Best Meal Ever Essay Example for Free

Best Meal Ever Essay Coming home from a long shift from work, my girlfriend greeted me at the front door of our house with a big warm hug and a smile. As we catch up with our day, I smelled the most alluring aroma coming from the kitchen. I cooked up something special for us today, she announced excitedly. I follow my nose to the kitchen to find a delicious collection of shrimp, rice, clams, slices of beef and vegetables surrounding a big bubbling pot in the center of our table. Eyes wide open and nostrils flaring, my mouth immediately floods with salivation as I gaze at the most appetizing view. We sit at the table already prepped with plates, silverware, napkins and a pair of ladles. The pot in the center of the table is angry with boiling solution. The plump shrimp and slices of savory beef are still cold and fresh in their packages while the mushrooms, onions and carrots have been chopped to pairs of dice. The clams are nestled neatly in a bowl of ice and the rice is steaming from a tall bowl awaiting consumption. Finally, we gently place a few slices of beef and shrimp into the pot with the ladles for our first taste. To my surprise, the food only takes a few minutes to heat in the pot before it is fully cooked. With my ladle, I fish out the shrimp and slices of beef and plant them in my mouth. A delicious fireworks display sets off immediately! The beef melts in my mouth without any real effort of chewing, while the shrimp mimics a velvety texture. I load the ladle with vegetables and dunk it in the pot for my next fixing. After a few moments, I am overwhelmed with savory mounds of organic goodness. As I absorb the luscious delicacies I am taken into nirvana, then I take a moment to organize my thoughts as my brain is overloaded with sensory pleasure. I try the clams and the rice next, without disappointment, I get sent off into a roller coaster ride of flavors. The clams are silky in texture as they slide around my throat. The rice is warm and wholesome as the grains it was harvest from. The soup is abounding with spices and herbs that tickle my mouth as they dance with my tongue. My brain gets rocketed into another world as it tries to make sense of all the variety of tastes and smells as I continuously bombard myself uncontrollably with food. After what seemed like  an everlasting event, we finished a feast. My brain and the sensory neurons from my tongue have been exhausted as they had never experienced such a sensation. My stomach is at full capacity but humbled as it hugs my hips for the pleasing event. My girlfriend had prepared a master piece symphony. This has been the most delicious meal I have ever eaten.

Market strategy of Nokia

Market strategy of Nokia This report concentrates on the performance of Nokia in the year 2009 and the strategies which led to the same. The report begins with a brief introduction of the company and follows with PEST-G and SWOT analysis for the same. In addition to this a competitor analysis has been done to compare Nokias performance to its competitors and thereby analyzing its market share. Nokia seems to outperform its competitors due to a larger market share it enjoys. As we go further, a more detailed discussion of its marketing strategies can be seen. Nokia faces more competition today than a few years ago. The invasion of Android operating systems are more preferred than Nokias Symbian operating system. Targeting, positioning and segmentation have been analysed on the basis of a few key models. The report finally concludes with the evaluation of these strategies adopted by Nokia and how effective they have been or will be in the future. INTRODUCTION Around 1.2 billion (17%) people in the world connect through Nokia every day thereby proving their claim of, Connecting People. Nokia is a public limited company that is listed on three stock exchanges: NYSE, FWB and OMX. Nokia was founded in 1865 on the banks of the Nokianvirta River in Finland to produce a product very different from what it is commonly known for. It evolved from manufacturing paper to rubber to cables to electronics and then finally the mobile phone. The company owes its diversification and entry into mobile communications to its former President and CEO, Jorma Ollila who decided in 1992 to capitalize on the potential of this upcoming and growing sector. He decided to move out of their other businesses to focus on the development of communication products which was more profitable than their other business ventures. (Nokia online) THE MARKET ENVIRONMENT Nokia is a multinational company headquartered in Finland. It employs a total of 123,553 people worldwide and sells its products in over 160 countries. Nokia has Research Development Departments in 16 countries with 17,196 employees. Its major markets are in China, India and UK. From 2008-09, Nokias market share increased in China but decreased in India and UK. The reason for its declining market shares is possibly due to increase in competitors in India and the markets already being saturated in UK. Nokia produces technological products like mobile phones and smart phones, mobile computers and networks. PEST-G Analysis Under this section, the environmental factors affecting Nokia will be highlighted. The Competition Nokias top competitors in mobile devices are Samsung, LG, RIM and Sony Ericsson but in its smart phones, they