Critical Analysis On Organizational Change Management Management Essay

Critical Analysis On Organizational Change Management Management Essay In recent years organisations are required to make changes for their survival. It is very important to response quickly to the modern technological advancement and competition to internal and external levels (Edmonds, 2011). So change is the regular experience in private and governmental organisation for its development. The purpose of this study is to analyse the issues of managing organisational change by various approaches. The essay will argue in brief on resistance to change and how it is handled for successful implementation of a change programme by reviewing related literature on the issue. It will more study on the ability of successful management of organisational change. In this paper, there are three main sections. First of all, change is defined on the basis of development. Then influencing factors and resistance to change are briefly discussed in two following sections. Finally, managing resistance is discussed before conclude. What is change and why change? Change is defined as any alteration of the status quo (Bartol and Martin, 1994;199). Organisational change may be defined as new ways of organizing and workingà ¢Ã¢â€š ¬Ã‚ ¦.. (Dawson, 2003; Cited by Hughes, 2006). Breu and Benwell (1999), Ragsdell (2000) as well as Bamford and Forrester (2003), define organisational change as the process of moving an organisation from some present status to new status whether it is planned or unplanned. Organisational change is a form of difference from its long term old position to introduce a new idea and action for better performance and adjustment of new environment (Schalk et al.,1998). From different perspectives , we can observe different types of changes but in generally organisational changes can be classifieds into two types- incremental and radical (Ragsdell, 2000; McAdam, 2003; Milling Zimmermann, 2010). Literature argues that the incremental change is a small scale change on its present structure and functions which is continuous, on the other hand radical change involves a large-scale basic change (McAdam, 2003; Cunha, et al, 2003; Romanelli Tushman, 1994). Furthermore, Beugelsdijk et al (2002) argue that, organisational change process initially begins with radical change and follow the incremental change that creates a prospect or a threat. In contrast, Del Val and Fuentes (2003) state that change is a general procedure of response to organisational settings because real changes are not only incremental or transformational but also a mixture of both. However Bamford and Forrester (2003) have further classified organisational change as planned and emergents.The planned approach organisational change highlights the different status which an organisation will have to shift from an unacceptable position to recognised desired position (Eldrod II and Tippett, 2002). The emergent approach change suggests that it is an unpredictable and undesirable continuous process of adjustment to changing circumstances (Burnes, 2004). But uncertainty of circumstances create emergent approach more significant than the planned approach (Bamford and Forrester, 2003). So, it is import to any organisation to identify the requirements for its prospects, and how to deal with the required changes and it is the inseparable strategy of an organisation (Burnes, 2004). Managerial proficiency is very much needed for successful change (Senior, 2002). Although for the existence and effective competition successful management of change is highly required (Luecke, 20 03). Influencing Factors : Hughes (2006) argues that, different factors can influence organisational changes, from the effect of internal control, to external rolls in consumer behaviour, or changing the business settings. The most common reasons are: Legislation, incorporation or attainment, competitive market, world economy, Structural change, technological advancement and Strategic re-organisation. Moreover, Haikonen et al (2004) argue that different important internal and external factors which influence change as policy, structure, control system, organisational culture, and power distribution. Moreover, Saka (2003) state that the external factors as national or international rules and regulations influence the organisation to accept new strategies to survive in changed situation. Furthermore, many other factors related to market competition, economic growth, and living standard also oblige organisation to commence change programmes for update and manage the external forces (Beugelsdijk, et al, 2002; Breu Benwell, 1999; Carr Hancock, 2006). Consequently, the technological advancement creates internal and external demands to generate the capabilities of organisations and assess their strategies regularly (Harris Wegg-Prosser, 2007; Ragsdell, 2000; Shaft, et al, 2008). Moreover, Eisenbach et al (1999) also recognized different factors that compel change such as innovation, new technology, workforce, productivity and working quality. Similarly, McAdam (2003) and Mukherji and Mukherji (1998) emphasize that availability of skilled employees, changing customer behavior, free flow of information and cultural change make very impact on organisation for modification on their activities and compel it to readjust or large scale change for transforming from deadlock to effectiveness. Finally, internal change factors like leadership, organisational culture, employee relationship, workload, reward system, internal politics, and communication system compel the organisation to take up change strategy (Bhatnagar, et al, 2010; Potter, 2 001; Van