Cape Bretons and European Influence

According to the National Geographic, the human history of Cape Breton can be traced back to 10,000 years of migration (National Geographic, p.1). Ancient people groups came here to settle thousands of years ago.Advertising We will write a custom research paper sample on Cape Breton’s and European Influence specifically for you for only $16.05 $11/page Learn More But with regards to European settlers, their arrival started in the 15th century when explorers came to visit the area. Some of the first European settlers who came were the Portuguese and the French. Scottish, Irish, Dutch and English families who were attracted to the beautiful landscape of Nova Scotia followed them. From the Medieval period, up until the modern age, significant migrations of Europeans transformed Cape Breton into a melting pot of European culture. Although there is evidence to show that Portuguese sailors and fishermen were the first to establish a settlement in Cape B reton, it was the French who dominated the area in the 16th and 17th century. The ascension of French rule in the land coincided with the fact that France was the recognized superpower in Europe during this time (Naylor, p.96). But eventually the power of France to dominate Europe and its colonies began to wane in the 18th century (Naylor, p.96). The decline of France’s military and economic might also coincided with the rise of the British Empire in both Eastern and Western hemispheres.Advertising Looking for research paper on ancient history? Let's see if we can help you! Get your first paper with 15% OFF Learn More One of the most significant developments was the success of the British Empire in dominating North America in territories that will one day become the United States of America (Magocsi, p.308). It did not take long before the British Empire began to expand its colonies to include not only the American colonies but also territories located in Canada . It was the French who first made a significant impact on Cape Breton’s culture. But the British were also considered as one of the â€Å"founding peoples† of Cape Breton (Magcosi, p.308). The interaction of the British and the French settlers shaped the culture of Cape Breton and its surrounding areas. The political turmoil in France and its financial woes made it difficult for the once powerful French government to manage its colonies and to expand its dominion in the realms outside Europe. When the French loosen its grip in Nova Scotia, it was the British who took over. The second major event that significantly altered the cultural landscape of Cape Breton and Nova Scotia was the American Revolution. Before the United States was established, the American colonies were under the control of the British Crown. When the Americans successfully defeated the British Empire, English soldiers and loyalists to the British Crown had to find a place where they can avail of pol itical asylum. These were families, soldiers and public officials who used to live in the Thirteen Colonies of America.Advertising We will write a custom research paper sample on Cape Breton’s and European Influence specifically for you for only $16.05 $11/page Learn More These people were called Loyalists and considered by many to be Canada’s first political refugees (Simcoe, p.1). Many of them found a home in Nova Scotia and some of them began to build communities within the vicinity of Cape Breton. It did not take long before the British settlers began to influence a significant portion of Cape Breton’s culture. British influence was particularly evident when it came to politics, the legal system, and religion (Magcosi, p.309). The influx of settlers who came from the American colonies did not end the migration that shaped Nova Scotia and Cape Breton’s culture. In the early part of the 19th century, Nova Scotia witnessed t he arrival of thousands of European settlers. The immigrants were Scots, Irish and Welsh (Wolak, p.1). There is a need to clarify the English label used to describe these peoples. Technically these people groups came from England and therefore they are labelled as British. However, the English, Irish, Scots, and Welsh â€Å"must be distinguished from one another in any detailed look at Canadian culture since they have generally regarded themselves as separate peoples, and the nature of the cultural baggage that each brought was sufficiently distinct to warrant such consideration† (Magocsi, p.310). A deeper appreciation of the distinction between these people groups will result in a deeper understanding of how they shaped the culture of present day Nova Scotia and Cape Breton. Even with the significant waves of migration that altered Nova Scotia and Cape Breton’s cultural landscape, the number of settlers was not enough to enhance the economic and political aspect of th e area.Advertising Looking for research paper on ancient history? Let's see if we can help you! Get your first paper with 15% OFF Learn More According to one commentary, â€Å"At the beginning of the nineteenth century, Cape Breton Island was a thinly settled, extensively forested, and relatively underdeveloped colony of Great Britain †¦ barely 2,500 people lived on the island† (Hornsby, p.3). The few people who were there developed settlements around the coast. By this time the amalgamation of culture was evident. There were French-speaking Acadians in the Isle of Madame and Cheticamp (Hornsby, p.4). The Loyalists can also be found in the said area and they were contented to build their settlements around Sydney and the Baddeck River (Hornsby, p.4). The other settlers are from Southern Ireland. At the same time there were Gaelic-speaking Scots. Cape Breton’s economy was influenced by cod fishery. Cod