face competition from Apple and RIM. According to the 1Q reports in 2010 (table 1.1appendix), Nokia shows declining market share. Samsungs share increased in India, one of Nokias top markets. RIMs market share also went up while LG and Sony Ericssons market shares declined in value. (Gartner online) Nokia may enjoy the larger share of the market but being complacent may have its adverse effects on the firms profitability. The operating system Symbian used by Nokia is user-friendly but has very limited applications. Whereas, the operating system Android being adopted by most of its competitors is an open system that allows its users to have access to a large number of applications. Also, the operating systems of RIM and I-Phones are quickly eating up Nokias market share. The Company Increasing competition and saturation of markets is causing Nokias sales to decline causing a major decline in its profits. Source (Annual reports) Drawn on the basis of table 1.2 appendix In 2009, Nokia predicted slight improvement in their market share in 2010 but were faced with negative outcomes. According to the 3Q report of 2010, Nokias shares have fallen to about 30%.The downward trend of profits is of great concern to the company. (Total Tele online) Nokia is the manufacturer of mobile phones but it does not sell directly to its end users. It engages in transactions between businesses (B2B), for instance it sells its products to wholesalers and retailers locally and internationally. This allows Nokia to make higher volumes of transactions. This chain of distribution is explained in greater detail under the marketing mix. SWOT Analysis Nokias internal and external factors can be summarized as below Internal Strengths: Market Dominance: Its market share is more than its top 3 competitors combined Good brand name and brand loyalty Takes into account customer preferences Nokia ranks 41st in Fortunes Worlds Most Admired Companies (http://money.cnn.com/magazines/fortune/mostadmired/2010/snapshots/6652.html) Reliable good quality products Value for money and has good resale value Weaknesses: Playing catch up with its competitors failing to bring differentiated products with a high level of competitive advantage to the market It has failed to make a brand of their models. For example, there is Samsung Galaxy S, LG Chocolate, Apple I-phone while Nokia is still using serial numbers to name its models. Their market share is declining constantly due to lack of innovative products and failure to capture the first mover advantage Insufficient marketing as opposed to its competitors Their software Symbian is under great criticism EXTERNAL Opportunities: Emerging markets like India and China hold great potential Middle East and Northern African nations are potential markets New innovative products with high competitive advantage Secure weakening position by entering into contracts with network operators to expand market share Acquire better software systems Threats: Direct competitors and threat from companies not considered as competition Their software system is no match to the Android and I-Phone software. Recession Smart phones are not competitive enough Brand image weakening/boring image Imitation (fake) and cheap products claiming to be Nokia can damage brand Nokias Marketing Strategy Based on several similar characteristics Nokia can segment their market: Demographic Features: Age and Gender: Nokia products appeal to most age groups and are more unisex. They are now introducing mobile phones with vibrant colors that would appeal to women and also the younger generations Income: Low Eg- C-series and dual sim phones Middle to High -Eg- N-series, E-series, Communicators Very High Eg- Vertu Phones Occupation: Businessmen they need phones that look professional and have multiple features: 3G technology, web access on-the-go, support organizing functions and connecting with clients. The Nokia E-series, N-series and Communicators are targeted at satisfying certain needs of businessmen. Students social networking, gaming features, and music options are the eye-catching characteristics sought by this demographic class. The N-series and Xpress Music models are quite popular in this segment. Level of Education: The user-friendly aspect of Nokia phones makes it easy for even illiterates to operate the phones. For those who like to read and use their phones aside from their communication functions, the latest Nokia phones like the N900 and other smart phones would be of great interest to them. Behavioural and Psychographic: Benefits Sought: Most Nokia products provide its users value for money as they satisfy multiple needs. For instance the Xpress Music models not only allow you to stay connected but also keep you entertained with its walkman features. Usage: Suitable for heavy or light usage. Perception and Personality: Customers perceive Nokia as a reliable and user friendly brand. Varying models for different personalities and tastes. Targeting And Positoning After Nokia has segmented its market, they develop a differentiated strategy for different segments. They aim to increase their market share by catering to all the segments. Even though their history of past products show their suitability for all age groups, recently launched products seem to be targeting the younger generation with a high level of involvement in this field. Nokia alongside its