Proceedings Act 1947 permits the Crown to be prosecuted directly in those circumstances where preceding the Act, a claim might have been implemented by petition of right. Also, s.2 of the same Act authorizes actions to be brought against the Crown with regard to torts committed by its servants or agents for any breach of its duties that gives rise to tortious liability.[19] The rule though still applicable in England, has received great criticism. In his book on Crown Pro ceedings, Glanville L. Williams has stated that the rule had emerged in the Middle Ages, when maybe there was some justification for the rule, but it has survived merely due to vis inertiae. It is very difficult to apply the rule as well. In modern times, with the increase in Stateà ¢Ã¢â€š ¬Ã¢â€ž ¢s activities as well as the increase in the number of employees of the State, as well as the novel idea in the Crown Proceedings Act that the State should be widely held accountable to the law, it should be the presumption that the State is bound by statutes rather than it is not.[20] Position of Law in India The Supreme Court of India in the case of State of West Bengal v. Corporation of Calcutta,[21] held that the common law rule of construction with regard to statutes affecting the State was not accepted in India even prior to the Constitution. With regard to the Privy Council decision in the Bombay Municipal Corporation case, the court stated that the rule was applied as a conce ssion made by the Council and that it was established and clear from the legislative practices in India that the Indian legislature would provide express exemptions in cases where the State was not to be bound by a statute and that in all other cases the State was bound. Therefore, the Indian legislatures did not rely on any presumption as the common law did, but rather, they relied only on express exemption. The Court further held that the Common Law rule had no application or significance to a democratic republic like India as it was based on the privilege of the Crown. It was inconsistent with the doctrine of equality as laid down in the Indian Constitution.[22] Thus, as a result of this decision, in India, general Acts apply to both the citizens as well as the State unless the statute, by express terms or by necessary implication, exempts the State from its operation. Whether the State has in fact been exempted by necessary implication from being bound by an Act depends on th e fair construction of the Act in question. In this case, Bachawat J. observed that: à ¢Ã¢â€š ¬Ã…“Particular care should be taken in scrutinising the provisions of a taxing or a penal Act. If the application of the Act leads to some absurdity, that may be a ground for holding that the State is excluded from its operation by necessary implication. If the only penalty for an offence is imprisonment, the State cannot be convicted of the offence, for the State cannot be locked up in prison. If the penalty for the offence is fine and the fine goes to the consolidated fund of the State, it may be presumed that the penal provision does not bind the State, for the legislature could not have intended that the State will be the payer as well as the receiver of the fine. Presumably, the Union is not bound by the Central Income-tax Act because if it paid income-tax, it will be both the payer and the receiver. Likewise, a State is prima facie not bound by a State Agricultural Income-tax Ac t where the tax is receivable by it. Moreover cases may conceivably arise where express provisions in a statute binding the State in respect of certain specific matters may give rise to the necessary implication that the State is not bound in respect of other matters.à ¢Ã¢â€š ¬Ã‚ [23] In this case, the State of West Bengal was carrying out trade without a license and without paying the fee as required under s.218 of the Calcutta Municipal Act 1952. According to s.541 of the Act, these offences were punishable with a fine that was to be collected by the Corporation. The court held that the State was bound by this Act because the fine recovered would not go to the Consolidated Fund of the State but to the Corporationà ¢Ã¢â€š ¬Ã¢â€ž ¢s fund and hence there was no implication in the Act that the State should not be held liable for the offence.