fishing provided livelihood for the majority of the inhabitants and at the same time, the said industry attracted British mercantile capital and skilled labour. Canada in general and Nova Scotia in partic ular began to receive more immigrants from Europe. It has been ascertained that from the 19th century and well into the 20th century, many people groups from Europe began their journey toward Canada and many found their way to Nova Scotia (Wolak, p.1). Many of those who came were European Jews who wanted to evade persecution in their respective homelands. As a result many of the European Jews who came to Nova Scotia can trace their ancestry to Jewish families that originated in Poland, Lithuania, Germany and Russia. Conclusion Ancient peoples were the original settlers in Nova Scotia and Cape Breton. But beginning in the 15th century, European explorers began to establish settlements in the area. There were two dominant â€Å"founding peoples† that shaped the culture of Nova Scotia and these are the French and the British. But the weak economy and military strength of the French government forced them to yield to the British Empire. The political refugees that sought asylum a fter the American Revolution augmented the influx of British people into the region. These were the Loyalists from the American colonies. But in the 19th and 20th century, the region saw mass migrations from Europe. It was the influence of the British Empire that significantly altered the cultural landscape of the region. Nevertheless, one cannot deny the cultural impact of the French people. For example, even in the 21st century there are some inhabitants of Cape Breton that still speak the French language. Works Cited Hornsby, Stephen. Nineteenth-Century Cape Breton: A Historical Geography.  Quebec: McGill-Queen’s University Press, 1992. Print. Magcosi, Paul. Encyclopedia of Canada’s Peoples. UK: University of Toronto Press, 1999. Print. National Geographic. 2012. Cape Breton. Web. https://www.nationalgeographic.com/travel/parks/cape-breton-highlands-canada-park/. Naylor, R.T. Canada in the European Age, 1453-1919. Quebec: McGill-Queen’s University Press, 20 06. Print. Simcoe, Elizabeth. 2012. Loyalists, the First Refugees. Web.http://www.canadiana.ca/. Wolak, Arthur 2012. An East Coast Jewel. Web. This research paper on Cape Breton’s and European Influence was written and submitted by user Kristen Knight to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

4 Steps of Cardiac Conduction

4 Steps of Cardiac Conduction Have you ever wondered what causes your heart to beat? Your heart beats as a result of the generation and conduction of electrical impulses. Cardiac conduction is the rate at which the heart conducts electrical impulses. These impulses cause the heart to contract and then relax. The constant cycle of heart muscle contraction followed by relaxation causes blood to be pumped throughout the body. Cardiac conduction can be influenced by various factors including exercise, temperature, and endocrine system hormones. Step 1: Pacemaker Impulse Generation The first step of cardiac conduction is impulse generation. The sinoatrial (SA) node (also referred to as the pacemaker of the heart) contracts, generating nerve impulses that travel throughout the heart wall. This causes both atria to contract. The SA node is located in the upper wall of the right atrium. It is composed of nodal tissue that has characteristics of both muscle and nervous tissue. Step 2: AV Node Impulse Conduction The atrioventricular (AV) node lies on the right side of the partition that divides the atria, near the bottom of the right atrium. When the impulses from the SA node reach the AV node, they are delayed for about a tenth of a second. This delay allows atria to contract and empty their contents into the ventricles prior to ventricle contraction. Step 3: AV Bundle Impulse Conduction The impulses are then sent down the atrioventricular bundle. This bundle of fibers branches off into two bundles and the impulses are carried down the center of the heart to the left and right ventricles. Step 4: Purkinje Fibers Impulse Conduction At the base of the heart, the atrioventricular bundles start to divide further into Purkinje fibers. When the impulses reach these fibers they trigger the muscle fibers in the ventricles to contract. The right ventricle sends blood to the lungs via the pulmonary artery. The left ventricle pumps blood to the aorta. Cardiac Conduction and the Cardiac Cycle Cardiac conduction is the driving force behind the cardiac cycle. This cycle is the sequence of events that occur when the heart beats. During the diastole phase of the cardiac cycle, the atria and ventricles are relaxed and blood flows into the atria and ventricles. In the systole phase, the ventricles contract sending blood to the rest of the body. Cardiac Conduction System Disorders Disorders of the hearts conduction system can cause problems with the hearts ability to function effectively. These problems are typically the result of a blockage that diminishes the rate of speed at which impulses are conducted. Should this blockage occur in one of the two atrioventricular bundle branches that lead to the ventricles, one ventricle may contract more slowly than the other. Individuals with bundle branch block typically dont experience any symptoms, but this issue can be detected with an electrocardiogram (ECG). A more serious condition, known as heart block, involves the impairment or blockage of electrical signal transmissions between the hearts atria and ventricles. Heart block electrical disorders range from first to third degree and are accompanied by symptoms ranging from light-headedness and dizziness to palpitations and irregular heartbeats.