competitors Samsung, LG and Sony Ericsson offer its users a wide range of products at higher prices. They are able to charge such prices because of their brand image and benefits received by the customers in relation to the price they pay to obtain it. RIM and Apple also sell their products at high prices but they focus only on a narrow range of products. There strategy contradicts the former group as they focus on generating high revenues on the basis of the success of fewer product ranges. Nokia already enjoys a good position in relation to its competitors. Their brand is a self promoting tool. They like to market themselves as a brand that prioritizes its customers and adds value to their products. Nokia benefits by being an all-rounder in the manufacturing of mobile devices and the perception of being one of the best reliable brands in this industry. By supplying products of all ranges, low income to high income, professional to gaming, fancy to elegant, premium luxury to necessity the brand clearly displays its presence and dominance. MARKETING MIX The marketing mix consists of 4 elements (Product, Price, Place and Promotion), each of which will be discussed in detail below: Product No longer is the mobile phone a mere means to make phone calls but to perform more diverse functions like access the web, click photographs, share data, enjoy music, connect with friends through social networking sites, play games etc. Nokia manufactures a large number of differentiated handsets to cater to their wide and diverse target segments.Their products vary according to their features and serial numbers. They have successfully sold the Nokia C-series, N-series, E-series, Xpress Music models, Communicators and other mobiles with the power of their brand name. Recently they have launched the Ovi Stores which enable its users to download applications of their interest online. The most notable feature of the Ovi stores is their Ovi maps. In order to compete with their competitors, they are reducing their reliance on the Symbian operating system and developing models with the Maemo and Maego Operating Systems which are more open and allow users to develop their own games and share it with the rest of the world online. Product Life Cyle The N900 can be considered to be in its growth stage where the company has already reached its Break-Even-Point and is generating profits. Phones like the N97 and N91 have already matured and are generating constant returns and competing against its rivals. The Nokia Communicators are in the decline stages as the demand for older versions has fallen and competitors are offering better alternatives. In order to grow their market share, Nokia goes for product development i.e. launching new products in existing markets. Applying the BCG matrix (Boston Consulting Group), Nokia can be classified as the Cash Cows as they hold a greater share of the market but are not growing at the same pace as the growth of the market. As the market is growing, their share is reducing. This leads to implementing strategies to defend their position. Price Nokia adopts 2 pricing strategies. They price their products on the basis of: Market skimming technique i.e. setting high prices at the launch of the product and gradually reducing the prices when competitors enter the market. Competitors price they price their products more or less at the same price as their competitors. Place Nokia does not sell directly to its end users. It uses indirect channels through which it distributes its products to the mass population. They are engaged in Business-to-Business transactions. For example, Nokia sells their products to Sharaf DG, Axiom Mobiles, Jumbo, Jackys, etc in the UAE who then sell it to its end users. Promotion Nokia promotes itself mainly through advertising and sponsoring events. They use strong brand ambassadors like Priyanka Chopra and Shahrukh Khan in mass media advertising through Televisions. They develop effective and catchy advertisements where their brand name is the main selling point. Evaluation of Nokias Strategies Nokia has performed remarkably well in securing the position it enjoys today of being the market leader. But the real challenge they face is securing and maintaining this position. Being the dominant player, it should have been able to easily drive away the competition in the Smartphone market and grabbed the first mover advantage. Whereas it is playing catch up with RIMs BlackBerry and Apples I-Phone. Their efforts need to be more effective and their products more competitive as they have not been able to launch a product recently that can be classified as a paradigm shift. Conclusion: Nokia has performed well in the year 2009, however failure to overcome technologies of other smart phones can lead to a big damage to Nokia. Even though the brand name Nokia is sufficient to drive sales, the aggressive marketing and advertising strategies undertaken by its rivals can cause sufficient damage to their cash flows. Hence they need to focus more on not only advertising their brand but also their competitive advantages over its rivals. None the less, it is by far the most preferred brand of consumers according to a survey conducted in the UAE (Arabian business online) APPENDIX Table 1.1 Market Share of Top 5 Mobile Vendors from 2009-10 Table 1.2 Sales and Profit of Nokia for the past 5 years YEAR 2005 2006 2007 2008 2009 Sales 34191 41121 51058 50710 40984 Profit 3616 4306 7205 3988 891