[24] In Union of India v. Jubbi,[25] the question arose as to whether s.11 of the Himachal Pradesh Abolition of Big Landed Estates and La nd Reforms Act 1953 applied to cases where the Government was the landlord. The section provided the tenants with the right to procure the interests of landlord on payment of compensation. The court held that it would apply even when the Government was the landlord because there was nothing expressly or by necessary implication mentioned in s.11 that exempted the State. Further, since the basis of the Constitution is founded on equality and absence of arbitrary discrimination, the presumption would be that the law that seeks to provide the tenant with security of tenure should bind all landlords no matter whether the landlord is the Government or not.[26] There have been a number of instances when the judiciary has stated that the State is in fact bound by certain legislations even though it is not mentioned in the Act itself. Some instances are as follows: In Samatha v. State of Andhra Pradesh,[27] the word à ¢Ã¢â€š ¬Ã‹Å"personà ¢Ã¢â€š ¬Ã¢â€ž ¢ in the Andhra Pradesh Schedul ed Area Land Transfer Regulations 1959, that prohibits a à ¢Ã¢â€š ¬Ã‹Å"personà ¢Ã¢â€š ¬Ã¢â€ž ¢ from transferring land to non tribals, was held to include State and hence prohibited transfer of government land to non tribals. This is in clear distinction to the decision of the House of Lords in the case of A.G. v. Hancock as discussed earlier. In State of Bihar v. Sonabati Kumari,[28] the supreme court held that if a temporary injunction is disobeyed by the State, then property of the State is liable to be attached as under Order 39 Rule 2(3) of the Code of Civil Procedure. Thus, it held that the State was bound by the CPC just as any other citizen. The court in the case of Municipal Corporation of Amritsar v. Senior Superintendent of Post Offices,[29] held that unless the Parliament provides otherwise, property of the Union is exempt from taxation imposed by a state law as per A.258 of the Constitution. The court in Lucknow Development Authority v. M.K. Gupta,[30] stat ed that the Consumer Protection Act applies to the State just as it applies to any other citizen because the Act does not expressly or impliedly indicate that the State should be excluded from the purview of the Act. In cases of Welfare Legislations, even where the act does not apply to the Government, an agent or instrumentality of the Government, which is not even a department of the Government may be bound by the Act. In Hindustan Steel Works Construction Ltd. v. State of Kerala,[31] a company that was fully owned by the Central Government was held to be bound by the Kerala Construction Workers Welfare Funds Act 1932 although the act was not applicable to the Central Government. Conclusion Through the above the discussion, the difference between the Common Law and the law in India when it comes to interpretation of statutes affecting the crown or the state, can be seen. While the common law works on a presumption of immunity of the crown, the Indian law is applicable to the State just as it would be applicable to any other citizen. The evolution of the law and principles over the years has been developmental and progressive and the rules have proved to be efficient external aids to interpretation. [1] GP Singh, Principles of Statutory Interpretation (12th edn, Lexis Nexis Butterworths Wadhwa Nagpur 2010) 726-727. [2] Francis Bennion, Bennion on Statutory Interpretation (5th edn, Lexis Nexis 2008) 206. [3] [1561] 75 ER 339 (KB). [4] Willian v. Berkley [1561] 75 ER 339 (KB) 240. [5] AIR 1947 PC 34. [6] Bombay Province v. Bombay Municipal Corporation AIR 1947 PC 34, 35. [7] Magdalen College, Cambridge Case (1616) 11 Co Rep 66b. [8] ibid. 70b, 72a, 73b. [9] Matthew Bacon, A New Abridgment of the Law (7th edn, A Strahan 1832) 462. [10] Halsburyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Laws of England vol 36 (3rd edn, Lexis Nexis 1952) 431. [11] (1955) 1 All ER 753. [12] Madras Electric Supply Corporation v. Boarland (1955) 1 All ER 753, 759. [13] (1940) 1 All ER 32. [14] Singh (n 1) 728. [15] AIR 1947 PC 34. [16] Bombay Province v. Bombay Municipal Corporation AIR 1947 PC 34, 36. [17] (1990) 1 All ER 1. [18] Lord Advocate v. Dumbarton District Counc il (1990) 1 All ER 1, 9, 10, 15. [19] Singh (n 1) 730. [20] Ibid. 731-732. [21] AIR 1967 SC 997. [22] State of West Bengal v. Corporation of Calcutta AIR 1967 SC 997, 1008. [23] Ibid.1020. [24] ibid. [25] AIR 1968 SC 360. [26] Union of India v. Jubbi AIR 1968 SC 360. [27] AIR 1997 SC 3297. [28] AIR1961 SC 221. [29] (2004) 3 SCC 92. [30] AIR 1994 SC 787. [31] AIR 1997 SC 2275.