International Marketing Management Coursework Example | Topics and Well Written Essays - 7500 words

International Marketing Management - Coursework Example Development,progress and prosperity could only be achieved through opening to and integrating with the outside world, through stepping up exchanges and cooperation with other countries and through absorbing all fine results of human civilization. Therefore, we should embrace and seize the opportunities presented by globalization and adopt reforms to keep up with the steps of the changing world. Due to the lack of a just and equitable international economic order, the influence of globalization on countries at different stages of development is entirely different. The "dividends" derived from globalization are not fairly distributed. The developed countries have apparent advantages in capital, technology, human resources and administrative expertise and in setting the "rules of the game". They are usually the most active propellers and the biggest beneficiaries of globalization. The developing countries on the other hand are on the whole in an unfavorably position. Developing countries can obtain some foreign investment, advanced technologies and management expertise, but at the same time they are the most vulnerable to the negative impacts of globalization and lack the ability to effectively fend off and reduce the risks and pitfalls that come along with globalization. In the 1990s, especially in recent years, the gap between the North and the South has further widened. Th e economic sovereignty and economic security of the developing countries are confronted with enormous pressure and stern challenges. Some least-developed countries are even on the brink of being marginalized by globalization. Therefore, in participation of globalization, developing countries should always be on alert and try by all means to exploit the advantages and avoid all kinds of risk and harm. III. China's Experience For China, globalization is often seen as a double-edged sword that brings both opportunities and challenges, advantages and disadvantages. How to turn disadvantages into advantages in the tidal wave of globalization depends on formulating the correct policies and strategies. If the policies are correct, challenges can be turned into opportunities. China has learnt many lessons and accumulated rich experiences in dealing with globalisation from its practice of reform and opening-up. In my personal opinion, they can be summarized as follows: 1. To find a road of development that suits the national conditions. In the past 20-odd years, China has maintained an annual growth rate of over 9.3% on average. China is now the 6th largest economy and the 5th largest trading nation in the world. More than 200 million people have been lifted out of poverty. The average life expectancy reached 71.8 years in 2002, close to that of a medium-level developed country. The above accomplishments were achieved against the backdrop of a volatile international situation. The reason why China can achieve so much in such a short span of time and in a constantly changing international environment is because China has found its own road of development, suitable to its national conditions, namely building socialism with Chinese characteristics. In one word, building socialism with Chinese characteristics is to base what we do on the realities of China. While sticking to the basic system of socialism, reforms should

Is there a need for reform in Albany Term Paper

Is there a need for reform in Albany - Term Paper Example and corruption matters that occurred in the State legislature in the past two years and the kind of reforms that the Governor and the legislature has put in place to address the matter. The paper then describes the legal and policy structure of the adopted reforms and the public criticism that this has generated. The paper then concludes by giving recommendations to the Governor and to the State Legislature to restore the public trust (Katz). Although there are numerous cases of corruption in Albany, the most pointed cases have been in the legislature. In a recent scandal, the senators from Buffalo state George Maziarz as well as Patrick Gallivan purportedly spent $ 140,000 and $ 80,000 respectively in time they were in office. In this particular case, the problem was not in the spending of the money itself but the fact that they did not find it fit to report their expenditures. Apart from Senators’ George Maziarz and Patrick Gallivan being investigated, the now defunct Moreland Commission was also investigating state Sen. Diane Savino of Staten Island for alleged mismanaging of campaign funds. These two cases are a clear indication of the rot in the state’s Legislature (Frisch). In light of the corruption allegations within the state, Governor Cuomo set up the Moreland Commission (now defunct) to address the allegations. The power to form this commission comes from the Moreland Act, a legislation that gives the Governor the authority to set up a panel to look at waste in the government and to come up with recommendations for reforms. Upon setting up the committee, Attorney General Schneiderman offered to deputize the commission something that bolstered its powers. This was because his presence had accorded the commission a wider legal reach than the current powers that were contained in the Moreland Act (Medina). For Governor Cuomo, there is need to develop a campaign finance system that incorporates the option of public financing. The call for this reform

