Spanish Conquistadors: Heroes Or Murderers :: essays research papers fc

Spanish Conquistadors: Heroes or Murderers "The Indians in the first fatal decades of the white man in America were conquered because they could not conceive what it was that the white man was after, and what manner of man he was." (The Indians of the Americas, p97) This misconception, was that the Indians could not imagine was that the Spanish Conquistadors would come to the Americas and brutally murder men women and children in the name of a god. They could not see how a group of people could follow such a god. The Spanish conquistadors raped the American natives of their naiveness. The Spanish conquistadors took away the Indians right to their way of life and their land. Living in the United States of America, it's hard to imagine a group of people coming into our country, and taking our land. But this event has already happened, almost 500 years ago. The people who dominated the United States before the Spanish invasion roamed among a 2 large continents. Today the Indians are restricted to reserves or â€Å"reservations†. Their land has been taken from them, and little if any was given in return. The people who live among these reservations try to preserve the â€Å"old way of life.† Another thing taken from the Indians of Americas was their way of life. One thing almost all people hold close to their heart is their way of life whatever it may be. The Indians however were persecuted for their beliefs and either killed or converted to the â€Å"Spanish Catholicism† or many other varying ways of life. This conversion did not take place peacefully. Many resisting Indians died for their cause. The Indians of the Americas could no longer hunt and gather food freely. Nor could they farm just for their community. Strong men were taken as slaves either to Hispaà ±ola (Modern Day Haiti), Cuba or taken back to Spain. Such slaves were often worked to death, because of the seemingly endless supply of American Indians. Other Indians were forced to pay tribute to the Spanish by working on farms to feed the invaders when they themselves were barely nourished enough to live. Some American Indians went so far as to commit mass suicides and not to have children, because they knew their fate if they were to go on living or to bring another child into the world only to see him or her worked to death (Collier, 63). Another very important factor in the demise of Native American Indians was disease, the native Americans had no immunity to the European diseases.

Critically discuss an established marketing theory Essay

Customer expectations are increasing because of the increasing choices from a wider range of consumption. Nowadays, customers do not just buy clothes from a boutique, but also large retail stores, web stores or even mobile phone shopping apps. Claes Fornell International states, â€Å"the multiple channel models focus on providing information, purchase or fulfillment orders, after-sale servicing and technical support† (CFI Group, 2006). There are many considerations that customers may make when they repurchase: Past experience, convenience, service, price, product features, company image, and the recommendations of others. These considerations are determined by the way that companies integrate initial purchases and problem resolution in a multi-channel environment. Marketing mix originally had 12 elements which were defined by Broden (1965). Thy are product planning, pricing, branding, channels distribution, personal selling, advertising, promotions, packaging, display, servicing, physical handling, and fact finding and analysis. McCarthy (1964) afterwards redefined the marketing mix based on the idea of Borden. He combined Borden’s 12 marketing mix elements to the four new elements: product, price, place and promotion, also called the 4Ps. McCarthy suggested they are combination of all of the factors at a marketing manager’s command to satisfy the target market. Therefore, the 4Ps concept is now the most common way in defining marketing mix. It is something that companies need to consider in order to market a product or service, they also provide a guideline for the companies to achieve a successful marketing campaign. The 4Ps are designed to analysis the needs and wants of customers, in order to satisfy them and therefore attract more customers and sales. Each element of the 4Ps plays an important role in fulfilling the satisfaction of customers and these roles change with the changing environment of the marketplace. This essay will be covering the concept of 4Ps and also how this concept is applied in the current multi-channel marketplace. The first p Product is the most important thing in an organization. Baines, Fill and Page (2011) define â€Å"Anything that can be offered for use and consumption, in exchange for money or some other form of value, is referred to as a product†. It might be tangible or intangible. As mentioned in the first paragraph, customers think a lot before