Comparing Black Boy and Their Eyes Were Watching God Essay -- comparis

Black Boy and Their Eyes Were Watching God      Ã‚   After World War I, Harlem became known for the sudden emergence of literature, theater and music attributed to the migration of African Americans from the South and other cities. Both Zora Neal Hurston and Richard Wright emerged as writers this time, this, however, should not be the sole basis for comparison of their writing as writers themselves. Both Wright and Hurston had different agendas as writers and it is not as important to note their upbringing and backgrounds, but their audiences and the reason that drove them to write.    Zora Neal Hurston was born in Eatonville, Florida, an all black community in 1891. She is known mainly for her novels, but she was also an anthropologist and folklorist. She studied under Franz Boas while at Barnared College and conducted fieldwork in Harlem. This is important because it held her to systematically collect and study the legends, myths and dialect of her informants. Boas stressed that no culture is superior to another and cultures should be studied equally. Hurston was criticized for using dialect, being a "sensual" writer and writing for the mainstream (white) society. Her writing was unlike Wright's, whom Henry Louis Gates, Jr. calls "Hurston's dominant black male contemporary and rival" (188).    Richard Wright was born in 1908 in Mississippi and describes his childhood an autobiographical novel he published in 1945, Black Boy. Wright grew up in the racially charged South and sought to quench the physical hunger he has felt since his father abandoned the family and the spiritual hunger that he was unable to find even though his grandmother was very religious. This hunger, whether tangible or not, led him on a journey... ...cs such as goodness, humility, love, or kindness. His writing can be interpreted as a call to arms at a time when he felt Blacks were apathetic to the problems facing Blacks. The wide scope of these two writers shows how labels are used to categorize people, thus creating a stereotype.    Works Cited Gates,Henry Louis Jr. Afterward. "Zora Neale Hurston: 'A Negro Way of Saying.'" Their Eyes Were Watching God by Zora Neale Hurston. 1990 ed. Hurston, Zora Neale. Their Eyes Were Watching God. New York: Perennial Library, 1990 ed. Walker, Alice. "In Search of Zora Neale Hurston." Ms. (March 1975): 74-79, 85-89. Ward, Jerry W. Jr. Introduction. Black Boy. 1998 ed. Washington, Mary Helen. Foreword. Their Eyes Were Watching God by Zora Neale Hurston. 1990 ed. Wright, Richard. Black Boy (American Hunger): A Record of Childhood and Youth. 1998 ed. Comparing Black Boy and Their Eyes Were Watching God Essay -- comparis Black Boy and Their Eyes Were Watching God      Ã‚   After World War I, Harlem became known for the sudden emergence of literature, theater and music attributed to the migration of African Americans from the South and other cities. Both Zora Neal Hurston and Richard Wright emerged as writers this time, this, however, should not be the sole basis for comparison of their writing as writers themselves. Both Wright and Hurston had different agendas as writers and it is not as important to note their upbringing and backgrounds, but their audiences and the reason that drove them to write.    Zora Neal Hurston was born in Eatonville, Florida, an all black community in 1891. She is known mainly for her novels, but she was also an anthropologist and folklorist. She studied under Franz Boas while at Barnared College and conducted fieldwork in Harlem. This is important because it held her to systematically collect and study the legends, myths and dialect of her informants. Boas stressed that no culture is superior to another and cultures should be studied equally. Hurston was criticized for using dialect, being a "sensual" writer and writing for the mainstream (white) society. Her writing was unlike Wright's, whom Henry Louis Gates, Jr. calls "Hurston's dominant black male contemporary and rival" (188).    Richard Wright was born in 1908 in Mississippi and describes his childhood an autobiographical novel he published in 1945, Black Boy. Wright grew up in the racially charged South and sought to quench the physical hunger he has felt since his father abandoned the family and the spiritual hunger that he was unable to find even though his grandmother was very religious. This hunger, whether tangible or not, led him on a journey... ...cs such as goodness, humility, love, or kindness. His writing can be interpreted as a call to arms at a time when he felt Blacks were apathetic to the problems facing Blacks. The wide scope of these two writers shows how labels are used to categorize people, thus creating a stereotype.    Works Cited Gates,Henry Louis Jr. Afterward. "Zora Neale Hurston: 'A Negro Way of Saying.'" Their Eyes Were Watching God by Zora Neale Hurston. 1990 ed. Hurston, Zora Neale. Their Eyes Were Watching God. New York: Perennial Library, 1990 ed. Walker, Alice. "In Search of Zora Neale Hurston." Ms. (March 1975): 74-79, 85-89. Ward, Jerry W. Jr. Introduction. Black Boy. 1998 ed. Washington, Mary Helen. Foreword. Their Eyes Were Watching God by Zora Neale Hurston. 1990 ed. Wright, Richard. Black Boy (American Hunger): A Record of Childhood and Youth. 1998 ed.