With the Stroke of a Pen Government Reaction Paper Essay Example for Free

With the Stroke of a Pen Government Reaction Paper Essay Kenneth Mayer took an upright approach investigating the president’s executive power they used to issue amounts of executive order. He calls it â€Å"presidential edicts† which are official orders that the presidents create to assist executive branch in managing operations within the federal government. Mayer believes that this use of executive order; creating laws and procedures, is turned into an arbitrary order. This legislative act of making laws is stated in the constitution, given to congress; and with â€Å"the stroke of a pen† the â€Å"Laws of the Land† were made with no regard or interaction with the legislative. And as we learn in â€Å"With the Stroke of a Pen†, executive order can be criticized with substantial argument and can have â€Å"great impact†. Mayer put together charts of 1,028 presidential orders into categories, between March 1936 and December 1999, constructing two tables. Mayer leaned to the more necessary side of executive power, realizing the â€Å"formal and informal† restraints put on the president within the â€Å"separated system† and the use of checks and balances that protects, and also the vast difference in ones party in the congress can take the executive powers implied in the 2nd Article of the constitution away (not literally speaking). Mayer explained an issue dealing with Democratic issue with Eisenhower’s apathetic look on discrimination in housing and federal employment; with Kennedy’s promise to the people and equality of opportunity (constitutional) with the stroke of a pen came the fair housing order. As so with Clinton’s scare of impeachment, his idea of executive orders and unilateral decisions (such as, prohibiting the use of genetic information if hiring) showed the capability of a president. These presidential legislations therefore make general policy and link to public law. The argument many make about the executive order is that it’s a way for the president to avoid public opinion and constitutional limits. Though it’s said that this is an example of secrecy and totalitarianism, Mayer actually feels as if the president is limited enough and with all this his orders are constantly judged through a system (checks and balances) in our government anyway and through political parties in the congress. The constitution he says specifies that, President â€Å"shall take care that the laws be faithfully executed† meaning, that if laws aren’t being broken or disregarded then we have no argument against the president’s order. Supreme Court ruled in the steel seizure case (Youngstown), such decisions that aren’t constitutional or statutory. In the cases Mayer mentions about which are Korematsu v. U.S (decision of freedom fro internment camps of Japanese Americans), Schechter Corp v. U.S (about unhealthy chicken being sold, exceeding commerce clause), and Cole v. Young; these are all decisions that derived from executive orders. In the random sample of 1,028 executive orders between March 1936 and December 1999, took a look at the subject of the orders. Civil service which involved retirement exemptions, salary, holiday, and personnel; Public lands deal with land for public use, revoking previous land orders; War and emergency powers deal with orders creating or abolishing wartime agencies, and emergency preparedness procedures; Foreign affairs are orders dealing with importation, trade, aid, and affairs with other territories particularly signed by treaties; Defense and military policy deal with military personnel, intelligence community, and military lands; Executive branch administration order are orders creating boards, councils, agency transferring powers, and tax policies; Labor policy focuses on emergency boards and inquiry, and managing federal government labor policy; Domestic policy orders include energy, environment, civil rights, economy, and education. More than 60% of orders dealing with Executive branch, Civil service, and Public lands; the rest were dealing with Foreign affairs and War powers, and domestic and labor policy were small percentages. Since presidents have been given so much responsibility, orders are then handed down to clerks and subordinates. Mayer noticed through the second table/chart that focused on which the orders were made each year, that War and emergency powers have dropped since 1940’s, which is the result of no more World wars and such; also Foreign affairs, Executive branch, and Domestic policy orders have grown since 1930’s supporting the fact that executive orders do matter. When can a president rely on executive order? Mayer asks. Well in my opinion whenever he is stuck with the task of trying to protect the good, order, and equality among our union. The president is elected for the people by the people and in order for policies that can’t get through the congress as simple, and then this â€Å"Necessary evil† people call giving the president too much power is good. It’s fair to say that some power can be misused but, if the government and congress are doing there job right then the protections we have against a treasonous president or unconstitutional laws being made, almost nothing can go horribly wrong. With the bills and laws being opposed just because of parties in congress then executive order can be made first if the reason and issue is great.

