Law and the Constitution in Canada Essay Example | Topics and Well Written Essays - 250 words - 1

Law and the Constitution in Canada - Essay Example Legal reasoning is essential in explaining the inherent difference between partisan and impartial legal decisions. Legal reasoning remains indispensable in arbitration of varied beliefs and values of the Canadian society towards acceptance of legal decisions2. Moreover, legal reasoning is domineering in harmonizing Canadian society perspectives about legal integrity. Furthermore, it enables the Canadian society to comply with SCC legal decisions over varied cases even though they may seem to disagree. Similarly, legal scholarship has had notable contributions to realization of a more acceptable Canadian legal system through establishment of doctrinal scholarship and creation of linkage with other disciplines. Through legal scholarship, legal scholars established a doctrinal analysis system that explains, criticizes, and analyses Canadian judicial decisions. In addition, legal scholars have created brilliant doctrinal scholarship proposals methods of decision making within judicial systems especially in constitutional law. Besides doctrinal analysis, legal scholarship has ensured incorporation of other discipline concepts such as economics, philosophy, and literary theory in making legal decisions3 (Bourne 2011). Due to the aforementioned concepts and functions of legal reasoning and scholarship, the Canadian society have accepted Aboriginals rights and title as outlined in section 35 (1). SCC have the legal rights to interpret s35 (1) to the Canadian society, a responsibility that they have achieved through legal reasoning (Turner 2006). In addition, legal scholarship and reasoning remains imperative in explaining the inherent judicial process in making decision relating to acceptance of aboriginals rights. Acceptance and affirmation of aboriginal rights required doctrinal scholarship analysis and legal reasoning of several cases including the Delgamuukw

Acquisition in the mining sector of Austrailia Essay

Acquisition in the mining sector of Austrailia - Essay Example To strengthen their financial position dominant players of this industry across world, and especially in Australia turned to mergers and acquisitions. Year 2011 witnessed global mergers and acquisition of $.162, 439 million with 43percent higher than previous year in terms of value (e Ernst & Young, 2012). In Australia alone, total value of M&A deals in mining and metal sectors in year 2011 was $.38, 594 million as compared to $.23, 469 million in the year 2010. Mergers and acquisitions in mining and metal sectors of Australia also witnessed large inbound and outbound deals. This report sheds lights on the aim and objective of these deals based on two case studies from Australian mining sector. Case studies used for the purpose are: Atlas Iron acquiring Giralia resources ($.805 million) and BHP Billiton acquiring HWE mining ($.732 million). Both deals been successfully completed in year 2011with both parties of two deals belonging to same continent. The two case studies witnessed ove rall aim of acquisitions by two firms to enhance their resource base, increased synergy in their operations and undertake low risk transactions. The capital agenda guiding these transactions was to preserve, optimize, raise and invest capital (e Ernst & Young, 2012). Atlas Iron acquiring Giralia resources was mainly driven by motif to increase it resource base. BHP Billiton acquiring HWE mining was aimed to improve synergy and efficiency in operation with undertaking contractor firm within BHP Billiton’s umbrella. Successful completion of deals benefitted both parties as well as their shareholders. In the end with reference to the academic literature both deals are discussed to extract level of alignment and support from literature. Table of Contents EXECUTIVE SUMMARY 1 ACQUISITION IN THE MINING SECTOR OF AUSTRAILIA 4 ATLAS IRON ACQUIRING GIRALIA RESOURCES 8 DEAL DETAILS 9 BHP BILLITON ACQUIRING HWE MINING 12 DEAL DETAILS 12 SUPPORT FROM LITERATURE 13 TRANSACTION ALLIGNMENT W ITH LITERATURE 15 CONCLUSION 16 REFERENCES 17 INTRODUCTION Australia stands on the leading position on mega acquisitions table with Australian BHP Billiton acquiring Petrohawk Energy of US (Oil & gas sector) with $.11, 776 million in cross border acquisition (e Ernst & Young, 2012). Mining sector of Australia also remained active to enhance its capacity, strengthen operations and portfolio. With considerable activity of Australian companies in acquisitions in the year 2011, this report will explore various areas of these acquisitions. Two inbound acquisitions deals in Australia with Atlas Iron acquiring Giralia resources ($.805 million) and BHP Billiton acquiring HWE mining ($.732 million) in focus, following areas are explored and discussed in this report: Were both deals able to achieve success completion within defined time? Details of both details. Type and level of discrepancy arisen, if any. For instance resistance from management or shareholders etc. Overall aim of the acquis ition Benefits to the acquirer and Benefits to the target firm (acquired firm). Level of support these deals can leverage from the academic literature. ACQUISITION IN THE MINING SECTOR OF AUSTRAILIA In the year 2011, the mining and metal sectors have successfully emerged as strong sector with growth trend after riding the high global economic uncertainty. Among other options to raise capital, mining sector provided an ideal environment for mergers and acquisitions specifically; however, while total deal value was up 43% on the prior year to $162.4bn, volumes were down 10% to 1,008 deals, highlighting the difficulty in evaluating, financing and executing deals (e Ernst & Young, 2012). (e Ernst & Young, 2012) (e Ernst & Young,