Marrewijk, et al, 2010; Young, 1999).On the whole, Breu and Benwell (1999) as well as Rees and Hassard (2010) emphasized the development of capabilities of managers to evaluate the situation exactly from different factors to effective management of resistance to change programme. For that reason, all managers are necessary to give appropriate concentration on this. Resistance to Change Resistance is a phenomenon which affect the change process by slowing down its starting, obstructing its accomplishment and rising its costs(Ansoff, 1990; Del Val Fuentes, 2003; Young, 1999). In contrast, resistance is a manner that tries to maintain the status quo, so it is comparable to inertia which tries to avoid change (Maurer, 1996; Rumelt, 1995). Similarly, Jansen (1996), Potter (2001) as well as Romanelli and Tushman (1994) argue that organisational change permeates resistance from the persons as their calm sector are influenced by creating stress, insecurity and uncertainty. Moreover, Ford et al (2002) as well as Reissner (2010) support that resistance comes about since a change program threatens existing status, or causes fear of supposed consequences like trouble in personal security and apprehension about new capability and skills to perform in the changed surroundings. On the other hand, resistance by workforce may be seen as a general part of any change process and in this manner a valuable source of knowledge and useful in learning how to manage successful change process (Antonacopoulou Gabriel, 2001; Bhatnagar, et al, 2010; Bovey Hede, 2001). Furthermore, Antonacopoulou and Gabriel (2001) and Lamb and Cox (1999) argue that unusual community will resist any change program for various reasons including misunderstanding, inconvenience, negative rumor, economic proposition, low tolerance for change and fear of the unknown. However, the observation of annoyance in long standing custom associated with change initiatives finally contribute in the appearance of resistance, mainly from middle managers who resist for the reason that of the fear of threat to their current position and supremacy (Marjanovic, 2000; Ragsdell, 2000; Saka, 2000). In addition, Pardo del val et al (2003) suggested that the sources of resistance classified into five factions which affect both formulation and implementation stages of change program. It includes wrong preliminary perception, low motivation for change, lack of creative response, political and cultural stalemate to change and shortage of the essential qualifications to implement change. Moreover, in manipulative business environment, where major focus is on productivity and centralisation, occurrences higher rate of resistance than manipulative business units having a more open culture, giving freedom to explore new capacities and technologies (Mirow, et al, 2008; Valle, 2002).Accordingly, Lamb and Cox (1999) and Trader-Leigh (2002) indicate that dispute of resistance in public sector is much higher than that of private sector.However, Bovey and Hede (2001) as well as Del Val and Fuentes (2003) discover that when change principles and organisational principles are usually different then the workers show resistance to change while individual anxiety, ineffective management, failure precedent, little inspiration, insufficient tactical vision and pessimism are several sources of resistant. So, if the ground of change is not well planned and competently managed then the employees may prevent the change initiatives and they will apply protection policy to resist because of apprehension that they will be oppressed by others (Bovey Hede, 2001; Perren Megginson, 1996). Nevertheless, Jones et al (2008) argue that employees do not generally resist cultural issues to obtain a distinct policy for successful implementation of change.(Diefenbach, 2007; Lamb Cox, 1999). However, Mabin et al. (2001) argued that resistance to change sometimes have positive features and objectives and it may helps to take better decision for the interest of Organisation. So in general, resistance is not a negative idea. Because change is not always useful for organisation. Moreover, resistance might prove change managers convinced characteristic which are not accurately considered in change process (Waddell and Sohal, 1998). Managing Resistance: Resistance to change is an important matter in change management and participatory approach is the best way to manage resistance for successful change(Del-Val et al., 2o12). Potter (2001) and Ragsdell (2000) support that resistance to organisational change have to be observed as a prospect and preparing people for change as well as permitting them to vigorously participate in the change process. Furthermore, Conner (1998) affirms that the negative effects of resistance occurred from major changes can be minimize by open discussion. Moreover Judson (1991) asserts that effective change can be committed and resistance can be reduced by commitment and participation of employees. Del-val et al (2012) suggest that Participation of stake holders show the way to commitment and commitment keeps away from resistance. So involvement of all people to change process may overcome the resistance but they argue that it is also time consuming. If there is enough time to change then participatory meth od will be very effective way to reduce resistance and have successful change to an organization (Lenz and Lyles, 1986). Generally, there is no universal proposal to avoid resistance to change, however, Del- val et al (2003) suggest that managers can pay a vital role to minimize the resistance to change. Firstly, they have to consider organizational culture related to change objectives and take necessary