Bank of New York Essay -- essays research papers

Executive Summary Founded in 1784, the Bank of New York is the oldest bank in the United States. It was the first bank in New York that opened just months after the departure of British troops from American soil in lower Manhattan. During that time period the monetary system was complex and confusing. The founders decided that The Bank of New York wasn’t going to be a common institution that capitalized on land; it focused on specie, which is money in coins. Then in 1792 the first corporate stock to trade on the newly established New York Stock Exchange was the Bank of New York. During the course of their 220-year history, The Bank of New York has seen the country through turbulent times - seven wars, ten economic depressions and the World Trade Center disaster. And yet, The Company has survived all these crises and emerged even stronger.. The Bank of New York is in the industry of Money Center Banks, which provide many services that enable institutions and individuals to move and manage their financial assets in more than 100 markets worldwide. This company has a long tradition of collaborating with clients to focus on securities servicing, treasury management, investment management, and individual and regional banking services. This company also has an extensive global client base. The Bank of New York is ranked 15th in its industry with a capital market of 21.2 billion. Some of its top three competitors are Citigroup Inc, JP Morgan Chase, and State Street Corp. Given its long history and conservative approach, it is no wonder that The Bank of New York is one of the leading retail banks in the Metropolitan Area. It has 350 locations which not only offer traditional banking, but insurance and investment services.   Ã‚  Ã‚  Ã‚  Ã‚  Although the stock price of The Bank of New York has decreased over the past year, it is our opinion that it would be a good opportunity to buy the stock at its price. The most recent quarterly earnings have been much higher than analysts’ forecasts have predicted. The Bank of New York earnings growth in the past year has accelerated more rapidly than it has in the past three years. The Bank of New York – Industry position   Ã‚  Ã‚  Ã‚  Ã‚  Founded in 1794, The Bank of New York is New York’s first and oldest bank. It opened for business at the Walton House in lower Manhattan. During tha... ...dministration and accounting, collateral management, and securities lending which is offered nationally and globally.   Ã‚  Ã‚  Ã‚  Ã‚  Banking has never been considered attractive as an industry, but the industry has virtually been embodied in the movement of bigger, faster, and more. The BANK OF New York has been involved in faster transactions via ATM’S and the Internet. They have also been involved in more proceeds such as insurance and securities.   Ã‚  Ã‚  Ã‚  Ã‚  The Bank of New York has been notable in de-emphasizing lower margin traditional banking operations and has focused on more lucrative technology based activities such as transaction processing and account custody services.   Ã‚  Ã‚  Ã‚  Ã‚  Given The Bank of New York redirection of its focus and earnings potential it would our opinion to invest in this company’s stock. The Bank of New York seems to be a leader in its industry class and the value of its services will certainly be recognized in its future performance and innovation. Trend Analysis for Bank of New York 2004, 2003 & 2002

Present condition of rule of law in Bangladesh Essay

Introduction: One of the basic principles of the English constitution is the rule of law. This doctrine is accepted in the constitution of U. S. A. and also in the constitution of Bangladesh. Now a day’s rule of law is one of the most discussed subjects of developing countries. Developed countries and donor agencies always instruct the developing countries for sustainable development and good governance. Actually sustainable development and good governance mostly depends on the proper application of rule of law. Laws are made for the conflicting forces in society. One of the prime objects of making laws is to maintain law and order in society, a peaceful environment for the progress of the people. In true and real sense there is no rule of law in Bangladesh today. Law in Bangladesh follows a course of selective and discretionary application. Institution and procedures required for ensuring rule of law also are no effective in the country. Main Concept of Rule of Law: The term ‘Rule of Law’ is derived from the French phrase ‘La Principe de Legality’ (the principle of legality) which referse to a government based on principles of law and not of men. In this sense the concept of ‘La Principe de Legality’ was opposed to arbitrary powers. The rule of law is old origin. In thirteenth century Bracton, a judge in the Reign of Henry III wrote- â€Å"The king himself ought to be subject to God and the law, because law makes him king. † Edward Coke is said to be the originator of this concept, when he said that the king must be under God and law and thus vindicated the supremacy of law over the pretensions of the executives. Professor A. V. Dicey later developed on this concept in his classic book ‘The Law of the Constitution. ‘ published in the year 1885. Dicey’s concept of the rule of law contemplated the absence of wide powers in the hands of government officials. According to him wherever there is desecration there is room for arbitrariness. The rule of law is a viable and dynamic concept and like many other such concepts, is not capable of any exact definition. Its simplest meaning is that everything must be