Dr Ram Manohar Lohiya National - Free Essay Example

Sample details Pages: 15 Words: 4357 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Research paper Did you like this example? For the purpose of making project in the subject Administrative Law, a very distinct and important topic has been taken as the central issue of it. The Doctrine of Substantial Ultra Vires which is the present issue in concern is a substantial principle of administrative law having its own importance and influence in the legal scenario irrespective of the boundaries of law. Therefore the research would be deliberating upon the topic concerned. Research methodology to be followed: To deliberate upon the issue Doctrine of Substantial Ultra Vires will be dealt in a systematic and particular way. In this regard, Doctrinal approach has been adopted and compilation from literary sources, course materials, articles, reviews, e-databases and books have been given special importance. Along with founding sources the recent developments in form of judicial pronouncement and case study has also been incorporated in this project. Don’t waste time! Our writers will create an original "Dr Ram Manohar Lohiya National" essay for you Create order The Doctrine of Ultra Vires: An Introduction The doctrine of ultra vires is the basic doctrine in administrative law. The doctrine envisages that an authority can exercise only so much power as is conferred on it by law. An action of the authority is intra vires when it falls within the limits of the power conferred on it but ultra vires if it goes outside this limit. The doctrine of ultra vires has two aspects: substantive and procedural. When a piece of delegated legislation is declared to be ultra vires, it is void and becomes unenforceable. It cannot affect the rights and duties of any person. Until a rule is declared invalid by a court, it is presumed to be valid. If the valid and the invalid parts of a rule can be severed, only then the invalid portion of the rule is quashed and the valid portion can continue to remain operative. However, if the valid and the invalid parts are inextricably mixed up, then the entire rule has to go. A void rule cannot be the basis of any administrative action. No one can be prosecuted under a void rule. The validity of a rule can be challenged in a court either directly or collaterally, or by way of defense to a civil claim based on the impugned rule, or as a defense in a prosecution for infringing the rule. A person can challenge the validity of administrative action by challenging the validity of the relevant rule. A person whose interest is affected adversely by a piece of del egated legislation can directly challenge its vires in a court. The court may grant an injunction or declaration or issue mandamus or award damages to the affected person as may be suitable. If the subordinate or delegated legislation goes beyond the scope of authority conferred on the delegate or it is in conflict with the parent or enabling act, it is called substantive ultra vires. The validity of the subordinate or delegated legislation may be challenged before the Courts on this ground. Grounds on which Delegated legislation may be challenged Enabling or Parent Act is unconstitutional: In India, there is supremacy of the Constitution and therefore an act passed by the Legislature is required to be in conformity with the constitutional requirement and if it is found to be in violation of the constitutional provisions, the court declares it unconstitutional and void. If enabling or parent act (i.e the act providing for the delegation) is void and subordinate or delegated legislation made under the act will also be declared to be unconstitutional and therefore void. The limits of the Constitution may be express and implied. Express Limit: Articles 13, 245 and 246 provide the express limits of the constitution. Article 13(1) provides that all laws in force in the territory of India immediately before the commencement of the constitution in so far as they are inconsistent with the provisions of Part III (fundamental rights) shall, to the extent of the contravention, be void. According to article 13(2), the state shall not make any law which takes away or abridges t he rights conferred by part III (i.e the Fundamental Rights) and any law made in contravention of this clause shall, to the extent of the contravention, be void. Article 13(3) makes it clear that for this purpose, unless the context otherwise requires , law includes any ordinance, order, by law, rule, regulation, notification, custom or usage having in the territory of India, the force of law. The legislature, thus, cannot violate the provisions of part III of the constitution granting the fundamental rights. If the parent or enabling Act is violative of the Fundamental Rights granted by part III of the constitution, it will be declared by the court as unconstitutional and void, and the subordinate or delegated legislation made under the act will also be held to be unconstitutional and void. Article 245 makes it clear that the legislative powers of the parliament and that of the state legislatures are subject to the provisions of the constitution. Parliament may make laws for th e whole or any part of the territory of India and the legislatures of a state make laws for the whole or any part of the state. No law made by the parliament shall be deemed to be invalid on the ground that it would have extra territorial operation. The state legislature can make law only for the State concerned and, therefore, the law made by the state legislature having operation outside the state would be invalid. In the matter of Cauvery Water Disputes Tribunal, the Karnataka Cauvery Basin Irrigation Protection Ordinance, 1991 was declared unconstitutional on certain grounds including the ground that it had extra territorial operation inasmuch as it interfered with the equitable rights of Tamil Nadu and Pondicherry to the waters of Cauvery River. In short, no law made by Parliament shall be deemed to be invalid on the ground that it would have extra territorial operation. However, the law made by the state legislature may be challenged on the ground of extra territorial opera tion. If the parent act is declared to be unconstitutional, then the delegated legislation made under such act would also be declared to be unconstitutional and thus, void. Article 246 makes provisions in respect of the distribution of powers between the powers between the Parliament and the State legislatures. From article 246 and the seventh schedule, it