How Children Carry the Weight of Child Abuse Essay examples

The spirits of children are shattered, tender hearts broken with words, and precious bodies riddled and limp from abuse. Eyes that should glisten with wonder and excitement are enveloped with dismay and destruction. Fathers physically beat their little girls. Mothers leave newborns in locked cars, and some parents degrade their children with verbal daggers. Child abuse is much more serious than people want to believe. Child abuse comes in different forms: neglect, physical, and verbal abuse. But what are even more serious are its effects: inability to properly function in society, fear of trust, and a broken self-esteem. We should all be there to help these children, by holding their hands, or even giving them a sincere smile. First,†¦show more content†¦The neglect first administered by their parent or parents stays a part of their life. I remember when I was about seven or eight years old, my older sister had a dance recital that had been planned for weeks. The day of the recital my parents had a fight, but before my dad left he promised my sister he would be there. My mom, my sisters, and I went to the recital; we waited, called him, and even looked around for him, but he never showed up. My sister felt that my dad was mad at her and that is why he didnt show up at the recital. She was heartbroken and to this day still has a hard time relying on my father. He made her feel as if he didnt care. This incident created a weight on her shoulders, which can be seen in her inability to keep friends. She is always worried that people arent going to be there for her when she really needs them and states that the only person she can count on is herself. For you see, she doesnt believe that people really care about her and that it is all just a show. Children remember many things when they are little and the things their parents dont do for them are the hardest to forget. 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Universal Education - 1508 Words

11 important Problems of Universalization of Education and their Remedies SWASTIK Universalization of Elementary Education is Constitutional directive. Education is every bodys birth-right and it is binding on any government to provide facilities for education for children who are born and reach the school-going age. It was stipulated to achieve Universalization within 10 years from the introduction of Constitution and that is by 1960. But it is now more than three decades after the scheduled time. Now the problems with certain possible remedies to solve them have been discussed as follows: (1) Faulty Policy of Government: The constitutional directive is that states shall endeavour to provide free and compulsory education to all children†¦show more content†¦The condition of Scheduled areas is still more miserable. The hilly and impassable jungle areas with very poor communication and transport facilities fail to attract the present day luxury-loving young men. 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Messer (2000) argues that because babies have not yet had any formal education and are very young to learn a language so quickly. Chomsky’s contemporary theory is a natural process and his research shows that children are born with an innate universal grammar called Language Acquisition Device (LAD), (cited in Lund, (2003) p.57). His research takes into consideration that the adult language is so complex and

Similar Ideas Presented in Blade Runner by Ridley Scott...

