JudicialMethods: Policy Evaluation
Basically,explain what does the term judicial method means. Secondly, it isimportant to define policy evaluation and give it an operativemeaning. Following that one should explain how the two terms areintertwined. The body of the summary should also encompass ways inwhich the judiciary affects policy making in institutions. It is alsoadvisable to explain why it is important for organizations toconsider judicial intervention in the execution of their functions.In conclusion one can now offer an advice to institutions on the needto embrace and comply with judicial intervention in their functions.
Presentthe methods used by the judiciary to mitigate the organizationsfunctions and the importance of it. This should be explained in thefollowing stages:
2.Explain the methods used by the judiciary.
3.Describe the importance of judicial intervention.
Clearlydefine the terms: judicial methods and policy evaluation. Furtherexplain how the two are relative. This will help introduce the readerto what you are talking about.
2.Explanation of the judicial methods
Explainthe various judicial methods used. They include:
Defineit and talk of instances where the court makes such an order. Furtherexplain its importance and how the organization benefits from notacting in contravention to the above rule.
Definewhat it encompasses. More importantly describe how the courts applyit and the reason behind it. Explain how the above method acts incommon well being for the organization and the society.
Definewhat it means and why the courts find it necessary to prevent anorganization from behaving in somewhat way.
3.Explanation of the underlying importance of judicial intervention inthe organization’s actions.
Clearly,precisely and briefly explain to the reader the importance of thejudiciary intervening in the way an institution functions. Discussthe public good, public order and public interests as the underlyingfactors that make an institution to chip in the way an organizationoperates.
Concludeyour essay by passionately trying to convince the society to view thejudiciary as a very important organ in the running of the societalfacilities. Encourage them not to act in isolation, but rathersupport and appreciate the judiciary actions.
Thejudiciary is an important body of every government. It is an arm ofgovernment among other arms, namely the executive and thelegislature. Depending on the state it is encompassed of differentpersonnel, but the courts of law stand as a similar entailment in alldifferent states regardless of the law system that they apply. Thejudiciary can therefore said to mean a body that is concerned withthe enforcementof the law made by the legislature. Judiciarymethods, therefore, refer to the ways in which the latter mentionedbody enforces the laws made by the legislature. It enforces thesemethods in different ways. The most important of all is the system ofchecks and balances on other arms of government. Inclusive of it ishow it governs the society to ensure maintenance of peace andtranquility. This stems from imposing of laws on individuals to thatof the society in whole and finally the organizations and theinstitutions that serve the society’s livelihood (White &Morgan, 1177-1214).
Policyevaluation can also be said to be policy assessment. Everyinstitution, fraternity body and organization has to analyze itspolicies so as to determine those that work for their success (Arrow,Kenneth & Robert, 29-44). Several factors are to be considered inthis evaluation process. They include the societal factor. Afraternity is always aimed at meeting the demands of the community itserves. Moreover the fraternity plans to invest using necessarily fewresources, but have high returns. In the process of chasing afterprofits the organizations may at times be too radical and end upacting contrary to the common good of the society at hand. The lawtherefore, steps in through the judiciary in mitigating the way theactions of the various organizations.
Thejudiciary uses a number of methods in the mitigation process (Whiteet al.1177-1214). The methods include: provision of injunctions,prohibitory and the ultra vires rules among others. All these methodsare aimed at achieving sanity in the organizational operations. Itinstills discipline on the institutions for them to know that theyshould not always work for their own personal benefit but also thatof the community in which they serve.
Theultra vires rule states operates on the doctrine that a body shouldnot operate in a way that exceeds the powers bestowed upon them bythe relevant state or laws (Epstein & Lee, 303-325). A goodinstance is whereby a corporation is only allowed to act in thepowers bestowed to them by a governing statutory provision. Anyaction or omission taken by it that exceeds the bestowed powersconstitutes a crime that is punishable by the law. In the above casethe courts in their permitted jurisdiction step in to declare the actultra vires to the extent of a fine or other mode of punishment beinglevied on it so as to prevent such occurrences in the future.
Inother cases the prohibition order is imposed on organization toensure that they act in a way permitted by the constitution or anyother statutory provision of the country in question (Epstein etal.303-325). The court acts in cases whereby an action is against aperson or a fellow organization. In such instances the court alreadyforesees the harm to be brought by the action intended to becommitted. It therefore offers a prohibition order to stop theorganization from the performance of the act. This aids in theprevention of what can be prevented and such eventualities are notrealized for the common wellbeing of the parties involved.