becomes clear that the subjects have been divided into three categories Union list, State list and Concurrent list. Parliament has exclusive power to make laws with respect to any of the matters or subjects enumerated in the Union list and of the legislature of any state has power to make laws for such state or any part thereof with respect to any of the matters or subjects enumerated in the State list. Parliament and State Legislatures both have power to make laws with respect to any of the matters or subjects enumerated in the Concurrent List, but In the case of conflict between the law made by Parliament and a law made by t he State Legislature with respect to such matter or subject, the law made by Parliament shall prevail and the laws made by the State Legislature, to the extent of repugnancy. be void, unless the law made by the State Legislature has received the assent of the President. Implied limit: If the Enabling or Parent Act violates the implied limit of the Constitution, it will be ultra vires the Constitution and therefore It will be void and the delegated legislation made under the Act will also be unconstitutional and void. The implied limit of the Constitution Is that essential legislative function entrusted to the legislature by the Constitution cannot be delegated by it. The essential legislative function consists of the determination of the legislative policy and its formulation as a rule of conduct. The legislature delegating its legislative power must lay down the legislative policy and guidelines regarding the exercise of tin delegated power by delegate. The delegation of essenti al legislative function is taken as abdication of essential legislative function by the Legislature and this is not permitted by the Constitution. In a case the Supreme Court has made it clear that the essential legislative function which consists of the determination of the legislature policy cannot be delegated. Such delegation would amount to abdication of the essential legislative functions. The Supreme Court has made it clear that the excessive delegation is not permissible. The doctrine of excessive delegation has played an important role in controlling the practice of delegated legislation. Excessive delegation is taken as abdication of essential legislative function by the legislature. The delegation must not be unguided and uncontrolled. If the delegation is excessive, the Enabling Act or Parent Act will be unconstitutional and therefore void and the delegated legislation made under such Enabling or Parent Act will also be unconstitutional and void. Subordinate or delegated legislation is ultra vires the Constitution: Sometimes it is found that the Enabling or Parent Act is not violative of the Constitution, but the subordinate or delegated legislation made under It violates the provisions of the Constitution. Such subordinate or delegated legislation will be unconstitutional and void, though the Enabling or Parent Act is perfectly valid. Thus, the subordinate or delegated legislation, (e.g., rules, regulations, by- laws, etc.) made under the Enabling or Parent Act may be unconstitutional while the Enabling or Parent Act is constitutional. Article 31-B of the Constitution of India is also notable here. The Acts and Regulations Included in the IXth Schedule of the Constitution are protected under Article 31-B against the ground of Infringement of any of the Fundamental Rights, but not against other grounds. The protection of Article 31-B is available only to the Acts or Regulations placed In the IXth Schedule of the Constitution. If an Act Is placed under the IXth Schedule, the protection of A rticle 31-B will be available to such Act, but this protection will not be available to the delegated legislation made under It. Thus, the delegated legislation may be challenged on the ground that it violates the Constitution, even though the Enabling or Parent Act under, which it has been made is protected by Article 31-B. (Legislature in 9th schedule is not under judicial scrutiny) (zamindari abolishment Act) Delegated legislation is ultra vires the Enabling or Parent Act: The validity of the subordinate or delegated legislation can be challenged on the ground that it is ultra vires the Enabling or Parent Act. If the subordinate or delegated legislation made by the delegate is in excess of the power conferred by the Enabling or Parent Act or is in conflict with the provisions of the Enabling or Parent Act or is made w ithout following the procedure required by the Enabling or Parent Act to be followed by the delegate, the delegated or subordinate legislation will be invalid on the ground that it Is ultra vires the Enabling or Parent Act. The validity of the exercise of power is tested on the basis of the Prussians as it stands currently and not on the basis of that it was before. When it is made in excess of the power conferred by the Enabling or Parent Act: The subordinate or delegated legislation is held to be ultra vires the Enabling or Parent Act when it is found to be in excess of the power conferred by the Enabling or Parent Act If the delegated legislation is beyond the power conferred on the delegated by the Enabling Act, it would be Invalid even if it has been laid before the Legislature. Where an administrative authority Is empowered by the Enabling Act to make by-laws to regulate market and the authority makes by-law which prohibits running of cattle market the by-law will be ultra vires the Enabling Act. In S.T.O. v. Abraham the Act empowered the Government to carry out the purposes of the Act the Government made rule so as to fix the last date for filing the declaration forms by dealers for getting the benefit of concessional rates on inter-State sales. This rule was held to be ultra vires the Enabling Act on the ground that the Act empowered the Government for making rules for prescribing the particulars to be mentione d in the forms and it was not given power to prescribe a time-limit for filling the form. When delegated legislation is in conflict with the Enabling or Parent Act: When the delegated legislation is found to be directly or indirectly in conflict with the provisions of the Enabling Act or Parent Act, it is held to be ultra vires the Enabling or Parent Act. In Delhi Transport Undertaking v. B.R.I. Hajelay, a rule was declared Invalid on the ground that it was in conflict with the provisions of the Enabling or Parent Act, According to Section 92 of the Delhi Corporation Act. 1957, all persons drawing salary less than 350 rupees per month shall be appointed