they purchase, they do not just buy a product for the function of a product, but many other elements as well. So, product can be divided into 3 different forms in order to understand the elements, which are core, embodied and the augmented forms. Core product consists of the benefit or satisfaction that a customer expects from purchasing a product or service. The benefit can be in terms of either functional or emotional. Embodied product takes account into the physical benefit of a product such as the features, durability, design, packaging and brand name. Augmented product consists of the embodied product and also the other factors affecting the purchase activity. The second p is price. It is described as the amount a customer pays in exchange for goods and services. This is another crucial thing to a company, as price determines the money it earns through setting the prices of products. Companies have different pricing strategies in order to satisfy their target customers, setting a price for a product is difficult to a company. If the price is too high customers may not be able or willing to purchase whereas a very low price may make the customers think that the product are in very low quality therefore refuse to purchase. How should price be set depends heavily on the product itself and this relates to the expectations of the customers about the product. Not only the quality of the product but also other factors such as features of the product, the packaging and some other psychosocial expectations determine the price of a product. Place is the next p, it can also be called distribution. Baines, Fill and Page (2011) define this â€Å"Place or distribution concerns how to place the optimum amount of goods and/or services before the maximum number of a target market at the times and locations they want.† It focuses on the availability of the product at the desired place and time. Places can be in many kinds such as physical stores like departmental stores and supermarkets. It can also be in virtual form such as e-malls and e-market.  Ã¢â‚¬Å"Distribution activities are vital element in creating customer value. A product will provide customer value and satisfaction only if it is available to the customer when and where it is needed, and in the appropriate quality† (Douglas, James, and Ellram, 1998). The delivery of a product is important as it affects customer’s satisfaction and the evaluations over the quality of the service. Therefore companies need to think and manage well enough of the way s of distributing their products or services and here are some crucial factors of delivering goods: speed of the delivery, availability, range of choices, level of convenience and also after sale services. Lastly is promotion, it is also called marketing communication. Baines, Fill and Page (2011) state, â€Å"It is used to communicate elements of an organization’s offering to a target audience. This offer might refer to a product, a service, or the organization itself as it tries to build its reputation.† There are four promoting methods that companies commonly use, which are advertising, public relation, sales promotion and personal selling. Also today, promoting through Internet is the most popular way as it is cheap and effective, with the rapid development in technology and the increasing amount of access to the Internet. Since the purpose of promotion is to increase customers’ awareness to a product, companies usually begin to promote before a particular product is actually launched into the market. However, the volume of promotion depends on the finance of a company. A company with cash flow or other financial problems may find it difficult to implement prom otion activities due to costs. The marketing mix 4Ps models seem to be a very effective marketing strategy as it gives guidelines to companies of how to market a product or service. However many studies have criticised the 4ps concept as not being customer oriented. Today’s marketplace is customer oriented, companies should do everything in the favor of customers. Therefore, the original 4Ps marketing mix model defined by E McCarthy that is claimed to be product-oriented should be adjusted. Lauterborn (1990) suggests that the 4ps elements should be considered in the customer’s perspective, through converting the 4Ps to 4Cs, which is from product to customer solution, price to cost of customer, place to convenience, and promotion to communication. Mà ¶ller (2006)  criticised the 4Ps marketing mix in 4 areas: Internal orientation, lack of consumer interactivity, void of theoretical content and does not offer help for personification of marketing activities. The mix does not take into account the element of service marketing, it also ignores the relationship building with the customers. The idea of the marketing mix has implied the central element as marketers but this is not correct. ‘Customer-focused management’ should be the core of marketing. So nowadays in the marketplace, companies focus heavily