steps to fill the that cultural gap. Another thing is training which can overcome communicational complexity to avoid resistance occurred by communicational difficulties and achieve the required capabilities to attain successful change. In addition, contemporary managers required to examine and categorize all the stakeholders as change worker, impartial, conservatives or resistor as per their function in resistance to change so as to apply obligatory approach upon the definite form of people so that they feel like accommodating the change program willingly (Chrusciel Field, 2006; Lamb Cox, 1999). Moreover, it is essential to engage people in all stages of the procedure for successful completion of ch ange where effective communication of change objectives can play one of the most important roles (Becker, 2010; Beugelsdijk, et al, 2002; Frahm Brown, 2007; Lamb Cox, 1999). Accordingly, Potter (2001) as well as Van Hoek et al (2010) suggests that for managing resistance to change successfully, organisations must build up the capability to predict changes and working approaches to the changes and thereby engage the employees to face the challenges sincerely with complete preparation. Similarly, Caldwell (2003) and Macadam (1996) propose that smooth running of organization managers should be open for involvement of employees at every steps of decision making process and productivity. Moreover, usually resistance happens as a result of misinterpretation among peoples and hence, in each change program it is essential that everyone concerned realizes the reason following the change from upper level to the lower level where training and cooperation may speed up the procedure (Beugelsdijk, et al, 2002; Johnson, 2004; Taylor, 1999). In addition, at the moment of crisis and ambiguity people require results, accomplishments and successful communication which will assist reduce anxiety and eventually produce enthusiasm for change amongst the employees (Hill Collins, 2000a; Potter, 2001). Consequently, the new public management emphasizes new type of policies which presume a flexible, open and more creative structure and therefore proactively illustrative targets, setting superior examples and creating exciting position might be regarded as a number of core leadership capabilities essential for routing change (Beugelsdijk, et al, 2002; Chrusciel Field, 2006; Harris Wegg -Prosser, 2007). Moreover, Aladwani (2001) rationalizes that opening human abilities of the workers by permitting them to use their intelligence being innovative at work takes place to be important where the function of managers have to be renamed from manager to trainer as to donate continuously on self-confidence building all over the business. Furthermore, alongside the background of rapidly growing technological improvement and deregulation since the early 1990s, ritual approach can no longer arrange the modern perception of shocking ambiguity and insistent change relatively dispersed organisations are probable to authorize the employees (Caldwell (2003; Harris Wegg-Prosser, 2007). In addition, Andrews et al (2008) and Caldwell (2003) have the same opinion with Frahm and Brown (2007) that not like the conventional top-down bureaucratic systems; the present managers must receive bottom-up participatory strategy by discussing with stakeholders. Caldwell (2003) more recommends tha t change managers should uphold possession of the change approach along with the stakeholders by connecting them in the process, who distinguish the authenticity of the business and it is usually they who grasp answer key to the problems. Lastly, as contextualization is the main element of any societal and organisational change, in the twenty-first century circumstance, the status quo is not a suitable preference and organisations must get slant and vigorous for the modern world of digital convergence (Carr Hancock, 2006; Harris Wegg-Prosser, 2007; Milling Zimmermann, 2010). Additionally, Bamford and Forrester (2003), Diefenbach (2007) and Eisenbach et al (1999) consent that in the growing approach to managing change, elder managers transform themselves from administrator to facilitator and the major accountability of execution vest on the middle managers. Also, Diefenbach (2007) more highlights that middle managers should cooperate with peers, divisions, consumers, dealers and also with the senior managements as if they are the key player of organisational change programs. Furthermore, Bamford and Forrester (2003) as well as Diefenbach (2007) consider Lewinà ¢Ã¢â€š ¬Ã… ¸s (1958) three step model of freezing, unfreezing and refreezing, have supported that prior to effective implementation of any new manners, the old one has to be untrained. Consequently, the notion of applying linear change plan is a conventional observation but complex up-to-date position is that four different kinds of change factors- specifically top managers, and middle managers, ex ternal performers, consultants, and teams- everyone having various experiences and perspectives- must be engaged in any specific change process (Andrews, et al, 2008; Caldwell, 2003; Frahm Brown, 2007). At last, Burnes (2004) concludes that in the gradually changing world, the capability to make internal change of an organization with the help of the external factors is very much essential for its survival. Recommendations for Further Research: Drawing the attention on change agenda in general, there may be basic requirement of an appropriate outline for organisational change management. Due to shortage of experimental study on change management in organisations, it is recommended that more research into the character of change management