done according to law, but in that sense it gives little comfort unless it also means that the law must not give the government too much power. The rule of law is opposed to the rule of arbitrary power. The primary meaning of rule of law is that the ruler and the ruled must be subject to law and no one is above 3. the law and hence accountable under the law. It implies the supremacy of law and the recognition that the law to be law can not be capricious. What is the Rule of Law? The rule of law is a system in which the following four universal principles are upheld: 1. The government and its officials and agents as well as individuals and private entities are accountable under the law. 2. The laws are clear, publicized, and stable and just, are applied evenly, and protect fundamental rights, including the security of persons and property. 3. The process by which the laws are enacted, administered and enforced is accessible, fair and efficient. 4. Justice is delivered timely by competent, ethical, and independent representatives and neutrals that are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve. Establish the Rule of Law and Constitution of Bangladesh: The rule of law is a basic feature of the constitution of Bangladesh. It has been pledged in the preamble to the constitution of Bangladesh that – â€Å"It shall be fundamental aim of the state to realize through the democratic process a Socialist society, free from exploitation – a society in which the rule of law, fundamental human rights and freedom, equality and justice, political economic and social, will be secured for all citizens. † In accordance with this pledge the following positive provisions for rule of law have been incorporated in the constitution: Article 27 guarantees that all citizens are equal before law and are entitled to equal protection of law. Article 31 guarantees that to enjoy the protection of the law, and to be treated in accordance with law, is the inalienable right of every citizen, wherever he may be and of every other person for the time being with in Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with Law. 18 fundamental rights have been guranteed in the constitutional arrangement for their effective enforcement has been ensured in Articles 44 and 102. Article 7 and 26 impose limitation on the legislature 4. that no law which is inconsistent with any provision of the constitution can be passed. In accordance with Article 7, 26 and 102(2) of the constitution the supreme court exercise the power of judicial review whereby it can examine the extent and legality of the actions of both executive and legislative and Constitutions declare any of their actions void if they do anything beyond their constitutional limits. Right to be governed by a representative body answerable to the people have been ensured under Articles 7(1), 11, 55, 56, 57 and 65(2) of the constitution. 18 all these provisions of constitution are effective for ensuring rule of law in Bangladesh. But facts on the ground tell a different story altogether. Rule of Law Ensure in Bangladesh: Laws, rules and procedures framed under them exist to cover every walk of our national life, though there may be parities in number and shortcomings in scope. Our constitution contain plethora of laws while institutions like courts, ministries and departments have been set up to dispense justice and decisions in accordance with the present state of the rule of law revels the riddle of having a body of law and at the same time not having it. It is like a person who is brain dead. Some aspects of the rule of law in our society and polity should be mentioned as under: First, accesses to law as well as equality before it are reserved for only those who are privileged. For the rest of the population, more or less the Hobbsian law of nature prevails. They are the helpless victims of as unjust society that sets great story by privileges. Second, all government in this country since the falls of Ershad have claimed that there is independence of judiciary. The claim is only partially true, while the higher courts enjoy a certain measure of independence; the lower courts are under the direct control of the law ministry. The judges look up to the Ministry for everything infect they are obliged to. The principle of separation of judiciary from executive is being violated in two ways – 1. Magistrates are performing dual function of both executive and judiciary which is not desirable in the interest of justice. 2. The service of district and session judges, their transfer, promotion etc. are controlled not by the Supreme Court but by the law ministry. 5. Third, The government of Bangladesh continued to use the Special Power Act of 1974 and section 54 of the criminal code which allow for arbitrary arrest and preventive detention, to harass political opponents and other citizens by detaining them without formal charges. Fourth, The very principle that law should take its own course requires that in investigation and preparation and submission of the charge sheet, the investigating agency should be free from, encumbrance’s influences and threats of all kinds. Unfortunately, that situation does not obtain in todays Bangladesh. In recent years a large number of political killings have taken place. The national dailies have carried the stories of all the gruesome murders and the whole nation has been out raged. What is however deplorable is that in most of these highly publicized cases the culprits have not been brought to justice. The reason is not far to seek. It is the interference by high ups in the political ladder. Fifth, Another aspect of