on the ways of engaging with customers, by offering good customer services and provide the best buying experience to the customers. It is no longer just focus on the product itself. Apple’s product like iphone and Macbook are designed fashionable together with newest technology and good functions. However the company also pays huge effort in serving the customers, the features and functions of the product are not the only concerns. Well-designed Apple stores and massive amount of staff in each store provide a good atmosphere for the customers when they are making purchases. This provides memorable buying experience to the customers and therefore huge amount of sales can be generated. In the side of promotion, companies no longer promote their products by emphasising the features of the product but to engage with the customers. Many organisations use social network sites such as Facebook and Twitter as their promotion platform. Pages are created and the purpose of that is to interact with the customers. They tend to build relationships with customers through updating company’s status frequently and also observation from the customers’ activities. The TV adverts of the iphone now focus more on how it gets involved in customers’ daily life. It does not just mention the functions of the phone but highlight the way that iphone improves our life. Besides, there are also significant changes of the distribution of products under the multi-channel market place. More customers now make their purchase online instead of in store. This is because of the rapid development of technology and the increased popularity of online shopping, and it is convenience as well. This change has caused huge impact on the retailing industry. Increasing numbers of customers download movies and songs from the  Internet or iTunes Store, this made companies such as Blockbuster and HMV suffers, causing them to close stores and cut the number of staff. The use of marketing mix of a company depends on many factors, such as the finance of the company, the resources available and also the changing condition of the market and customer’s wants. The 4Ps are closely related, one change of one of the Ps has direct effect on the others. Companies need to pay huge attention to the current market with rapid changes, in order to make adjustments to their marketing mix. The 4Ps marketing mix, has been criticised by different studies in terms of its limitations to the current consumer-oriented market. However, despite the limitations, this concept still remains strong because of its simplicity. The majority of the marketing textbooks still define marketing mix with the component of the 4Ps. Companies still manage their marketing mix on the basis of this concept, perhaps with little variations according to the market condition. It is better for people to learn the 4Ps concept of marketing mix even though the concept might not fit into today’s marketplace, as it is relevant and it provides a clear guideline. Although there are many new marketing approaches and frameworks that have been suggested by different studies, these findings still cannot be agreed in the real business life as they are just raised theoretically but not empirically. This is because there is still a lack of data about how practitioners make use of the marketing mix to tackle the marketing problems, there is also a lack of effects of the 4Ps components on the success or failure of marketing programmes (E. Constantinides 2006). However, it is still preferable for the companies to consider improving the limitations of the 4Ps framework by taking account into the other suggested approaches that are focusing more on the customer side, given that the frequently changing of the customer behavior and wants. References E. Constantinides (2006) ‘The Marketing Mix Revisited: Towards the 21st Century Marketing’, Journal of Marketing Management, 22:3-4, 407-438 (Online), Available: http://dx.doi.org/10.1362/026725706776861190 (Accessed: 28 November 2013) Russ Merz, Ph.D. (2006) Customer-Focused Strategies in the Multi-Channel Marketplace, (Online), Available: http://www.vigilmetrics.com/Resources/Articles/CFI-Multi-Channel-Strategy.pdf (Accessed: 28 November 2013) Marketing Mix – 7P’s That Defines The Meaning Of The Marketing Mix, (Online), (2013) Available: http://marketingmix.co.uk/definition/ (Accessed: 28 November 2013) Chai Lee Goi (2009), ‘A Review of Marketing Mix: 4Ps or More?’, international journal of marketing studies, (Online), Vol. 1, No. 1, pp. 1-14. Available: www.ccsenet.org/journal.html (Accessed: 29 November 2013) Baines, Fill and Page (2011), Marketing, 2nd ed., United States, Oxford University Press Borden, N.H. (1964), â€Å"The concept of the Marketing Mix†, Journal of Advertising Research, June, pp 2-7. . McCarthy, E.J. (1964), Basic Marketing, a Managerial Approach, Homewood, Ill.: Richard D. Irwin, Inc.. Lauterborn, B. (1990). New Marketing Litany: Four Ps Passà ©: C-Words Take Over. Advertising Age, 61(41), 26.