only by general Manager of the Delhi Transport Undertaking. According to Section 95 of the Act, no person can be dismissed by any authority subordinate to the authority who has appointed him. The rules made under the Act empowered the General Manager to delegate all his powers to the Assistant General Manager. The rule was held to be In conflict with the aforesaid provision of the Parent Act. The effect of the rule was that a person appointed by the General Manager could be dismissed by the Ass istant General Manager. i.e. a person could be dismissed by an authority subordinate to the authority who had appointed him while Section 95 of the Act provided that no person can be dismissed by an authority subordinate to the appointing authority. Thus, the rule was in conflict with Section 95 of the Act. Consequently the rule was held to be invalid. When delegated legislation is made by authority exercising its power mala fide: When the subordinate or delegated legislation is made by the administrative authority exercising its power mala fide or with ulterior motive, It is held to be ultra vires and, therefore, invalid. When the delegated legislation is unreasonable and arbitrary: Wwhen the de1egated legislation is found unreasonable and arbitrary, it is declared invalid. In India, in some cases to High Courts express the view that the delegated legislation cannot be challenged on the grounds of unreasonableness. However, the view of the Courts is that the delegated legislation may be challenged on the ground of unreasonableness and arbitrariness. In India doctrine of unreasonableness has been given the solid base of Article 14. The delegated legislation which is unreasonable and arbitrary can be challenged on the ground that it is violative of Article 14. In Air India v. Nargesh Meerza, a regulation provided that an air hostess would retire from the service attaining the age of 35 years or on marriage within 4 years of service or on first pregnancy, whichever occurred earlier. The regulation authorized the Managing Director to extend the age of retirement to 45 years at his option if an air hostess was found medically fit. The Regulation did not contain any guidelines or policy according to which the discretion conferred on the Managing Director was to be exercised. The regulation conferred on the Managing Director was unguided and uncontrolled discretion. The termination of service of an air hostess on pregnancy was unreasonable and arbitrary. The regulation was held to be violative of Article 14 as it was unreasonable and arbitrary. Briefly stated, the principle is that the delegate cannot make a rule which is not authorized by the parent statute. If the subordinate legislative authority keeps within the bunds of the power delegated, the delegated legislation is valid, however, if the authority exceeds the power delegated, then the courts will certainly declare it to be ultra vires. Substantive ultra vires means that the rule making authority has no substantive power under the empowering act to make rules in question. It refers to the scope, extent and range of power conferred by the parent statute to make delegated legisla tion. Briefly stated, the principle is that the delegate cannot make a rule which is not authorized by the parent statute. If the subordinate legislative authority keeps within the scope and bounds of the power delegated, the delegated legislation is valid; but if it fails outside the scope of the power, the courts will declare it invalid. Delegated legislation to be valid must fall within the four corners of the powers conferred by the statute. Declaring a rule in the Karnataka Motor Vehicle Rules, 1963, ultra vires the Motor vehicles act, 1939, as a rule was inconsistent with a section in the act, the Supreme Court declared in State of Karnataka v H. Ganesh Kamath that the rule making power cannot include within its scope the power to make a rule contrary to the provisions of the Act conferring the rule making power. Conferment of a rule making power by an Act does not enable the rule making authority to make a rule which travels beyond the scope of the enabling Act or which i s inconsistent therewith or repugnant thereto. As the Supreme Court has emphasized in State of U.P v Renusagar Power Co., if the exercise of power is in the nature of subordinate legislation, the exercise must conform to the provisions of the statute. All the conditions of the statute must be fulfilled. The doctrine refers to the extent, scope and range of power conferred by the parent act on the concerned authority to make rules. Conferment of rule making power by an Act on an authority does not enable the rule making authority to make a rule which is beyond the scope of the enabling act, or which is inconsistent therewith or repugnant thereto. Substantial Ultra vires Procedural Ultra vires: a Comparison When delegated legislation is In conflict with the procedure prescribed by the Enabling or Parent Act When the delegated legislation is found to be in conflict with the procedure prescribed by the Enabling Act, it is held to be ultra vires the Enabling Act and, therefore, void. If the delegated legislation is made without following the mandatory procedure prescribed by the Enabling or Parent Act, It will be ultra vires the Enabling or Parent Act and, therefore, invalid. It is to be noted that the delegated legislation will be held to be invalid on the ground only if the procedure prescribed by the Act is mandatory. In short, if the procedure required to be complied with in making the delegated legislation is mandatory and it is not complied with, the delegated legislation will be held to be invalid on the ground of procedural ultra vires. If the procedure prescribed by the Enabling Act is not mandatory but directory, its substantial compliance will be sufficient and thus in case of substantial compliance, It will not be invalid. In Raja Buland Sugar Co. v. Rampur Municipality, the U.P. Municipalities Act. 1916 provided that the draft rules must be published in a local Hindi daily. The draft rules were published in a local Urdu Daily. The Court held that what was mandatory was publication of the draft rules in a newspaper. Publication In a Hindi daily was only directory. Consequently, the Court held that the rules could not be held to be ultra vires the Enabling Act merely because they were published In Urdu daily, (instead of a Hindi daily). The publication was made in substantial compliance with the manner provided In the Act. Test of measuring the validity of Rules Rules have to be