Bound by different contexts, authors often use a popular medium in order to depict the discontent of the ideas of society. This is evident in the module Texts in Time; as Blade Runner, having been written more than one hundred years after Frankenstein is still able to reflect the ideas proposed in the latter. Blade Runner by Ridley Scott deals with the effects of globalisation and consumerism during 1980’s. Alternatively, the epistolary novel Frankenstein by Mary Shelley deals with the kinship to the natural world set in the Romantic Era and enlightenment period. However Blade Runner, although subjected by a different context, also portrays a similar idea to Frankenstein; the fear of science and technology coupled with the value of the definition of a human. Through this commonality, we are able to utilise the values of Blade Runner in order to truly understand Shelley’s purpose. During the 1980’s, the increasing amount of industrialisation brought about a new period in time, the Industrial Revolution. Literally revolutionising the world, the Industrial Revolution changed the way the world was perceived, no longer an agricultural based society but instead one overrun with globalisation and consumerism. Scott portrays this in an overindulged manner, looking at the extreme effects to long time globalisation and consumerism. As depicted in the film, the city is subject to a constant downpour of rain surrounded by numerous skyscrapers that effectively block out the view ofShow MoreRelatedFrankenstein and Blade Runner Essay (Contexts and Representation)1792 Words   |  8 Pagesrepresentation of similar content in the texts Frankenstein and Blade Runner. Mary Shelley’s Frankenstein and Ridley Scott’s Blade Runner, whilst separated by 174 years, feature very similar content which can be seen by comparing the two side by side. Coming from different contexts, they both express their anxieties about technology, which is shown through a man made creature, and they both exhibit a strong valuing of nature. However due to their different contexts, these ideas are represented differently

Humans Have A Lot Of Influence On The Environment. Cutting

Humans have a lot of influence on the environment. Cutting down the trees, using up water, and polluting the air has been a common effect by humans. Not only do they hurt the environment, but also they hurt the animals they are living with too. The trash can end up in the oceans which harms the animals that live there. Marine debris can be characterised as any solid material that is disposed into the marine environment or Great Lakes (). Putting waste in the waters is sadly a common everyday thing. Marine debris can cause serious harm to the animals. They can cause rubbing, breaking, and smothering onto habitats in the water which are very critical to the animals living there(). The debris can also tangle up the poor dolphins, seabirds,†¦show more content†¦Beachgoers, the ones that love to be in the sun, love to go into shores. Marine debris trashes the beaches everyday and can pose threats to the loving beachgoers that just want to have fun. Beachgoers can reduce this problem by throwing the trash away, and going out and volunteering to help minimize these wonderful sites. Beachgoers would not be themselves if they did not have the ocean. They can help protect their loving sea. Another very important stakeholder are fishers. Fishermen and women love the ocean to fish. There are a lot of generation on generation of fishermen. Marine debris can alter their fishing skills. The debris can get in the way of fishing. Also, the debris can kill the fishes off. The fishermen won’t be able to enjoy fishing because the fishes will already be dead. There are ways to stop this dangerous waste. One way we could stop it is cleanup the ocean areas. Join a volunteer group or even make your own volunteer and pick up the dangerous litter that floods the seas. You do not have to do an eight hour day, seven days of week kind of thing. You just need to volunteer for a couple of hours. If you have a lot of friends, family, and community helping you, you will be able to see a lot of differences throughout the weeks. It’s such a small act, but doing small thing will sooner or later lead into a big outcome. Another thing people could do is just educate citizens about the problem. Have teachers take a time outShow MoreRelatedFactors Affecting Human Intelligence1786 Words   |  7 PagesFactors affecting the human intelligence Factors affecting the human intelligence Nature and nurture play a significant role in determining the life of people with regard to their intelligence level. Intelligence is the unique way in which a person can be able to come into an understanding of problems mentally, respond to them and replicate the surrounding he exists. Human intelligence is determined by two main factors which have caused great debate for years. 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The major human activity thatRead MoreBuilding A Working Environment For A Small Coffee Shop Essay1221 Words   |  5 Pagesworking environment for the staff as comfortable as possible. As a consultant, explain how this can be done by addressing the relevant grading criteria. Introduction I am hoping to convert this railway station into an office with a small coffee shop also in the building. The railway station is very old and hard to heat, so there will have to be a large amount of work done to make the building a nice place for people to work. 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Embryonic Stem Cells - 615 Words