Outsourcing Jobs To Foreign Countries Essay -- Outsourcing Globalizati

Outsourcing Jobs to Foreign Countries Due to the lack of employment in foreign countries, companies that outsource work overseas are not only beneficial to themselves but also to the service providers being employed. The initial benefit that catches the public’s eye from outsourcing is a cost reduction on the company’s part. But that is not the only benefit from outsourcing or even the key benefit that causes companies to outsource, on the other hand, outsourcing has its disadvantages as well. Outsourcing, like every developing idea being implemented into our economy, has its pitfalls and drawbacks such as staff cuts and information leaks, there are also cases of breach of contract. Despite all the advantages and disadvantages of outsourcing, it is a wheel in motion and is becoming more than just a question of whether or not a company will outsource but it is a question of how much or how little of the company’s work will be outsourced offshore. This having been said; let us discuss the benefits an d pitfalls of offshore outsourcing. Companies not only benefit from cost reductions overseas or the ability of the company to specialize in one area of expertise but also outsourcing certain work lets designers and engineers focus on more important tasks. To illustrate, â€Å"In Calcutta, India, a team of engineers is designing bottle caps ... Back home in Indiana, a team of engineers that used to design the same bottle caps now focuses on more value-added engineering work since some of their design responsibilities have been taken away.† (Katz, J., 2006). Outsourcing from the start was initiated to reduce non-core tasks, such as inventory management and logistics from the already full list of tasks appointed to company heads, â€Å"not an ... ...g. There is an undeniable fact here, that outsourcing is no longer just a strategy to succeed but a tactic used in everyday business. References Carnevale, Dan. "Technology Companies Bring Outsourcing Home.(Rural Sourcing Inc.)." The Chronicle of Higher Education 52.31 (April 7, 2006): NA. InfoTrac OneFile. Thomson Gale. Apollo Group. 9 July 2006. Katz, J. (2006). LEARNING TO LET GO. Industry Week/IW, 255(7), 31-34. Retrieved Sunday, July 09, 2006 from the Academic Search Premier database. Panchak, P. (2006). Next-Generation Outsourcing. Industry Week/IW, 255(7), 11-11. Retrieved Sunday, July 09, 2006 from the Academic Search Premier database. "The outsourcing source book. (the pros and cons of outsourcing) (Productivity in the '90s)." Journal of Business Strategy 14.n3 (May-June 1993): 52(5). InfoTrac OneFile. Thomson Gale. Apollo Group. 9 July 2006

Magical Realism and Mans Search For Meaning Essay -- Literature Essay

Magical Realism and Man's Search For Meaning    Magical realism was first coined by Franz Roh when he was writing about paintings. Artaro Ulsar Pietri was the first to use the term when talking about literature. Magical realism is also related to other academic fields such as philosophy, psychology, mathmatics, physics, and theology. Im magical realism, "the writer confronts reality and tries to untangle it, to discover what is mysterious in things, in life, in human acts" (Leal 121). Viktor E. Frankl uses this concept in his book Man's Search For Meaning. The magical realist characteristics that relate to this story include defamiliarization and supplementation. Through Man's Search For Meaning, Frankl explores "a reality which is already in and of itself magical or fantastic" (Simpkins 149). It tries to magnify and enlarge the small amd simple things in life. Defamiliariazation is used through human life (Simpkins 150). Defamiliarization is when an object that is common and everyday is shown in a new way that one never saw or noticed before. Supplementation is when realit...