Analyse the Different Ways in Which Countries Can Attempt

Firstly, the economic problem is split into three questions, which are: what to produce? How to produce? Who to produce for? These three questions can also be summed up as scarcity which is the inadequate amount of resources available. Consumers have wants which are unlimited; they would always want more, but due to the economic problem, scarcity, not everyone will get there ‘want’ fulfilled, therefore causing a problem. Different countries can attempt to overcome the economic problem in several ways; which is to apply a different economy system to their country.Due to scarcity consumers will now have to make a choice of what they want, by sacrificing the next best alternative when making a decision, this is known as opportunity cost. This is an example of an opportunity cost. â€Å"Airport operators like the GMR-led DIAL and GVK-led Mumbai International Airport Limited (MIAL) have argued that they could have invested the money raised in the form of security deposits fr om this land in any other venture they wanted. † Vikas Dhoot. (2012). Airport operators want opportunity cost for land security deposits. Available: http://articles. economictimes. ndiatimes. com/2012-01-27/news/30670362_1_security-deposits-airport-operators-airport-project. Last accessed 26th October 2012. Scarcity is fluctuated by the factors of production, when there is little factor of production the higher the scarcity and when higher the factor of production the lower the scarcity level. Factor of production combined create goods and services for consumers; these factor of production consist of labour, land, capital and enterprise. Labour are the individuals/employees who are part of this project to create goods and services for consumers.Labours are awarded with wages/salaries for their human effort in production. Land is the natural resource available, and this could be let out to firms, as the firm would pay them back via rent. Capital are assets used to produce goods , these are things as machinery, vehicle, factories. Finally, enterprise, someone who is initiative, risk taker and good leadership skill, as they are the one who created this project in first place to provide goods and service, maybe in order to maximise profit. Example of good entrepreneur is Steve Jobs who was all behind the creation of Apple and the success of it.Factors of production causes scarcity which in turns leads to people making choices due to the economy problem in the country; however countries do follow economy system to try and overcome these problems. These are: free market economy; mixed economy and command economy. All three handle with basic economic problem differently and are applied in many different countries. Free market economy is an economy system which is controlled by supply and demand and has very little or non-government influence. Hong Kong has been one of the freest market economy countries in the world. This year, however, several government moves have sparked renewed debate as to whether Hong Kong is abandoning its laissez-faire principles. † Cathy Yan. (2010). Face Off: Is Hong Kong Still a Free Market?. Available: http://blogs. wsj. com/hong-kong/2010/12/20/is-hong-kong-still-a-free-market/. Last accessed 26th October 2012 Some of the characteristics of the free market economy are that everyone is out there to make gains and maximise on them gains. The firms will maximise profit and consumers would have gained a good or service that they wanted.Majority of country’s factor of production, land, are owned by a third party. They will be the private owner of the land which in turn they could rent out to a firm, to place their business in order to produce goods and service. The private owner would then get rent and will hope to maximise profit through the process, this also limits the government’s role. Since there is little or no government influences in free market economy, firms are able to sell anything they want but it is mainly productions of customer’s want.It’ll be a free enterprise so no dictatorship telling labours where they have to work, labours can take any job they want. Also with no barriers to entry or exit it is easy for competition to enter the market and it will be a highly competitive market. Consumers will be looking for which firm can offer them the best deal on their wants whereas firms will be competing for customers and suppliers. Firms may have to give more to the suppliers in order to get them attracted to the firm and decrease price in order to attract consumers.Having competition it may be beneficial to a firm as they may be able to get ideas from a rival firm and yet do better than them. â€Å"Consider Microsoft's standard practice of absorbing any new and interesting technology into their operating system. In DOS 6 it was disk compression. In Windows 3. 