Christopher Reeve, better known as superman, was not only an actor, but also an athlete and an adventurer. On two separate occasions, he flew an airplane sole across the Atlantic Ocean. On Memorial Day weekend in 1995, Chris rode his horse, Buck, to the starting box of a cross-country race in Virginia. Chris had trained and raced horses for almost ten years, so he felt the course ahead of him would be easy. But what Chris did not see coming was just as he and Buck approached the third jump, Buck would come to a sudden stop, sending Chris over the jump. He landed directing on his head, fracturing two vertebrae in his neck. From that day on, he was completely paralyzed. At the time, there was no known treatment, no medication, and no surgery to fix his damaged spine. For the rest of his days, Chris raised money and awareness for research into spinal cord injuries. One of the topics he pushed for was embryonic stem cell research. Christopher Reeve died on October 10th, 2004, never fulfi lling his goal to walk again. But if he had gotten the support and funding for stem cell research, his story might have ended differently. Embryonic stem cell research should be funded in the U.S because it could lead to the treatment to many diseases, there are other sources of stem cells, but they are limited to their use, and the eight-celled blastocysts cannot grow any further to form a baby, so it is not harming living human beings. Embryonic stem cells are unspecialized cells with theShow MoreRelatedEmbryonic Stem Cells Or No?1006 Words   |  5 PagesEmbryonic Stem Cells or No? Did you know that since 1981, researchers have been removing embryonic stem cells from thousands of embryos to create cells that could potentially save people from diseases? How many patients do you think this has helped since then? Hundreds? Thousands? Wrong. In fact, not one â€Å"cure† has been found to help people with Parkinson’s, cancer, heart disease and so many more rare diseases that it is said to be able to help. Embryonic stem cell research has been an issue inRead MoreThe Human Embryonic Stem Cells910 Words   |  4 Pagesof human embryonic stem cells, scientists have had high hopes for their use in treating a wider variety of diseases because they are â€Å"pluripotent,† which means they are capable of differentiating into one of many cell types in the body. However, the acquisition of human embryonic stem cells from an embryo can cause the destruction of the embryo, thus raising ethical concerns. 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StemRead MoreThe Ethics Of Embryonic Stem Cells1201 Words   |  5 Pages Problem The society is not at an agreeable point when it comes to the research of stem cells obtained from human embryos. The disagreement narrows down to a clash between the two fundamental principles of ethics: The duty to prevent and alleviate suffering, and the duty to respect the value of human life. In most situations, both principles can be satisfied. However, in the research of embryonic stem cells, it might not be inherently possible. Generally, the clash between the two principles isRead MoreThe Debate Of Embryonic Stem Cells960 Words   |  4 PagesEmbryonic stem cells have the ability to grow into any type of cell that your body contains and can potentially aid in curing diseases and or repair many essential things in your body such as a kidney or a lung. 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Entrepreneurship and Business Concept Innovation-Free-Samples

Question: Discuss about the Entrepreneurship and Innovation. Answer: Introduction: Term entrepreneurship is somehow complex and most of the time guided into the wrong direction but basically, entrepreneurship refers to the new imagination in new ways to resolve the problems and to create a new value which makes sense. The concept of entrepreneurship has much broader sense than only to create a new business.. Entrepreneurship is the real part of a business that can change the business into the successful stages(Chatterji, 2014). On other hand, innovation is the term that can be described as a transformation of an idea into the reality that precipitated the value for which consumers will pay. Both the innovation and entrepreneurship are important to make the business unique, interesting and a successful business always make the structure with blending these two terms. Comparative view of entrepreneurship and innovation will be described in this paper. Similarities and differences between the entrepreneurship and innovation will also be defined. Importance of these tw o in the economic and social context will also be described properly for better understanding. There is a difference between business owner and entrepreneurship, business owner basically involved in organizing the business structure and to calculate the profit but entrepreneurship can be considered as a leader who guides the whole process properly to gain the uniqueness. A true entrepreneur has many characteristics which turn them as a unique and generous person such