Music Is More Than Just a Source of Entertainment for People All over the World

Music is more than just a source of entertainment for people all over the world. For many, many centuries music has been used for reasons other than just entertainment. Take our National Anthem†¦Ã¢â‚¬ The Star Spangled Banner† for example. It was written as a patriotic song and, its purpose was to evoke the countries struggles of the past, traditions, and its history. During the 1800’s when slavery was permitted the seemingly innocent spirituals, as the slave songs came to be known, were more than simple hymns of endurance and a belief in a better after life.As sung by slaves and their descendents, the spirituals allowed the slaves to communicate secret messages and information to each other about the Underground Railroad. Music can also be therapeutic, improving our emotional estate, sleep patterns, eating habits, social skills, and behavioral awareness. It’s inspirational, energetic, and lyrically scenic. It can also be memorable, emotional, life experienc ing and many other things for people everywhere. Often music is even a mood setter.It can be calming, relaxing or even anger releasing for many people. From the day that I was brought into this world, if not before, the first words and sounds that my mother spoke to me were in the form of a lullaby. She soothed me to sleep, and taught me my ABC’s. Music has helped me, grow emotionally, physically, and intellectually, while simultaneously entertaining. Music for many, such as myself, is also a source of identity and individuality for all, as most prefer different styles and types of music

Separation of Powers – Importance of Judicial Independence

The Jamaican Constitution (hereinafter â€Å"the Constitution†) came into effect with the Jamaica Independence Act of 1962. The Act was tabled to ‘make provision for and in connection with, the attainment by Jamaica of fully responsible status within the Commonwealth. ’ This document formed the framework for Jamaica’s political independence and created the premise on which this fledgling nation could carve out its own legal system based on its own moral, cultural and political experience.The Constitution though largely reflective of the previous colonial relationship, has within it an innate balance of power between the arms of government that is theoretically and fundamentally positioned to support the country’s self-governance. This balance is so designed, to facilitate the critical functions of government while ensuring that no single body so fully controls the reins of power that it’s will can be imposed without the acquiescence of the oth er parties, and the greater society.This balance is grounded in the principle of the Separation of Powers, implied by the Constitution. With the complex interplay of relationships, and the significance of power within the Executive, the Legislature and the Judiciary, the latter emerges as the keepers of the gate in maintaining this equilibrium through its function as the arbiters of justice. The Doctrine of the Separation of Powers was first proposed by the Greek philosopher Aristotle (384-322BC), and made popular in the 17th century by French writer Charles Louis de Montesquieu.Montesquieu argued that for an independent judiciary to exist, the three arms of government must have separate and independent powers within their areas of responsibility, otherwise we run the risk of there being no liberty, arbitrary control, violence and oppression. This principle may be applied to varying degrees in any legal system and may or may not be a legal restriction; however it is a very effective tool used to protect the rights and liberties of citizens from tyranny.The Constitution by virtue of Section 34, establishes Parliament (the Legislature) as the first arm of government and comprises the Queen (represented by the Governor General) and two Houses: the Senate and the House of Representatives. Under Sections 48 –50, it is given power to make laws for the peace, order and good governance of Jamaica, decide special rights, immunities and powers of the Senate, the House of Representatives and its members; and the conditional power to alter the Constitution.By virtue of Section 68, the Governor General is given Executive power to be used on the Queen’s behalf either directly or through officers under him. Section 69 establishes the Cabinet as the main body to direct policy. The Cabinet, consisting of the Prime Minister and other Ministers chosen by him, manages the general administrative functions of the Government and is accountable to Parliament. The Govern or General together with the Cabinet comprises the Executive arm of Government, the second arm of government.The Judiciary is the third arm of Government. It comprises judges and magistrates from the network of courts that form the legal system. Sections 97 and 103 of the Constitution establish the Supreme Court and the Court of Appeal, respectively. The Chief Justice and the President of the Court of Appeal are appointed by the Governor General on the advice of the Prime Minister in consultation