11 it was network file access. In Windows 98 the target was the web browser. In Windows XP it may well be streaming multimedia. It's very hard to exist in a marketplace when one of your competitors is more or less giving away your

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COMPANY PROFILE Company’s Philosophy Our Company’s Main Mission is to provide : * Main quality and best IT Brands * Professional trading standards * Reliable after-sa les service & warranty DISCOUNTPC’S vision is to maintain its status as one premier retail provider – delivering the best I. T. Brands and being known as â€Å"best value for money† retail shop. Contact Information DISCOUNTPC (BEST VALUE MICRO PC) DiscountPC 2nd floor Gilmore I. T. Center Bldg. Gilmore Cor. 1st St. Gilmore, Q. C. PHILS TELS: 722-5018 964-5779 622-3886MOBILE: 0917-8202818 0917-8100560 FAX: 470-9349 EMAIL: [email  protected] com. ph MICROTEQ (MICRO Xchange Tech PC Co. ) MICROTEQ 3RD floor Gilmore I. T. Center Bldg. Gilmore Cor. 1st St. Gilmore, Q. C. Phils TELS: 725-0203 622-0391 MOBILE: 0917-8982310 FAX : 725-0203 EMAIL: [email  protected] com. ph Corporate Information DISCOUNTPC’S vision is to maintain its status as one premier retail provider – deliv ering the best I. T. Brands and being known as â€Å"best value for money† retail shop.The Corporate Head-Office is at the Ground Flr. UNIT101 LEGRAN TOWER NO. 209 EISENHOWER ST. GREENHILLS SAN JUAN, M. M. of which becomes a permanent warehouse because of its 24/7 security convenience and for purposes of an over-all cost cutting rationale. Recently, collections and other office transactions are being made temporarily at another office location at Barcelona TowerII NO. 209 Pasadena Drive San Juan, M. M. The new Corporate Head-Office will be at UNIT 2-I Mezzanine Flr. TRION TOWER I Bonifacio Global City starting October 2012 onwards.Formed in 2002, DiscountPC has been focused from the beginning to maintaining its lead as a retail provider. The company started as MediaHub Accessories Co. in year 1999, Then in 2002, we added three more outlets such as Microteq PC Co. , E-Gear PC Co. , and DiscountPlus PC Co. all at the 2nd flr. Of Virramall before its major renovation in Dec. , 2 004. In 2005, the company transferred to Gilmore area as DISCOUNTPC. However, following the economic crisis in 2008, the company wisely closed two of its branches in Makati (one in Herrera Tower at VA Rufino ST. orner Ayala and another at Blanco Center Leviste St. ). we plan to re-open these two branches before 2012 ends, and a new outlet will be open in GBC on or before 2013. SECRET TO OUT RESILIENCE & SUCCESS Our success is measured by GOOD FUNDINGS, EXCELLENT MANAGEMENT, and FOCUS. It is our ability to converge on customer satisfaction which delivers, our ultimate competency based on trust and loyalty which turns majority of our customers into long term accounts.We will continue to deliver this ATTRIBUTES reliably with expertise and professionalism as we slowly and cautiously evolve to encreasing our outlets in the near future. BRANDS * W. D. â„ ¢ || SEAGATEâ„ ¢ || Seagate Go-Flexâ„ ¢ || Transcendâ„ ¢ || * Kingstonâ„ ¢ || Kingmaxâ„ ¢ || Gailâ„ ¢ || GSkillsâ⠀ž ¢ || Patriotâ„ ¢ || elixirâ„ ¢ * OCZâ„ ¢ agility || OCSâ„ ¢ solid || OCZ â„ ¢ vertex || CORSAIR â„ ¢ || ADATAâ„ ¢ * Thermaltakeâ„ ¢ || Aerocoolâ„ ¢ || Antecâ„ ¢ || InWinâ„ ¢ || Lancoolâ„ ¢ * INTELâ„ ¢ || AMDâ„ ¢ || MICROSOFTâ„ ¢ | NORTONâ„ ¢ || KASPERSKYâ„ ¢ * Gigabyteâ„ ¢ || Asrockâ„ ¢ || EMAXXâ„ ¢ || ASUSâ„ ¢ || Biostarâ„ ¢ || MSIâ„ ¢ * EVGAâ„ ¢ || PalitDaytonaâ„ ¢ || HISâ„ ¢ || Sparklevâ„ ¢ || Afoxâ„ ¢ || Sapphireâ„ ¢ * Samsungâ„ ¢ || AOCâ„ ¢ || HANNS-Gâ„ ¢ || CHIMEIâ„ ¢ || INTEXâ„ ¢ || KTCâ„ ¢ * CANONâ„ ¢ || HPâ„ ¢ || EPSONâ„ ¢ || BROTHERâ„ ¢ || Altecâ„ ¢ || Edifierâ„ ¢ * Dlinkâ„ ¢ || TP-LINKâ„ ¢ || EDIMAXXâ„ ¢ || Logitechâ„ ¢ || A-4TECHâ„ ¢ * MSIâ„ ¢ netbook || ACERâ„ ¢ || NEOâ„ ¢ || ASUSâ„ ¢ MANAGEMENT STAFF Name: MRS. ELIZABETH TANG PARDO – RELUCIO TITLE: MANAGING OWNER AREA: FINANCE / PURCHASING OUTLETS OPERATIONS TEL S: 961-5779 0917-8202818 NAME: MR. ALBER DY RELUCIO TITLE: MANAGING OWNERAREA OF RESPONSIBILITY: AFTER SALES & LOGISTICS TELS: 211-3864 0917-8900306 NAME: MS. ANABELE RIVAS JOB TITLE: MARKETING / PURCHASING TELS: 622-0391 0939-4302891 NAME: MS. JENNIFER PAMING JOB TITLE: ADMIN / PERSONNEL TELS: 622-3886 0917-9100566 NAME: MR. POLICROMIO TACUD JR. JOB TITLE: LOGISTICS TELS: NAME: MS. ROSELYN DELICANA JOB TITLE: INVENTORY CONTROLLER TELS: NAME: MS. VIVIAN ALDEZA JOB TITLE: RMA CONTROLLER TELS: NAME: MR. RONALD SANTOS JOB TITLE: HEAD TECHNICIAN TELS: 725-0203 NAME: ANA MARIE CORRAL JOB TITLE: SALES MANAGER TELS:

PROJECT PLAN AND REPORT Coursework Example | Topics and Well Written Essays - 1750 words

PROJECT PLAN AND REPORT - Coursework Example It was also recommended that while planning the project, optimum utilization of resources should be done, the timeline is strictly followed and part-timers are recruited, so that the recruitment cost is reduced. Table of Contents Executive Summary 2 INTRODUCTION 5 Background 5 Scope of the Project 7 Method of Collecting Information 7 Limitations 7 DEVELOPING AN ONLINE CHRISTMAS GIFT STORE 7 Project Objectives 7 Products 8 Resources Required 8 Strategy and Implementation 9 Stakeholder Analysis 10 Risk Analysis 11 Milestones 13 Conclusion 14 Recommendation 14 References 15 Appendices 16 Appendix 1 16 INTRODUCTION Background Project planning is the science and art of utilizing the historical data, personal expertise, organizational knowledge and the project scope to depict the resource expenditure, cost, and the duration of a project. It also includes the development of guidelines in order to ensure the service quality, response to unfavourable events and commencing with the inevitable changes in the plan prepared for the project. In order to arrive at the estimated duration and cost of the project, the project manager identifies the numerous physical elements and activities that are necessary to meet the objectives of the project (Rad, and Anantatmula, 2005, p. 1). On the basis of this information the project manager estimates the requirements of the resources and the time length of the project. However, the estimation of the resources is done along with their cost estimation, as it is a valuable piece of information for the project team. The estimates of the resource are reduced to the cost. This is because total cost is more important information for the client. The project manager then finally computes the costs and completes the total estimation of the report (Haugan, 2002, p. 4-5). There are many different steps or stages through which a project passes to its completion or closure. Those set of stage would be described in this study through the development o f an online Christmas gift store. Since Christmas gifts are sold before and during Christmas, so this online store opening, launching and operations can be considered a project, which would be described in detail based on the phases that would be described here. The different phases or stages in a project plan are: Defining: Before initiating the project the project manager should determine the goals of the project, ascertain the scopes, risks, budget, cost, timescale, and approach. It should also be communicated to the stakeholders of the company, and the difference in opinions should be resolved in the initial stage. Planning: Planning is very important part of any project plan. While creating the project plan, the first task that is undertaken by the project manager and his team is planning the stages and the minute details in the project. Executing: In this stage the project manager and his/her team would be executing or implementing the pre decided activities for the completion of the project on time and according to the design. Monitoring: After implementing the step wise project operations, the manager has to monitor whether the implementation has been done according to the framework designed or not. Controlling: Controlling ensures that the plans have been followed according to the stages decided and set by the project team. Closure: Once all the tasks are complete in the