Aninjunction is another way whereby the judiciary steps in. In suchinstances a court of law with a specified jurisdiction eitherappellate or original to stop doing a certain act (Epstein etal.303-325). This is similar to prohibition only that in injunctionthe act is already commenced and is done partly unlike in the formercase whereby it is not committed at all.
Inother instances the law offers relief to the aggrieved parties. Thisis majorly in the jurisdiction of civil suites whereby the innocentparty in a contract is accorded monetary relief so as to restore themto the previous state they were in before the contract was breached(Epstein et al.303-325).
Anyacts in contravention to the judicial orders attract a number ofpenalties. They range from fines, bonds, withdrawal of practicinglicense and forfeiture of property used in the commission of crime.Levels of punishment depend on the laws of the country in question.These act as deterrence to organizations for them not to act incontravention with the laws in operation (Arrow et al.29-44).
Fromthe prose above one understands how the judicial methods are quiteimportant to policy evaluation in an organization. The most importantof all is that in instances where an organization follows thecountry’s laws it makes decisions permitted by the law and thathelp in the achievement of the set goals. An institution, thereforeends up registering high returns and achieving alongside goals (Whiteet al.1177-1214).
Moreto that, the society is safeguarded from defiant organizations(Epstein et al.303-325). It also ensures uniformity in the operationrules of various organizations. In conclusion one understands thelevel of importance that the judiciary carries in making theorganization’s operations effective. One also stop judging thejudiciary harshly but instead appreciating its role in the society.From the above essay an individual can also infer that for everysociety to run effectively rules have to be instigated otherwise thedominant class will oppress the minority class. Therefore thejudiciary has to step in so as to prevent such occurrences.Inequality and injustices are also avoided for the sake of all thepeople in the society. So organizations should not see the judicialsystem as a pain in the neck but rather as a relief or each and everyparty in the society. Place yourself in the shoes of the communityyou are serving. How would the feeling of oppression seem to you? Sothe law should always come as a rescue.
Judicialmethods refer to ways in which the judiciary goes about with itsfunctions. Its functions include those of checks and balances overthe other arms of the government, namely the executive andlegislature (White & Morgan, 1177-1214). Policy evaluation on theother hand, involves the gauging of any body’s actions to determinewhat policies help in achieving the aims and goals of the institutionin question (Arrow, Kenneth & Robert, 29-44). The judiciary hasseverally chipped in determining the decisions and policies to be putin place in determining what policies are to be adopted by anorganization in achieving its goals. The following prose is a summaryof how the judiciary plays a major role in policy analysis in aninstitution and why it is so crucial.
Thecourts in the process of administering justice have come up withseveral precedents in their previous rulings that are laterincorporated into the law of a government. The court comes withdifferent laws that stipulate the conduct of organizations indifferent aspects in order to prevent them from acting beyond theirpowers, majorly known as the ultra vires rule in Latin language.Organizations should therefore in formulation and implementation oftheir policies should make sure that they are not beyond the powersbestowed upon them (Epstein & Lee, 303-325).
Moreover,the courts can also prohibit an institution from acting in a mannerthat prejudices public safety. In the above cases in matters wherebya suite is filed in court against an organization, the court may makea ruling which involves prohibiting it from acting in somewhat way ininterests of the public. It may also order compensation to aggrievedparties a contravention of which may result to the closure of anorganization or withdrawal of its practicing certificate (Epstein etal.303-325).
Somany questions arise on the importance of the judicial interventioninto an organization’s actions. Most importantly is the need toprotect the public interests in the event of deterring a similaroccurrence. In other cases there are instances whereby a company’sactions are prejudicial to public safety and order. The statutes andjudicial precedents have to be therefore put in place in order toprevent such occurrences (White et al.1177-1214).
Theorganizations are therefore left with no option but to comply withthe judicial statutes and precedents if they are to run smoothlywithout its interference since this would even worsen their situationin instances whereby they may order the carrying out of aninjunction. This would consequently lead to difficulties in executionof the organization’s practices and therefore rendering itimpossible to achieve its objectives (Epstein et al.303-325).
Inconclusion one understands the bulk of importance that the judiciaryplays in the corporate world. Therefore, care should be taken byinstitutions in following the judicial rulings if they are to achievetheir objectives.
Arrow,Kenneth J., and Robert C. Lind. "Uncertainty and the evaluationof public investment
decisions."Journalof Natural Resources Policy Research6.1 (2014): 29-44.
Epstein,Lee, et al. "The judicial common space." Journalof Law, Economics, and Organization
White-Smith,Morgan. "Revisiting Revlon: Should Judicial Scrutiny of MergersDepend on the
Methodof Payment?." TheUniversity of Chicago Law Review(2012): 1177-1214.