consistent with the provisions of the parent statute. A rule cannot enlarge the meaning of a statutory provision. A rule has to yield to the statutory provision. If a rule goes beyond what the section in the Act contemplates, the rule has to go. A rule is ultra vires when it goes beyond the authority conferred on the rule making body by the relevant statute. To be valid, a rule must fulfill two conditions, they are: it must conform to the provisions of the statute under which it is framed; and it must also come within the scope and purview of the rule making power of the authority framing the rule. If either of these two conditions is not fulfilled; the rule would be void. To apply the doctrine of ultra vires, the court has first to interpret the statutory provisions to determine the scope of delegation of power, then to interpret the delegated legislation in question and finally, to adjudge whether the same is within, or without, the statutory power conferred. Difficulty in application of the Doctrine of Ultra Vires The efficacy of judicial control of delegated legislation is very much dependant on how broad is the statutory formula conferring power of delegated legislation is very much dependant on how broad is the statutory formula conferring power of delegated legislation on the delegate. Usually, the application of the ultra vires rule becomes very difficult because of three reasons: Powers are usually conferred in broad language. Ordinarily, the Courts interpret the enabling provision rather broadly. The courts adopt a deferential, rather than a critical, attitude towards delegated legislation. In India, the test of reasonableness is applicable to delegated legislation, both on general principles of administrative law as well as under such fundamental rights as are guaranteed under Constitution of India. Exclusion of judicial review Sometimes a clause is inserted in the Enabling or Parent Act for ousting the jurisdiction of the Courts to review the delegated legislation. This is called exclusion clause. Usually such clause contains the words rules made shall have effect as If enacted or Included in the Act Itself or rules made shall not be called in question in any Court. In England. in Institute of Patent Agents v. Lord Herschel expressed the view that such provision excluded the judicial review of the delegated legislation on the ground of ultra vires. However, In a later case, Minister of Health v. King. Lx Paste Yabbe. the view of Lord Herscheli has not been followed. In this case, the Court has held that inspite of the exclusion clause, the delegated legislation can be reviewed by the Court and can be declared invalid If it is found ultra vires the Enabling or Parent Act. Thus, in England, the present position is that Inspite of the exclusion clause, the subordinate or delegated legislation may be challen ged on the ground that they are ultra vires the Enabling Act. In India in a few cases the Supreme Court has adopted the view expressed by Lord Herschel in the case of Institute of Patent Agents v. Lockwood, stated above (the Supreme Court has held that such clause will exclude the Judicial review of the delegated legislation on the ground of ultra vires), but in some other cases, the Supreme Court has held that inspite of such exclusion clause, the delegated legislation can be reviewed by the Court. The present position is that inspite of such exclusion clause. the delegated legislation may be challenged before the Court on the ground that they are ultra vires and the Court can hold the delegated legislation invalid, if it finds them ultra vires. Case Study Implied limits of the Constitution are those laid down in In re Delhi Laws Act case, namely the laying down policy and enacting that policy into a binding rule of conduct. Section 7 of the Delhi Laws Act, 1972 delegated to the provincial government the power to extend to Delhi area with such restriction and modification any law in force in any part of British India. Section 2 of the Ajmer Merwaha (Extension of Laws) Act, 1947 delegated the power to the Government to extend to the province of Ajmer-Merwaha any law in force in any other province with such modification and restriction as it may deem fit any enactment which was in force in any part A state. it also empowered the Govt. to repeal or amend any corresponding law which was applicable to part C state. The legislature cannot delegate its essential legislative power to any other agency and if it so delegates the enabling would be ultra vires of the Constitution. In the said case the Court held that the later part of clause 2 i nvalid because it authorized the administrative agency to repeal a law, which in the opinion of the Court, is an essential legislative action. In Indian Council of Legal Aid and Advice v Bar Council of India the Supreme Court held that: a rule made by BCI barring qualified persons above the age of 45 years from enrollment as advocates, as ultra vires, a sit fell outside the power of BCI conferred by it by the Advocates Act, 1961, Section 49(1). In Additional District Magistrate (Revenue) Delhi Administration v Siri Ram the Delhi Land Revenue Rules 1962 made under the Delhi Land Revenue Act,1954, were declared ultra vires as being contrary to the Parent Act as well as another Act, by making the rules, the rule making authority had exceeded the power conferred on it by the Land Reforms Act 1954. Ajay Kumar Mukherjee v UOI is a case where Supreme Court has said that delegated legislation ultra vires the act by cutting down the breadth of the delegation to bring it in line with the object of the delegation of legislative power. The purpose or object of the conferment of the power must be borne in mind. Conclusion Thus, to draw conclusion it can be said that if the subordinate or delegated legislation goes beyond the scope of authority concerned on the delegate or it is in conflict with the Parent or Enabling Act, it is called substantive ultra vires. The validity of the subordinate or delegated legislation may be challenged before the Courts on this ground. It is a mechanism to curb down the exploitation of power by the administrative authority as we all know that power corrupts and absolute power corrupts absolutely. However in this field there is lack of development and there is no substantial change in the concept all though the changing nature of the current legislative method has widen the horizon of the power of the authority by giving them power to act according to the need of the time, even sometimes travelling beyond the restrictions.