as a true entrepreneur learn from others failure, has problem solving attitude, passionate, intellectual and broad-minded to (Drucker, 2014),. It can be said that entrepreneurship is a vast concept in business but (Maritz, 2015) stated that every person has a tendency and have a nature to become an entrepreneur but entrepreneurship cannot be achieved, it is the term that can be earned. On another hand, innovation is an inborn nature although the difference between entrepreneurship and innovation cannot be extracted easily, innovation is the idea that can be turned into the reality(Souto, 2015).Innovation is much needed to create something new in business, which provides satisfaction to the customers in a new way, and also make the profit for the company. According to the Risk Bearing Theory of Knight based on the economic principle, the entrepreneur is the only person who can take the risk and can draw profit from it. Entrepreneur act as a future anticipating person who can see the future and profit is the reward of the taken risks(Obrinsky, 2015). Challenges can be of different types but an entrepreneur can anticipate the possibilities of success from it. The economy is mainly composed of business and enterprises because business has the ability to change with the demands and provide the exact solution. Entrepreneurship gives the financial support and gain and makes the economy running. This is the main reason behind the emergence of innovation in entrepreneurship. Importance of innovation is much needed to produce new products and in economy, demands for new products are always high(Karlsson, 2014). An entrepreneur is the man who is dreaming about something new and here the term innovation is justified because without innovation it is not possible to achieve the competitive advantages in the market. Innovation is the key factor, which determines the longevity and durability of the business. Entrepreneurship and innovation have started with the market needs and innovation with entrepreneurship mixed up to provide the suitable solution. The most important criterion to be a successful entrepreneur is the sincerity about the current trends and innovation is grown or structured completely following the trends. Entrepreneur realizes the needs and come up with the innovation maybe it is a product or maybe it is a service but successful innovation allows the company to gain in business and durability comes through combination of entrepreneurship and innovation. Innovation and entrepreneurship have been highly related to each other because the success of the company depends on how much an entrepreneur innovates, intensity, the capability of an entrepreneur to innovate and many more(Wu, 2015). An entrepreneur is the dreamer who innovates every time and has the ability to produce new products, which can ease the daily life of the customers. Innovation occurs in every level within an organization and the companies always want something new also from their employees. Importance of innovation in comparison with entrepreneur can be measured through the competition. In oligopoly market, innovation is much needed to stay in the market because competitors pressure is high(Kuratko, 2015). Innovation can be the only solution and entrepreneur is the only man that can push the company to achieve the competitive advantages. Determinants of entrepreneur and innovation are also related interestingly because sometimes entrepreneurship fails to innovate properly and reason can be anything but the issue is that the innovation fails. Entrepreneur sometime assumes unrealistic idea which leads them toward the unsuccessful innovation. It is essential for an entrepreneur to build the idea which is relevant to the market. Unrealistic innovation can discourage the entrepreneur. Entrepreneurship is the concept where entrepreneur is taking the risk but risk can diversely affects the entrepreneurship(Schaper, 2016). This type of uncertain, uncalculated risks devastates innovations and entrepreneur is completely responsible for this failure. It is quite simple that innovation needs money and time. It is always not possible to invest a lot of money at a time for small business even sometime this taken time makes the innovation useless. Determinants of this entrepreneurship and innovation cannot be formulated or written. The whole concept is based on how an entrepreneur anticipates the challenges and develops the idea of innovation(Autio, 2014). It is really unreal to assume that all the idea can be turned into successful innovation. Failure can occur but the intensity of the failures matters for the organization. Entrepreneurship and innovation help to create new business in order to meet the demands of the customers. It is the opportunity to innovate and launch completely new products in the market, which still not exists in the market. This opportunity drives the entrepreneur to open a new business and in the term, it helps to grow the economy. In last decade 20.5% small business has developed in Singapore and beside this 10% medium business also reported which constituted economic growth in Singapore (Phillips, 2015). A new business always needs the employee. This job option helps to uplift the economy and also supports the generation to motivate their lifestyle. 