will be conducted. The primary step in this course may be to complete investigative studies to enhance the understanding of organisational change management. The significant success factors can be identified by these studies for the change management. Moreover, it is very much essential to determine success rate for creating a suitable structure for change management. Therefore, techniques of determinations should be designed (Todnem By, 2005). Conclusion: It is clear from the article that change is a pervasive factor which affects all organisations. Therefore, sskill is very much essential for successful change management (Todnem By, 2005). By reviewing the related literature on organisational change management and considering different views and arguments connected with the issue, this article has found out that resistance to change is an important reason to consider in any change process, since an appropriate management of resistance is the solution for a successful change . (Del-Val et al., 2003). However, resistance to change develops from various sources and as it is a complex area of management discipline, there is no particular solution generally applicable in the approach of directing change (Bamford Forrester, 2003; Trader-Leigh, 2002; Young, 2009). Perhaps, ensuring extensive participation of employees at all levels in the change procedure might be the best way to resolve resistance to organisational change but this is cert ainly very difficult considering various factors having persuaded on the organisation directly or indirectly mutually from internal and external accumulation (Del Val Fuentes, 2012). On the whole, the managers require increasing particular capabilities to facilitate managing change by taking into consideration time and space as well as irrational factors in the change program (Carr Hancock, 2006). Moreover, this essay agrees with the idea that change program completely depends on the managers who involve from the initial stage to final stage of change initiatives (Antonacopoulou Gabriel, 2001; Hoag, et al, 2002). Furthermore, it has determined that individuals resist change mostly from the observation of loss, uncertainty and apprehension about their self benefits, organisations should make clear the objectives of change program to all stakeholders to get the support for performing on change (Andrews, et al, 2008; Potter, 2001). In addition, this study illustrates that a planned change program fail mainly for the lack of organisational willingness and the mangers should have the capability of being more practical, more flexible and more adventuresome in this context (Judge Douglas, 2009; Newman, 1998; Young, 2009). Finally, this essay has critically analysed different views and arguments related to change management searching a number of excellence resources presented on the topic and briefly discussed by isolating it into introduction and definition followed by three sections that is factors influencing change, resistance to change and managing resistance before concluding. To finish, considering all arguments this paper concludes that the organisational capability to achieve any change is always more important strategic demand and essential for survival s(Edmonds, 2011).

Placebos: Can a Sugar Pill Cure? :: Biology Essays Research Papers

Placebos: Can a Sugar Pill Cure? Placebo: the word is Latin for "I will please." Originally it started the Vespers for the dead, often sung by hired mourners, and eventually "to sing placebos" came to mean to flatter or placate (1). Later, the term was used for any kind of quack medicine. Today, it is a medicine that has no value in itself, but improves a patient's condition because the patient believes it to be potent. Belief in a swallowed sugar pill or saline injection has been shown to produce real reactions. 80% of patients given sugar water and told it is an emetic respond by vomiting (1). People often show an allergic response to something they believe they are allergic to, even if it is only plastic flowers. Does this strong reaction hold true for more serious medical conditions, then? There are three explanations as to why placebos may work. The first, called the opoid model, says that the positive response is a result of endorphins released in response to swallowing a pill, etc. The second is the conditioning model, which holds that the important factor is not the medicine, but contact with a medical professional. Because patients are used to getting better after they go into a doctor's office and talk to someone in a white coat, they are psychologically conditioned to get better after contact with the medical environment. The last is the expectancy model, in which patients improve because they expect the placebo to have a certain effect. There are even more arguments, though, as to how the placebo effect has been exaggerated or fabricated. Some studies include additional treatment along with the medication, sosimply being in a study may produce results (1). Some studies on placebos often show similar rates of success for a drug and a placebo, but do not include a control in which no treatment is used. In such studies, it is impossible to tell what improvement was actually due to the placebo and what would have happened anyway (3). Patients may also tend to report improvement because they think this is what is expected. This is especially true with poorly designed response forms with more options for improvement than worsening. Many illnesses, like colds, improve by themselves given time. Others, like depression and chronic pain, fluctuate. Thus improvement in these types of illness might well have happened without any medicine or placebo.