Descartes Cogito Ergo Sum And Ontological Arguments

In this paper I intend to show that Descartes’ cogito ergo sum and ontological arguments both rely on the method of doubt and follow from the premise that essence implies existence. The cogito ergo sum is different from the latter one, however, from the fact that it did not contain the premise regarding the cause and effect of an idea having objective reality. The main problem with this argument is that while essence and existence were said to be inseparable, it does not happen to be the case. First of all, Descartes’ cogito ergo sum rests on the method of doubt, and it’s only true because it appears to him as most clear and distinct, and thus cannot be doubted. He said that, â€Å"What of thinking? I find here that thought is an attribute that belongs to me; it alone cannot be separated from me† . So what Descartes is saying here seems to mean that thinking is a quality that he possesses, and that he cannot exist without having this quality, which means t hinking is what justifies his being at this moment. He adds that, â€Å"I am, however, a real thing and really exist; but what thing? I have answered: a thing which thinks†. I take this to mean that the essence Descartes suggests here is him being a thinking thing. He is sure that he is a thinking thing because when he thinks that he is a thinking thing, it is impossible to say that he is not thinking, which is an attribute he claims to be a part of him in the beginning. The idea of this essence is pushed further in his waxShow MoreRelatedRene Descartes Ontological Argument957 Words   |  4 Pagesâ€Å"Cogito ergo sum† (â€Å"I think, therefore, I am†) (Descartes, Miller, Miller, 1983). Renà © Descartes was a philosopher of the 17th century who made major contributions to the field. Everything from his metaphysical arguments of existence of man to his proofs for the existence of God are still discussed and debated today. In the field of religion, most famous is his Ontological proof for the existence of God. In other words, proof that one can know God a priori, with no experience whatsoever. FollowingRead More Descartes Meditations Essay2147 Words   |  9 PagesDescartes Meditations In Descartes’ meditations, Descartes begins what Bernard Williams has called the project of ‘pure enquiry’ to discover an indubitable premise or foundation to base his knowledge on, by subjecting everything to a kind of scepticism now known as Cartesian doubt. This is known as foundationalism, where a philosopher basis all epistemological knowledge on an indubitable premise. 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The Violence And Drug Abuse - 1739 Words

In our days many people tend to listen to music almost anywhere they go. But unfortunately teenagers are the ones that get influenced by music the most, as they are less developed than the adults. In today’s days many singers and rappers that sing and rap about the drugs and violence. And for some reason that’s what teenagers prefer. The example of this singers would be O.T Genasis, Wiz Khalifa and Chief Keef. All these singers and rappers promote the violence and drug abuse in our society. In result, children become less successful in the society that they live and their physical abilities become less prominent. Resulting in very weaker generation. As a part of Chicago’s violent community, Chief Keef is known for his rap songs that only talk about drugs, violence and women. Chief Keef is also one of the most notable artists among the teenagers in Chicago. As many teenagers listen to Chief Keef’s lyrics, unfortunately many teenagers get influenced by it. In one of the Chief Keef’s songs called â€Å"I don’t like†, Chief Keef raps â€Å"I got a bad bitch, yeah that bitch right. We smoke dope all day, all night.† By rapping that, many young teenagers start thinking that smoking marijuana all day and all night is a cool thing because Chief Keef does that and many teenagers want to be like him. And as these teenagers get slightly older they become addicted to marijuana and then start taking much â€Å"harder† drugs. Also, Chief Keef through his lyrics promotes violence. As almost every songShow MoreRelatedThe Contribution Of Drug Abuse On Domestic Violence Essay1852 Words   |  8 P agesThe Contribution of Drug Abuse on Domestic Violence Substance abuse and domestic violence are closely interlinked on various grounds both in people s mind and scientifically. It is a common belief that substance abuse plays a significant role in the escalating numbers of domestic violence in the current society. 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The relationship between alcohol or other substance abuse and domestic violence is very complicated. A prevailing myth about domestic violence is that alcohol and drugs are the major causes of domestic abuse. In reality, some abusers rely on substance use (and abuse) as an excuse for becoming violent. Alcohol allows the abuser to justify their abusive behavior as a result of the alcohol. While an abuser’s use of alcoholRead MoreSubstance Abuse And Domestic Violence Essay1670 Words   |  7 PagesIn this paper I will be addressing the correlation that is between substance abuse and domestic violence. There are many factors that play a role in why domestic violence occurs in a home; this paper will be focusing on the factor of drug abuse in particularly. Early on in the course we learned that domestic violence does not only pertain to intimate partner violence but also to child abuse, elder abuse, and any other abuse of a person that occurs with inside the home. 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Exercise Physiology for Risks and Mitigation - myassignmenthelp