6% employment has been generated in last few years due to involvement of entrepreneurship and innovation. When a new business starts their operation, they export or import to the nearby region and this helps to grow the earning and productivity of this region(Zahra, 2016). Revenue strength of the economy is increased by this. Singapore government implements new policy regarding development of rural areas by setting up new businesses. In order to support the policy government notified every new company to provide the certain amount of taxes to the government. Innovation and entrepreneur make the life of customer easier. An entrepreneur always innovates to make the thing valuable, which can make the life easier(Phillips, 2015). Innovation always increases the social demands and supports the society in order to develop the livelihood. Due to environmental issue, all the Entrepreneurs innovate their products or services to support the environment. For this society is benefited and environment also gets the support which helps to grow a green world. Launching biodegradable packaging system to support the environment is another historical innovation in Singapore and soil and water pollution decreases considerably, which is one of the important social revolution. For this reason, all the entrepreneurs encourage the production of biodegradable packets firms, which in term increase the economic growth. In small and medium size business entrepreneurship and innovation helps to build the social development because rural entrepreneurship allows the people of that area to become more social and this can be occurred only when economy is developed. Economic availability also allows the government to make policy to increase the education level of the country, and also people will become more social, there lifestyle will increase. In last few years Singapore government launches many policies to uplift the rural people and provides free training about different cultural, social activities like computer training, different game training, science conference to reduce the superstitions and many more to develop their regular livelihood (Galindo, 2014). Entrepreneur also follows the CSR (Corporate Social Responsibility) for developing the society by providing certain percentages of money and this is the basic responsibility of every entrepreneur to support the social development like increasing the literacy rate, reducing the poverty and many more. Competition is always beneficial for the economy because all the entrepreneurship wants to beat their rival and for this, they innovates new products, which can give them money. This battle for innovation helps the economy to collect money because demands of the people are increasing and to meet the requirement all the companies create new products to increase their sale. In 2003, ESC (economic strategy committee) supports the long-term strategy to gain the competitive advantages (Galindo, 2014). Competitive advantages increase the social benefit in the society and all the entrepreneur will try to attract more customers fairly by producing quality products at affordable range. This will meet the social demand also as well as economic. Conclusion: From the above essay, it can be concluded that Entrepreneurship and innovation is a related term and both are essential to growing the business properly. Innovation is much needed in Entrepreneurship because Entrepreneur turns the idea into an innovation. Many benefits of innovations are there to enhance the business. Obviously, some flaws are also there. Sometimes innovation fails and causes the loss but still to create a successful Entrepreneurship innovation has been needed. Economic and social growth is also can be achieved by the innovation and Entrepreneurship makes the new products to support the economy and society. References: Autio, E. K. (2014). Entrepreneurial innovation: The importance of context. Research Policy, 1097-1108. Chatterji, A. G. (2014). Clusters of entrepreneurship and innovation. Innovation Policy and the Economy, 129-169. Drucker, P. (2014). Innovation and entrepreneurship. Routledge. Galindo, M. . (2014). Entrepreneurship, economic growth, and innovation: Are feedback effects at work? Journal of Business Research, 825-829. Karlsson, C. . (2014). Entrepreneurship and innovation networks. . Small Business Economics,, 393-398. Kuratko, D. F. (2015). Corporate entrepreneurship: the innovative challenge for a new global economic reality. Small Business Economics, 245-253. Maritz, A. . (2015). Entrepreneurship and innovation: Setting an agenda for greater discipline contextualisation. Education+ Training, 74-84. Obrinsky, M. (2015). Profit theory and capitalism. University of Pennsylvania Press. Phillips, W. L. (2015). Social innovation and social entrepreneurship: A systematic review. Group Organization Management,, 428-461. Schaper, M. (. (2016). Making ecopreneurs: developing sustainable entrepreneurship. CRC Press. Souto, J. E. (2015). Business model innovation and business concept innovation as the context of incremental innovation and radical innovation. Tourism Management, 142-155. Wu, C. W. (2015). Global entrepreneurship and innovation in management. 743-747. Zahra, S. A. (2016). Understanding the social role of entrepreneurship. Journal of Management Studies, 610-629.