with the Leader of the Opposition.The other Puisne Judges are appointed by the Governor General on the advice the Judicial Services Commission. It is important to note that there is some degree of inter-connectivity between the Executive and the Legislature, as members of the Cabinet are also members of Parliament. The sharing of personnel between these two bodies compromises the strict application of the doctrine of the separation of powers. It is therefore imperative that the Judiciary ex ecutes its functions in an independent manner.The Constitution supports the assertion that the Judiciary has not only the right, but the responsibility to review the affairs and policies of the Executive and Legislature to ensure that their powers are being exercised within the limits of the Constitution. In exercising this duty, a court can declare a law unconstitutional and therefore null and void as in the case of Adrian Nation, Kereen Wright v DPP and the Attorney General of Jamaica. In Moses Hinds v. The Queen it was underscored that the fair and effective dministration of justice constitutionally rests only within the powers of the Judiciary and in Independent Jamaica Council for Human Rights Ltd. and Others v. Marshall-Burnett and the Attorney General of Jamaica, the Privy Council overruled the judgment of the Jamaican Appellate Court in finding that the three Bills attempting to remove the Privy Council as the final appellate court were unconstitutional. This decision was ba sed on their previous ruling in Hinds.As demonstrated in other Commonwealth jurisdictions, the Judiciary may indirectly place pressure on the Legislature to ensure that laws are drafted intra vires, in the first instance. In attempting to avoid ultra vires rulings, the Legislative often times â€Å"†¦tests its own legislation in the courts. This occurred in Suratt et al v Attorney General of Trinidad and Tobago wherein the Trinidad and Tobago Government defended an action on the grounds that a Bill seeking to promote equality was unconstitutional by virtue of its being discriminatory. This challenge to legislation is another example of the check and balance of the Separation of Powers. The Judiciary is thus required to rule on complex issues that have direct implications for the members and institutions within society, including the other arms of government; with impartiality and in accordance with the Rule of Law. The rule of law as proposed by A. V. Dicey asserts that no man should be punished except for conduct in clear breach of the law. This assertion supports the fact that the legal system rests on the objectivity of the Judiciary.Where we are governed under a system which rests upon the impartial application of laws, and under which citizens’ rights and obligations are regulated by those laws, there must be an established and accepted system for making law. The law must be publicly known. Interference with rights and obligations must be justified within the law as the perception of rights, freedoms and equality in society is influenced by the quality of Judicial rulings. In the spirit of Judicial Independence, the Judiciary must be impartial and may not be influenced by any source except the law.Within the Constitution, security of tenure and security of salary are entrenched provisions designed to insulate the Judiciary from pressure intended to influence their rulings. Judicial Impartiality is defined as ‘the freedom of each individ ual judge to reach a decision within the law without undue interference or pressure from government, other judges, the media or any other source. ’ While attempts to directly interfere with the fair and effective administration of justice may be limited, it can be argued that several factors undoubtedly affect the court’s ability to properly execute its role.Particularly within the Jamaican context, financial constraints arising out of cost-cutting measures of Parliament and limitations in Ministerial budgets have severely affected the resources and physical infrastructure required for the efficient operations of the machinery of the Judiciary. In recent times, influential voices in the Jamaican legal fraternity have highlighted the need to address the issue of limited resources. The Director of Public Prosecutions, Paula Llewellyn have stated that â€Å"the country is struggling with a low capacity court situation and that is affecting how the wheels of justice turnà ¢â‚¬ ¦.. ou should have been building more courtrooms and making sure you have more personnel, court reporters, prosecutors, resident magistrates†¦. and that was not being done. † The Judiciary also provides guidance to the citizens and other branches of government on matters relating to the Constitution, through statutory interpretation and application of general principles of law while settling disputes brought before them. Their ability to be fair and impartial is particularly challenged when called upon to interpret and rule on legal documents that are poorly drafted or ambiguous.Although the law lends itself to flexibility and expediency, the question arises in some instances whether the