rule of law relates to the limits of law making power of the parliament itself. Our constitution quite rightly declares the people as the repository of all power and they use it through their elected representatives. However, the question arises whether the parliament can make laws curbing the democratic rights the people, which are generally considered as unreasonable. The special power Act of 1974 the public safety Act passed former Awami Liege Government etc. which are used to put political opponents behind the bars, deserve special mention, so, the question arises can such pieces of legislation promote rule of law? Obviously, not. One the other hand the government always with a view to avoiding debates make laws by ordinances and later gets them appointed under the sweeping power of article 70 of the constitution. Sixth, Rule of law postulates intelligence without passion and reason free from desire in any decision regarding matters concerned with governance. In our society, the principle is being ignored on many grounds as quotas for political activists by the name of honor to freedom fighters, special provision for individual security etc. Seventh, Police is no doubt a very powerful institution for the endorsement of the rule of law. But in Bangladesh, the police have never been friendly with the public. The police serve the government and enjoy, in exchanges, 6. the freedom to act arbitrarily and in the material interests of its own members. Eighth, Ordinance making power can be supported only in emergency situation like national crisis, national calamity severe economic deflection etc. demanding for immediate legislative actions. But article 93 of the constitution allows the president to promulgate ordinances anytime during the recesses of parliament session. On the other hand Article 141(A) empowers the president to declare emergency whenever he wishes. By declaring emergency in peace time the government can suspend fundamental rights and suppress the opposition movement. This mounts to avowed arbitrary exercise of power on the part of the government which is contradictory to the concept of rule of law. Ninth, Another disgusting aspect of our judicial system is that there is the charge of corruption against our judiciary. Moreover, justices oftener than not, a costly commodity in our country. The poor people could not reach before the judges only because of mobility to meet the charge required for going through the complicated process of litigation. Thus, they prefer injustice than fatigue. Tenth, In order to provide quick relief and avoid lengthy proceedings of litigation providing for the creation of Administrative Tribunal particularly for service matters which needs special treatment and experience is not undemocratic something. But this tribunal has been kept outside the writ jurisdiction of the High Court Division under article 102(5). Also it has been kept out of the supervisory jurisdiction of the High Court Division. This provision has therefore, been contradictory to the concept of integrated judicial system and also contrary to the concept of independence judiciary. A prominent concern in the development community is the â€Å"rule of law† and the related concepts from other legal, Economic growth, political modernization, the protection of human rights, and other worthy objectives are all believed to hinge, at least in part, on â€Å"the rule of law. † Policymakers in developing and transition nations are thus seeking ways to establish or strengthen the rule of law in their countries. Investment rating services, non- governmental organizations, and other students of development are producing indices that try to measure the degree to which a nation enjoys the rule of law. 7. But overlooked in much of the dialogue about the rule of law is that the term has no fixed meaning. It originated in normative writings on law and government, principally by Western authors, and each tailored the term to fit his or her vision of the â€Å"ideal† or â€Å"just† state. As a consequence, one survey of how the term has been used in Germany, France, the United Kingdom, and the United States concludes that it â€Å"belongs to the category of open- ended concepts which are subject to permanent debate† Despite this multiplicity of definitions, most can be classified according to whether they emphasize formal characteristics, substantive outcomes, or functional considerations. The differences between these three conceptions and the implications of each for efforts to establish, measure, or foster the rule of law are described below. Formal Development Rule of Law: Formal definitions of the rule of law look to the presence or absence of specific, observable criteria of the law or the legal system. Common criteria include: a formally independent and impartial judiciary; laws that are public; the absence of laws that apply only to particular individuals or classes; the absence of retroactive laws; and provisions for judicial review of government action. There is no definitive list of formal criteria, and different formal definitions may use different standards. What formal definitions have in common is that the â€Å"rule of law† is measured by the conformity of the legal system to these explicit standards. The main advantage of a formal definition of the rule of law is that it is very clear and relatively objective once the formal criteria are chosen. Choosing which standards to include may be controversial, but after the standards are made explicit, it is usually not difficult to observe the degree to which countries meet or don’t meet the standards. Formal definitions thus avoid