CITI business case study Example | Topics and Well Written Essays - 1750 words

CITI business - Case Study Example Increased competition for capital continues to force banks to innovate (Citibank, 2008). In order to differentiate its e-business products from those of its competitors, Citibank took several measures(Citibank, 2008). First, the bank developed a strategy for its corporate banking division where its target corporate clients included multinational corporations (MNCs), financial institutions, government agencies, local enterprises and SMEs. The bank understood that each of these corporate client categories had unique needs. The bank realized to need to go the extra mile to package its products to meet the unique needs of every customer (Citibank, 2008). Citibank also differentiated itself and its products from those of its competitors through an improved, comprehensive customer service. The customer service includes telephone hotlines, relationship managers who take their time to comprehend the individual customer’s needs and product advisors whose role is to advise customers on the product or products that most suits its needs. Finally, the bank continues to invest heavily in technology in order to promote both the front- and back-end electronic banking systems. Besides, the bank seeks to make itself more accessible to its customers through what is calls its unified platform. The platform uses a teamwork approach that allows the bank to work with every function in the organization of the client (Citibank, 2008). Grow its global reach: As at the time of developing this strategy in 2008, Citibank had operations in 100 countries of the world and employed over 268,000 people. This global presence, the bank believes, puts it in a strong position to meet the global needs of its customers. This being the case, the bank should continue its global expansion drive. Strengthen its brand: The bank believes that it has built a strong brand

The constitutional jurisprudence of the European Court of Justice is a Essay

The constitutional jurisprudence of the European Court of Justice is a paradigm of judicial Activism. Discuss in relation to Art. 234 EC - Essay Example , the judicial activism of the European Court of Justice has been one of the most intriguing aspects of the evolving legal and judicial framework in Europe, because it â€Å"appoints the European Court as meeting place between the legal order of the Community and those of its member states.†3 It has in fact, represented the driving force of European integration through the fashioning of a constitutional framework for a federal type of structure within the European Union.4 The legislative process within the European Union has often been characterized by inertia, as a result of which the ECJ has had to exercise judicial creativity, to address the gap between voter wishes and political decisions which is not well defined in the European Community as it is in a democracy.5 In the context of Article 234 of the EC Treaty that places the European Court of Justice in the role of interpreter of the aims and objectives of the Treaty, creative European jurisprudence has often required that the ECJ not send away an individual litigant or a national Judge without an answer, in order to avoid denial of justice. As a result, this has often required creative judicial interpretation that has caused it to be accused of judicial activism.6 The Court has adopted the teleological method in its approach to judicial interpretation, wherein a rule is interpreted by taking into account the purpose of the rule and the aim and objective it seeks to accomplish, as stated in the case of CIFLIT, â€Å"every provision of Community law must be placed in its context and interpreted in the light of the provisions of E.C. law as a whole, regard being had to the objectives thereof and to its state of evolution at the date on which the provision in question is to be applied.†7 The factor that will determine when judicial activity strays into the field of judicial activism is determined by the extent to which the judicial function strays into the political realm. The European Court of Justice has