ruling accurately represents the will of the Legislative as some appeals have been advanced on the grounds of statutory misinterpretation as in the case of R v East Berkshire Help Authority ex parte Walsh. Judges may find themselves inadvertently assuming the role of creating legal r ights when required to make plain issues not explicitly addressed by legislation.It has been debated that these so-called ‘created laws’ are not in fact created but are legal principles which lay dormant until judges’ interpretations unearth them. This was the position taken by Brett, M. R, in Munster v Lamb. However, the perception is that this ‘power’ does indeed exist as, in plural societies right and wrong are just as plural and judges must ensure that conclusions sufficiently represent a   fair carriage of justice. If the Judiciary were acting solely as the mouth piece of the Legislature and the Executive with no independent thought or justice-driven compass, this arm of government would hardly be relevant.In Earl Pratt and Ivan Morgan v The Attorney General and The Superintendent of Prisons, Saint Catherine, the Privy Council interpreted inhumane treatment under section 17(1) of the Constitution of Jamaica to include delay between conviction and the carrying out of the death penalty though the constitution was silent on this matter. This interpretation created a legal right which had the effect of automatically commuting death penalty convictions for convicts on death row in excess of five years to life imprisonment.The Judiciary also exercises its constitutional mandate through a process of Judicial Review which is the means by which â€Å"Government departments, local authorities or others with law-making and administrative powers are confined by the courts within powers granted by the [Constitution]. .   Although Jamaica does not have a specific Judicial Review Act, provisions for judicial and constitutional claims fall under Administrative Law Claims in section 56 of the Supreme Court of Civil Procedure Rules, 2002. Judicial Review is an important tool of the Judicial Branch.It is considered a grave and ominous â€Å"responsibility which the courts must not shirk from or attempt to shift to Parliament† â⠂¬Å"as this responsibility in and of itself is a system of checks and balances thus seen as the: last bulwark of citizenry. †   The grounds for Judicial Review includes error of law, failure to observe the principles of equity, abdication of functions, improper delegation of authority, and unreasonableness of a decision. All are supporting grounds for the argument that the maintenance of fair justice is eally what is at the heart of the function of the Judiciary. â€Å"Remedies for judicial review include: Certiorari, for quashing unlawful acts, Prohibition, for prohibiting unlawful acts and Mandarmus, (now mandatory order), for requiring performance of a public duty, including a duty to make a decision or determination, or to hear and determine any case†6. The fair administration of justice by Jamaica’s courts is influenced by the fact that its final court of appeal rests outside its jurisdiction.According to the principle of stare decisis or Judicial Preceden ce, courts are bound follow the ruling of higher or equal courts. With the Privy Counsel being retained by the Constitution as Jamaica’s final appellate court, the discussion arises whether the rulings of that external body are sympathetic to the Caribbean experience and thus a fair and effective administration of Justice. According to Sharma JA of the Trinidadian Court of Appeal in Boodram v.AG and Another, â€Å"even after our independence, our courts have continued to develop our law very much in accordance with English jurisprudence. The inherent danger and pitfall in this approach is that, since Independence our society has developed differently from the English and now requires a robust examination in order to render our Constitution and common law meaningful. † The Jamaican Constitution was so designed to support and to be supported by the Doctrine of Separation of Powers between the Legislative, the Executive and the Judiciary.Though not free of limitations, th e Doctrine effectively balances power among the three bodies, ensuring that encroachments that are not in the interest of justice are held somewhat in check. The sharing of personnel between the Executive and the Legislative bodies in the Jamaican Parliament, however, can lead to cynicism and has the potential for corruption. It is therefore imperative that the Judiciary be allowed to function independently and be protected from interference from those who would seek to influence its decisions.Despite the intent of the Constitution’s authors, the justice system can only be determined to be fair or faulty based on human factors, the judges. The Constitution is a function as well as a reflection of the society it serves and as such our moral, cultural and economic experience will determine how our justice system evolves and whether the tenets on which it is founded are sufficiently strong and rooted to support Jamaica’s political and legal independence.