more subjective judgments, for example about whether laws are â€Å"fair† or â€Å"just. † Substantive Development rule of Law: An alternative to the formal approach to the rule of law is one that looks to substantive outcomes such as â€Å"justice† or â€Å"fairness. † This approach is not concerned with the formal rules, except inasmuch as they contribute to the achievement of a particular substantive goal of the legal system. Unlike the 8. formal approach, which eschews value judgments, the substantive approach is driven by a moral vision of the good legal system, and measures the rule of law in terms of how well the system being assessed approximates this ideal. The main advantage of the substantive version of the rule of law is the explicit equation of the rule of law with something normatively good and desirable. The rule of law is good in this case because it is defined as such. This is appealing, first because the subjective judgement is made explicit rather than hidden in formal criteria, and, second, because the phrase â€Å"rule of law† has acquired such a strong positive connotation. Many people cannot accept any definition that would allow. Functional Development rule of law: A third approach to the rule of law is similar to the substantive definition, but tries to avoid the thorny normative issues by focusing on how well the law and legal system perform some function – usually the constraint of government discretion, the making legal decisions predictable, or some combination of both. One version of this view, for example, would hold that a society in which government officials have little or no discretion has a high level of rule of law, whereas a society in which they wield a great deal of discretion has minimal rule of law. The functional definition of the rule of law is broadly consistent with the traditional meaning of the English phrase, which has usually been contrasted with â€Å"rule of man. † It has the advantage, too, of defining the rule of law according to outcome-related criteria, but not requiring a moral verdict on the desirability of that outcome. The functional definition is narrow enough that it does not overlap with other more general concepts, and it makes questions as to the relationship of formal characteristics to the rule of law, and of the rule of law to substantive goals, researchable rather than tautological. Nonetheless, the functional definition suffers from a number of difficulties. First, as with the substantive definition, the relationship between the legal system per se and the functional goal can pose problems. It is possible to constrain government officials or realize predictability through means other than the legal system. Suppose one society has less official discretion than its neighbor even though the latter has apparently more restrictive laws. 9. Which enjoys a greater rule of law under a functional definition? Another problem is the fact that looking at â€Å"predictability† or â€Å"official constraint† or any other function makes it hard to make any definitive statement about the level of rule of law in a whole society. Government officials may make literally thousands of decisions each day in a given system. Some of them may be highly constrained, while others are not. It is not at all clear how to aggregate the levels of discretion for individual types of decisions into an overall measure of the rule of law. Observation: The above discussion makes it clear that though there are some positive provisions for ensuring rule of law in Bangladesh Constitution, they are being outweighed by the negative provisions. Though our constitution provides for 18 fundamentals rights for citizens, these remain meaningless version to the masses because due to poverty and absence of proper legal aid the poor people cannot realize them . 22 It also clear that the application of the principle of the rule of law is merely a farce in our country. However, prospects for establishing society purely based on the democratic principle of the rule of law are not totally absent from the polity. We have a constitutional government elected through a free and fair election. But what is needed for the very cause of the principle of democratic rule of law is- 1. To separate the judiciary immediately from the executive ; 2. To appoint an ombudsman for the save of transparency and democratic accountability ; 3. To make the parliament effective and to let the law making body to do its due business in cooperation with each other government and opposition; 4. To reform the law enforcing agencies and police force to rid them out of corruption and to free them from political influence so that they could truly maintain the rule of law; 5. To forge national unity and politics of consensus built around the basic values of the constitution, namely democracy, respect for each others human rights, tolerance, communal harmony etc. 10. Conclusion: Above discussions clearly shows that the present condition of rule of law in Bangladesh is not satisfactory. However, the proposed measures for overcoming the shortcomings of rule of law also are not final but these are fundamental. Independent and particular policy for rule of law is a must for overcoming the ambiguity and anomalies in rule of law. After all, government must be committed to ensure the security of life and property of the people, protection of individual rights and the dissention of justice on the basis of the equality and fairness. On the other extreme, the opposition, civil society and social groups and organizations also have the moral obligations to help and cooperate with the government in this juncture.