Marbury vs. Madison

Marbury vs. Madison (5 U.S. 137, 1803) involved an application for a writ of mandamus against the then Secretary of State Madison, directing him to deliver to Marbury his commission as a Justice of the Peace for the District of Columbia.   In determining whether or not mandamus would lie, the Supreme Court made a four part inquiry involving the following questions, to wit: 1) whether or not the applicant Madison has a right to the commission he demands; 2) in the affirmative, whether or not the laws of the United States afford him a remedy for its violation; 3) in the affirmative, whether or not mandamus is the proper remedy. The case is considered a landmark case, because it was the first time that the US Supreme Court, through then Chief Justice Marshall, enunciated the doctrine of judicial review, i.e., that the Supreme Court has the power to review federal or state legislation, or acts of government officers and other individuals, to determine whether or not they are in consonance with the provisions of the Constitution, and to strike down such laws and acts if they are found to be unconstitutional.   Specifically, Chief Justice Marshall stated that: â€Å"†If an act of the legislature, repugnant to the constitution, is void, does it notwithstanding its invalidity, bind the courts, and oblige them to give it effect?†¦ It is emphatically the province and duty of the judicial department to say what the law is†¦If two laws conflict with each other, the courts must decide on the operation of each (5 U.S. 137, 178).   So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty† (5 U.S. 137, 179). Over the years, the doctrine of federal and state judicial review has been developed and enhanced, despite there being no express provision on its grant to the judicial branch of government under the constitution.   In interpreting the constitution, there are generally six forms of construction that are usually applied, i.e., historical, textual, structural, doctrinal, ethical, and prudential (Fallon, 1987). The historical construction centers on the original legislative intent behind the provision, while the textual interpretation involves the text itself, and the structural interpretation contrasts the text with the structure given in the constitution.   Ethical and prudential considerations generally involve a determination of whether or not it would be proper, ethical, or wise to make a ruling.   The doctrinal form of construction involves another doctrine, that of stare decisis. The complete Latin term is stare decisis et non quiete movere.   Literally translated, it means â€Å"stand by decisions and do not move that which is quiet.†Ã‚   The doctrine of stare decisis or of case precedents is one of the central tenets of a common law legal system.   Past precedent generally circumscribes the leeway by which a court can address a certain issue, because the rule is that once something has heretofore been judicially determined, then that is all there is to it.   â€Å"Stare decisis is usually the wise policy, because in most matters it is more important that the applicable rule of law be settled than that it be settled right. . . . This is commonly true even where the error is a matter of serious concern, provided correction can be had by legislation.   But in cases involving the Federal Constitution, where correction through legislative action is practically impossible, this Court has often overruled its earlier decisions.   The Court bows to the lessons of experience and the force of better reasoning, recognizing that the process of trial and error so fruitful in the physical sciences, is appropriate also in the judicial function† (Burnet v. Coronado Oil & Gas Co., 285 U.S. 393, 1932). For some justices, the doctrine of stare decisis would be no doctrine at all, if overruling justices gave reasons that did not go beyond pointing out that the previous decision was wrong (Nelson, 2001).   This presents a huge burden on the exercise of judicial review, especially since cases hinging on the constitutionality of statutes are usually considered landmark cases and are the basis for applying the stare decisis doctrine. The main arguments against the doctrine of judicial review are against its validity, in that, as mentioned, it is not specifically vested as a power of the judiciary in the constitution, and that it goes against the doctrine of stare decisis.   The proponents of the validity of judicial review would rely on the broad definition of judicial power under the constitution, and the fact that it has been long recognized and accepted in other common law jurisdictions. If judicial review were considered an absolute power, it would definitely undermine the common law doctrine of stare decisis, because judges and justices would be given free reign to determine what the law is and apply their interpretations on a case to case basis whenever they saw fit.   However, to think that either judicial review or stare decisis are absolutes would be absurd, because no government power is absolute. Instead of focusing on an apparent conflict or adverse relationship between the two, it is submitted that despite the criticisms against judicial review, it is an inherent function of judicial power, and should be harmonized with the stare decisis doctrine.   One author proposes thus: â€Å"Even in cases of first impression, judges do not purport to have unconstrained discretion to enforce whatever rules they please.   