Question: Discuss about theExercise Physiology for Risks and Mitigation. Answer: Purpose of the study and expectation The purpose of this study is to learn of effects of sleep deprivation on exercise or effects of exercise after sleep and all these based on performance. My expectation was to find out whether it is true that enough sleep is important to sustain peak endurance during exercise for better performance as coaches and athletes agree on this factor. Does sleep deprivation really has any direct effect on exercise and performance? Explanation of the outcome Adequate sleep is important to sustain peak endurance during exercise for better performance as coaches and athletes agree on this factor. However, the physiological and psychological direct effects of sleep deprivation are yet to be established. There is no proper measurement of effects of sleep deprivation on exercise or effects of exercise after sleep. Sleep deprivation results to dramatic psychological changes in terms of performance on visual and memory task decreasing as well as reaction to time (Walter 1978). However, in comparison to physiological changes, sleep loss does not have an apparent effect on a person physiologically. The connection between sleep loss and its effects on performance is yet to be proved and be agreed on therefore making the findings to be inconclusive and at conflict. There is no proper measurement of effects of sleep deprivation on exercise or effects of exercise after sleep and all these based on the overall performance. It is noted that physiologic al correlates of exercise performance can be affected by sleep deprivation .Variety of studies have been made concerning sleep deprivation and its effect on performance and exercise but none has had an established conclusive answer (Doran 2001). Studies and explanation of this hypothesis The two major studies that I used to explain my hypothesis is; 1. Exercise after sleep deprivation whereby I found out that as much as enough sleep is important to sustain peak endurance during exercise for better performance as coaches and athletes agree on this factor. However, the physiological and psychological direct effects of sleep deprivation are yet to be established. There is no proper measurement of effects of sleep deprivation on exercise or effects of exercise after sleep. Sleep deprivation results to dramatic psychological changes in terms of performance on visual and memory task decreasing as well as reaction to time. However, in comparison to physiological changes, sleep loss does not have an apparent effect on a person physiologically. In this study we look at how physiological effects of sleep loss have an influence over exercise. Various exercises from mid to maximal intensities were done so as to measure the responses to cardiovascular, metabolic and respiratory p rocesses (Dempsey 1977). 2. The second study was on one night of sleep deprivation decreasing treadmill endurance performance. Here the aim was to test this hypothesis and investigate the effects of one night sleep deprivation on endurance in the running performance. After an experiment was performed, my hypothesis was supported and shows that with the 30 hours of sleep deprivation, there was a major effect on endurance performance of running in the treadmill. Another discovery was that participants perception of effort had an effect on performance as there was decrease in the endurance performance following the night without sleep (Brodan et al 1969). Participants The participants in my study were eleven recreational active and healthy males were picked randomly to complete the experiment in random trials separated by 7 days. One after normal sleep and another following a 30 hour without sleep. Variables in my study This study has both independent and dependent variables. The independent variable in this study is whether the participants performance and exercise will be affected by sleep deprivation. The dependent variable is the effects of these exercises on the participants cardio-respiratory, thermoregulatory and perception of effort responses during intense exercise. Study approach This experiment was done after an acute sleep deprivation process of 30 hours and results taken before, during and after the exercises. The experiment was based on random trials separated by 7 days. One after normal sleep and the other was following a 30 hour without sleep. Breathing was measured by use of a spirometer. The expired gas samples from breathing were put into test and it was noted that after the exercise the breathing effort was labored. An experiment was done to eleven active and healthy male participants to show submaximal exercise after sleep loss. The experiment was to investigate the effects of sleep deprivation and the after effects manifested after the deprivation. The exercise was to take seven days and the participants were to be monitored every day for the seven days. Before the exercise the participants were familiarized with the experiment procedures before undertaking the exercise. Daily exercises were required for the seven day experiment to see both physio logical and psychological responses of each participant (Doran 2001). Food was reduced to a light breakfast which the participants ate every four hours before each experiment. All exercises were done on a treadmill and speed and distance was tested as well as skin temperatures and heart rates. The 30 hours of sleep deprivation had limited effect on cardio-respiratory and thermoregulatory processes even after intense running exercise. The heart rate decreased by 7-8 beats min during the distance test and oxygen intake was also increase due to intensity of the exercise and due to sleep deprivation. Risks and mitigation of those risks The risk that was involved in this test was the prolonged sleep deprivation of 30 hours on the participants and subjecting them to very intense treadmill exercise for seven days. These intense approaches could affect endurance performance of the participants. However, the risks were mitigated by randomly separating the trials and splitting the seven days by incorporating rests in between. The participants were also health males who signed a consent contract to undertake the trial. The participants were also provided for estimated energy requirements and control nutritional and hydration status. Water was provided equaling to 35 ml and energy requirements were also available and enough (3280 (209) kcal d-1). Findings by use of a table on ratings of perceived exertion (RPE minimum rating6, maximum 20) during light, moderate and heavy exercise before and after sleep deprivation. Experimental series Control series Day 1 Day 2 Day 3 Day 1 Day 2 Day 3 Light exercise RPE 6.3 6.9 6.3 6.4 6.3 6.2 Moderate exercise RPE 10.5 12.3 11.0 10.9 10.7 10.6 Heavy exercise RPE 14.4 17.1 15.6 15.2 14.9 14.7 During submaximal exercise, sleep deprivation left no changes in all physiological variables as shown in the above table. During maximal exercise, sleep deprivation did not change heart rate and did increase on the perceived exertion ratings