Many of their arguments appeal instead to external sources of law, like statutes or established customs. These external sources of law will often be indeterminate and incomplete; they will leave considerable room for judicial discretion.   But unless they are wholly indeterminate, they will still tend to produce some degree of consistency in judicial decisions.   If †¦the primary purpose of stare decisis is to protect the rule of law by avoiding an endless series of changes in judicial decisions, we may be able to achieve this purpose without applying a general presumption against overruling past decisions. We may, in short, be able to refine the doctrine of stare decisis to take advantage of the consistency that would tend to exist even in its absence† (Nelson, 2001).   The doctrine of stare decisis is about stability, while judicial review is about fairness and justice.   Applying both and harmonizing their purposes would allow for flexibility and wisdom, especially in cases when past decisions are not on all fours with the facts of the case at hand. Reference List: Burnet v. Coronado Oil & Gas Co., 285 U.S. 393 (1932) (dissenting opinion by Justice Brandeis). Fallon. (1987). A Constructivist Coherence Theory of Constitutional Interpretation. 100 Harv. L. Rev. 1189. Marbury vs. Madison, 5 U.S. 147 (1803). Nelson, C. (2001). Stare Decisis an Marbury vs. Madison Marbury vs. Madison (5 U.S. 137, 1803) involved an application for a writ of mandamus against the then Secretary of State Madison, directing him to deliver to Marbury his commission as a Justice of the Peace for the District of Columbia.   In determining whether or not mandamus would lie, the Supreme Court made a four part inquiry involving the following questions, to wit: 1) whether or not the applicant Madison has a right to the commission he demands; 2) in the affirmative, whether or not the laws of the United States afford him a remedy for its violation; 3) in the affirmative, whether or not mandamus is the proper remedy. The case is considered a landmark case, because it was the first time that the US Supreme Court, through then Chief Justice Marshall, enunciated the doctrine of judicial review, i.e., that the Supreme Court has the power to review federal or state legislation, or acts of government officers and other individuals, to determine whether or not they are in consonance with the provisions of the Constitution, and to strike down such laws and acts if they are found to be unconstitutional.   Specifically, Chief Justice Marshall stated that: â€Å"†If an act of the legislature, repugnant to the constitution, is void, does it notwithstanding its invalidity, bind the courts, and oblige them to give it effect?†¦ It is emphatically the province and duty of the judicial department to say what the law is†¦If two laws conflict with each other, the courts must decide on the operation of each (5 U.S. 137, 178).   So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty† (5 U.S. 137, 179). Over the years, the doctrine of federal and state judicial review has been developed and enhanced, despite there being no express provision on its grant to the judicial branch of government under the constitution.   In interpreting the constitution, there are generally six forms of construction that are usually applied, i.e., historical, textual, structural, doctrinal, ethical, and prudential (Fallon, 1987). The historical construction centers on the original legislative intent behind the provision, while the textual interpretation involves the text itself, and the structural interpretation contrasts the text with the structure given in the constitution.   Ethical and prudential considerations generally involve a determination of whether or not it would be proper, ethical, or wise to make a ruling.   The doctrinal form of construction involves another doctrine, that of stare decisis. The complete Latin term is stare decisis et non quiete movere.   Literally translated, it means â€Å"stand by decisions and do not move that which is quiet.†Ã‚   The doctrine of stare decisis or of case precedents is one of the central tenets of a common law legal system.   Past precedent generally circumscribes the leeway by which a court can address a certain issue, because the rule is that once something has heretofore been judicially determined, then that is all there is to it.   â€Å"Stare decisis is usually the wise policy, because in most matters it is more important that the applicable rule of law be settled than that it be settled right. . . . This is commonly true even where the error is a matter of serious concern, provided correction can be had by legislation.   But in cases involving the Federal Constitution, where correction through legislative action is practically impossible, this Court has often overruled its earlier decisions.   The Court bows to the lessons of experience and the force of better reasoning, recognizing that the process of trial and error so fruitful in the physical sciences, is appropriate also in the judicial function† (Burnet v. Coronado Oil & Gas Co., 285 U.S. 393, 1932). For some justices, the doctrine of stare decisis would be no doctrine at all, if overruling justices gave reasons that did not go beyond pointing out that the previous decision was wrong (Nelson, 2001).   This presents a huge burden on the exercise of judicial review, especially since cases hinging on the constitutionality of statutes are usually considered landmark cases and are the basis for applying the stare decisis doctrine. The main arguments against the doctrine of judicial review are against its validity, in that, as mentioned, it is not specifically vested as a power of the judiciary in the constitution, and that it goes against the doctrine of stare decisis.   The proponents of the validity of judicial review would rely on the broad definition of judicial power under the constitution, and the fact that it has been long recognized and accepted in other common law jurisdictions. If judicial review were considered an absolute power, it would definitely undermine the common law doctrine of stare decisis, because judges and justices would be given free reign to determine what the law is and apply their interpretations on a case to case basis whenever they saw fit.   However, to think that either judicial review or stare decisis are absolutes would be absurd, because no government power is absolute. Instead of focusing on an apparent conflict or adverse relationship between the two, it is submitted that despite the criticisms against judicial review, it is an inherent function of judicial power, and should be harmonized with the stare decisis doctrine.   One author proposes thus: â€Å"Even in cases of first impression, judges do not purport to have unconstrained discretion to enforce whatever rules they please.   Many of their arguments appeal instead to external sources of law, like statutes or established customs. These external sources of law will often be indeterminate and incomplete; they will leave considerable room for judicial discretion.   But unless they are wholly indeterminate, they will still tend to produce some degree of consistency in judicial decisions.   If †¦the primary purpose of stare decisis is to protect the rule of law by avoiding an endless series of changes in judicial decisions, we may be able to achieve this purpose without applying a general presumption against overruling past decisions. We may, in short, be able to refine the doctrine of stare decisis to take advantage of the consistency that would tend to exist even in its absence† (Nelson, 2001).   The doctrine of stare decisis is about stability, while judicial review is about fairness and justice.   Applying both and harmonizing their purposes would allow for flexibility and wisdom, especially in cases when past decisions are not on all fours with the facts of the case at hand. Reference List: Burnet v. Coronado Oil & Gas Co., 285 U.S. 393 (1932) (dissenting opinion by Justice Brandeis). Fallon. (1987). A Constructivist Coherence Theory of Constitutional Interpretation. 100 Harv. L. Rev. 1189. Marbury vs. Madison, 5 U.S. 147 (1803). Nelson, C. (2001). Stare Decisis an

Kite Runner; Past Regrets - 1885 Words

The Kite Runner is a book that was written by Khaled Hosseini from a young boy’s perspective named Amir who lived with his father, Baba, and two Hazaras named Ali and Hassan in Kabul, Afghanistan. They lived here during the Russian War and had escaped to America to find peace and happiness. We learn about Amir’s childhood struggles and his efforts to be what his father wanted him to be and to be a good friend like Hassan is to him. Amir knows that Hassan is better than what he deserves; he knows he is guilty through his secrets and his selfishness. Materialistically, Amir and his father had a good life and treated Ali and Hassan quite well, but we discover that there is a reason for the good treatment that they receive from mainly Baba.†¦show more content†¦Amir begins to attempt to catch her, Soraya’s, attention since he thinks of her as a beauty and wants to get to know her a bit. He goes to her booth and talks to her about books and always avoids bein g there when her father is in the booth. This friendship eventually begins to sprout into a marriage. Baba asks General Taheri, Soraya’s father, if it is okay with him if she marries Amir and the General accepted. They have a traditional Afghanistanian marriage and begin to live with each other and Baba. At this point, Baba is in terrible condition. He is getting smaller and weaker every day. Soraya suggested to stay living with him and to take care of him for as long as possible. After Baba loses his grip on life, Soraya and Amir move out and find a decent home for themselves to finally start anew. In this new home, Soraya and Amir are constantly trying and trying for a baby. Soraya’s reproductive system fails and the depressive mood of their life begins to set in. Life becomes a dreadful thing and soon a change will come for them both. One day while at home, Amir gets a call from Rahim Khan telling him that he needs to come to Afghanistan because he is sick and he wa nts Amir to get his redemption. He tells him that there is a way for him to be good again. He goes to Pakistan and meets up with Rahim and everything seems to be rundown and soldiers are everywhere. Rahim tells the whole story toShow MoreRelatedRedemption is a capacity that both Amir from the remarkable novel Kite Runner, written by Khaled900 Words   |  4 PagesRedemption is a capacity that both Amir from the remarkable novel Kite Runner, written by Khaled Hosseni along with Walt Kalwoski the main character of the unforgettable movie Gran Tornio, directed by Clint Eastwood, withhold. Both Walt and Amir were collided with life changing events that later shaped the individuals they are today. 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