in the moderate and heavy exercise (Copes 1972). It is clear to note that the return of perceived exertion to near control levels following a night of sleep shows that recovery from acute sleep deprivation may be rapid. Experiment findings Sleep deprivation mostly does not affect physical performance but has a direct effect on human cognitive and motor functioning. This has been proved before that sleep deprivation is more psychological than it is physiological. Human cognition is more psychological and motor performance is more physiological. Sleep deprivation has effects on performance and physical exercises and it affects the performance of a person engaging in exercise and the recovery process. Many athletes are affected by sleep and it results to effects on performance and post exercise recovery. There is substantial scientific evidence showing a connection between sleep, metabolic functions and cognitive processes. Sleep deprivation is majorly linked to cognitive impairment which is mostly a psychological function. Sleep deprivation also affects negatively the metabolic functions and physiological process Armington 1959). Enough sleep has a positive impact on optimal performance as many athletes, coaches and trai ners have confirmed. However, more sophisticated methodology is needed to prove this fact as little is known on the connection between sleep and post-exercise recovery and performance. It is noted that physiological correlates of exercise performance can be affected by sleep deprivation. More studies are being made thoroughly to investigate on the connection of sleep to training, PER and performance in exercise (Spielgel 1999). Study Results After the study I got results that agreed with what was in the literature a number of people may be prone to exposure to sleep loss or sleep deprivation based on different situations and circumstances. Despite the claims from different studies made that adequate and quality sleep is important for maximum performance, there is no substantial evidence to prove the same. There is little or no proof to tie sleep deprivation effects on exercise performance. It is noted that physiological correlates of exercise performance can be affected by sleep deprivation. Sleep deprivation can be caused by a variety of factors such as cardiovascular, metabolic and respiratory processes. Sleep deprivation results to dramatic psychological changes in terms of performance on visual and memory task decreasing as well as reaction to time. However, in comparison to physiological changes, sleep loss does not have an apparent effect on a person physiologically. Sleep deprivation mostly does not affect physica l performance but has a direct effect on human cognitive and motor functioning. This has been proved before that sleep deprivation is more psychological than it is physiological. Human cognition is more psychological and motor performance is more physiological. . It is possible to endure and tolerate intense exercises even with sleep deprivation in all situations through increased perceived efforts. Many athletes are affected by sleep and it results to effects on performance and post exercise recovery (VanHelder 1989). . Acute sleep deprivation reduces exercise tolerance and therefore affects performance coupled with other various practical situations. These situations that can cause sleep loss are such as military personnel on sustained operations, workers who work on shift patterns and also athletes who travel through different time zones as well as people who suffer from acute insomnia. However, studies regarding performance in exercise after sleep loss are yet to be conclusive a nd accurate. Limitations on experiment and remedies During my experiment I faced one limitation and that was conclusive and accurate information regarding effects of sleep deprivation and performance. If I was to do the experiment again I would ensure I have enough information on how acute sleep deprivation could have effect on obtaining maximum performance in exercise. More proof and added information is required to connect sleep deprivation and its effect on physical performance and human cognitive and motor functioning. This will be able to answer if sleep deprivation is psychological or physiological. References Armington JC and L. L. Mitnick. Electroeneephadogram and sleep deprivation. J. Appl. Phystol. 14:247-250. 1959. Borg. G. Perceived exertion. In: Exercise and Sport Sciences Reviews. J. H. Wilmore (Ed). New York: Academic Press. 1974. Pp. 131-153. Buysse DJ, Reynolds CF, Monk TH, et al. The Pittsburgh Sleep Quality Index: a new instrument for psychiatric practice and research. Psychiatry Res 1989; 28(2):415-56. Copes K, Rosentweig J (1972). The effects of sleep deprivation upon motor performance of ninth-grade students. J. Sports Med Phys Fitness 12:47-53. Dempsey JA, Gledhill N, Reddan WG, Forster HV, Hanson PG, Claremont AD (1977) Pulmonary adaptation to exercise: effects of exercise type and duration, chronic hypoxia and physical training. Ann NY Acad Sci 301:243-261. Dempsey JA, Gledhill N, Reddan WG, Forster HV, Hanson PG, Claremont AD (1977) Pulmonary adaptation to exercise: effects of exercise type and duration, chronic hypoxia and physical training. Ann NY Acad Sci 301:243-261. Doran SM; Van Dongen HP, Dinges DF, Sustained attention performance during sleep deprivation: evidence of state instability. Arch Ital Biol 2001 (Apr);139(3):253-67. Himashree G, Banerjee PK, Selvamurthy W. Sleep and performance recent trends, Indian J Physiol Pharmacol 2002 (Jan);46(1):6-24. National Sleep Foundation 2006 Sleep in America Poll. National Sleep Foundation. Available at: https://www.sleepfoundation.org/atf/cf/[F6BF2668-A1B4-4FE8-8D1A-A5D39340D9CB]/2006_summary_of_findings.pdf. Accessed August 20, 2007. Spiegel K, Leproult R, Van Cauter E. Impact of sleep debt on metabolic and endocrine function. Lancet 1999; 254(October 23): 1435-9. Tomporowski PD, Ellis NR. Effects of exercise on cognitive processes: a review. Psychol Bull 1986 (May);99(3):338-46. VanHelder T, Radomski MW. Sleep deprivation and the effect on exercise performance. Sports Med 1989 (Apr);7(4):235-47. VanHelder T, Radomski MW. Sleep deprivation and the effect on exercise performance. Sports Med 1989 (Apr);7(4):235-47. Walker JM, Floyd TC, Fein G, Cavness C, Lualhati R, Feinberg I (1978). Effects of exercise on sleep. J Appl Physiol 44:945-951.

Argumentative and Persuasive Current State Essay Example For Students

Argumentative and Persuasive Current State Essay Laws on Human Cloning Cloning Argumentative Persuasive EssaysCurrent State Laws on Human Cloning California Cal. Health Safety Code, 24185 to 24189. Bans efforts to create a human being by utilizing somatic cell nuclear transfer for the purpose of, or to implant, the resulting product to initiate a pregnancy that could result in the birth of a human being. Ban is to expire January 1, 2003 unless extended by legislature. Louisiana La. Rev. Stat. Ann. tit. 40 1299.36 to 1299.36.6. Forbids any person to clone or attempt to clone a human being, and forbids a health facility or agency to allow any individual to clone or attempt to clone a human being in a facility owned or operated by the health facility or agency. Clone is defined as in California law, to involve an intent to initiate a pregnancy. However, a separate state law prohibits intentionally destroying a viable fertilized ovum, and requires that no in vitro fertilized human ovum will be farmed or cultured solely for research purposes or any other purposes. La. Rev. Stat. Ann. tit. 9, 129, 122. Whether this prohibits use of cloned embryos for research depends on how courts will interpret the phrase fertilized human ovum. Michigan Mich. Comp. Laws 333.16274, 333.16275, 750.430a. Forbids any individual to engage in or attempt to engage in human cloning, applying civil penalties (up to a $10 million fine) and criminal penalties ($10 million fine and up to ten years in prison). Human cloning means the use of human somatic cell nuclear transfer technology to produce a human embryo. 333.16274(5). This law clearly forbids creating a cloned human embryo for any purpose, including research. A separate state law also forbids using a live human embryo for nontherapeutic research if the research substantially jeopardizes the life or health of the embryo Performing such research is a felony. 333.2685 (1), 333.2691. Rhode Island R.I. Gen. Laws 23-16.4-2 to 23-16.4-4. Bans use of somatic cell nuclear transfer for the purpose of initiating or attempting to initiate a human pregnancy, as well as the creation of genetically identical human beings by dividing a blastocyst, zygote, or embryo. The law seems to ban cloning by nuclear transfer only if done to initiate a pregnancy. However, a separate law prohibits the use of any live human fetus, whether before or after expulsion from its mothers womb, for scientific, laboratory research, or other kind of experimentation. R.I. Gen. Laws 11-54-1(a). An analysis commissioned by the National Bioethics Advisory Commission interprets this law to ban research on in vitro embryos altogether, apparently including cloned embryos. NBAC, Ethical Issues in Human Stem Cell Research, Vol. II, pages A-4, A-10. South Dakota S.D. Codified Laws 34-14-16 to 34-14-20. Under this law it is a crime to conduct nontherapeutic research that destroys a human embryo or that subjects a human embryo to substantial risk of injury or death. Nontherapeutic research means researc h that is not intended to help preserve the life and health of the particular embryo subjected to risk. A person also may not use for research purposes cells or tissues that the person knows were obtained by performing such harmful nontherapeutic research. Human embryo is defined as a living organism of the species Homo sapiens at the earliest stages of development (including the single-celled stage) that is not located in a womans body. The law applies to human embryos regardless of whether they arose from fertilization, so it certainly bans experimental cloning in which human embryos are destroyed, as well as any use of cells or tissues obtained by destroying them. Given the current survival rate of human embryos created by cloning, it also has the effect at present of banning the basic research in human cloning designed to prepare the way for attempts at cloning for live birth. Virginia Va. Code Ann. 32.1-162.21, 32.1-162.22. The law forbids human cloning, defined as the creati on of or attempt to create a human being by transferring the nucleus from a human cell from whatever source into an oocyte from which the nucleus has been removed. It also forbids anyone to implant or .u31fc4c8c60081b631a067ae2946d7a87 , .u31fc4c8c60081b631a067ae2946d7a87 .postImageUrl , .u31fc4c8c60081b631a067ae2946d7a87 .centered-text-area { min-height: 80px; position: relative; } .u31fc4c8c60081b631a067ae2946d7a87 , .u31fc4c8c60081b631a067ae2946d7a87:hover , .u31fc4c8c60081b631a067ae2946d7a87:visited , .u31fc4c8c60081b631a067ae2946d7a87:active { border:0!important; } .u31fc4c8c60081b631a067ae2946d7a87 .clearfix:after { content: ""; display: table; clear: both; } .u31fc4c8c60081b631a067ae2946d7a87 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u31fc4c8c60081b631a067ae2946d7a87:active , .u31fc4c8c60081b631a067ae2946d7a87:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u31fc4c8c60081b631a067ae2946d7a87 .centered-text-area { width: 100%; position: relative ; } .u31fc4c8c60081b631a067ae2946d7a87 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u31fc4c8c60081b631a067ae2946d7a87 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u31fc4c8c60081b631a067ae2946d7a87 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u31fc4c8c60081b631a067ae2946d7a87:hover .ctaButton { background-color: #34495E!important; } .u31fc4c8c60081b631a067ae2946d7a87 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u31fc4c8c60081b631a067ae2946d7a87 .u31fc4c8c60081b631a067ae2946d7a87-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u31fc4c8c60081b631a067ae2946d7a87:after { content: ""; display: block; clear: both; } READ: Styrofoam and Clam Shells as Tiles Essay