text:
Space of Law
"Let's fly in to the world of law"
EVOLVEMENT AND CHALLENGES OF JUDICIAL REVIEW ON ADMINISTRATIVE ACTION IN SRI LANKA.
HISTORY OF JUDICIAL REVIEW ON ADMINISTRATIVE ACTION IN SRI LANKA.
EXTENSIONS OF THE APPLICATION OF JUDICIAL REVIEW ON ADMINISTRATIVE ACTION.
JUDICIAL REVIEW ON ADMINISTRATIVE ON ACTION IN ANOTHER JURISDICTION.
DE MERIT OR BARRIERS WHICH LASTING ON THE APPLICATION OF JUDICIAL REVIEW OF ADMINISTRATIVE ACTION IN SRI LANKA.
CONCLUSION AND RECOMMENDATION.
In general sense, just and fair administrative action is needed in every aspects of people's ordinary day to day activities. The cardinal phenomena roots over the administrative action is based on celebrated well known principle as Public Trust Doctrine. According to the 1978 constitution people are sovereign[1] and those power can exercise by government organs.[2] Therefore from above footing, the people can to be considered as beneficiary, administrative bodies as trustee and the constitution as trust document. Thereby administrative bodies upon exercise of its power must be in benefit, just and fair manner towards people.
In this backdrop, by this paper author analyzed that, in one hand there have been significant developments recently in the field of judicial review on administrative action in Sri Lanka, on the other hand the coregent development are suppressed by prima facie defect upholding in the arena of rule of law and contemporary judicial precedent which is spelt out from legal pronouncement.
In this sense demarcation of the Administrative Law is essential. In one extent it is encompasses law relating administrative matter and another extent postulates the control of the governmental power.[3] In this way, rule of law on face of recode elucidates of every things must be done accordance with law. Therefore in another way around it refers the establishment of limited form of the government.[4]
The similar result can to be observed upon the Judicial Review on Administrative Action (review the action) when it spontaneously work through in either form of effectiveness and progress manner. There by it interconnects the Administrative Law and Rule of law.[5] The action (commission/omission) of the administrative body/executive body when itself subject to the review by judiciary can be called as judicial review of administrative action.[6]
Nonetheless when trace back the reason why this reviewing the action inserted in the scope law that, this principle spontaneously produce the rule of law, protect the people from abuse of power and prescribes the manner on administrative action.
HISTORY OF JUDICIAL REVIEW ON THE ADMINISTRATIVE ACTION IN SRI LANKA.
In Sri Lanka no express provision dealing that judiciary has the power to judicial review on administrative action. Nevertheless it come to know from which authority having the power to issuing writ and redress for fundamental rights. Because writ and fundamental rights is basic factors for seeking judicial review on administrative action. In this regard according to the history Ceylon charter,[7] Ceylon Charter of justice in 1833 and Section 46 of court ordinance empowered the Supreme Court to issue writs. Nonetheless according to 1978 constitution writ jurisdiction empowered to Court of appeal[8] and Provincial High Court[9] and fundamental rights jurisdiction vested with Supreme Court.[10] Despite in early period writ was granted according to the English Law.[11]
In the light of contemporaneous approach in respect judicial review on administrative action shall not restricted in some factors or heads.[12] If it is happened protection of the citizen against the abuse is obvious one. However it is evident from the history that in early period judicial review on administrative action limited in reliance of orthodox grounds. It is meant that when any administrative action brought before the court on this circumstances the judiciary willing to review the action upon the fulfillment of those ground only not in wider sense. Such grounds are
Ultra vires
Un reasonableness
ULTRA VIRES.
Ultra vires is the so long ground which is being entertained upon the reviewing the action as traditional ground[13], based on juristic basis and central principal of administrative law.[14] The simple preposition about the ground that when administrative bodies exercise the power in excess or exercise the power without jurisdiction such act is subjected to review and declare null and void. Therefore it consider the intention of the legislature[15] and control discretionary power. In line with the matter in Sri Lankan judiciary spelt many sound out comes of pronouncement in relied with ultra vires.[16]
UN REASONABLENESS.
This ground considers the relevant and irrelevant consideration. When the action consider irrelevant such act declared as void. This significance approach was established on English law in Wendesbury case.[17] The same standard uphold on reviewing the action in several cases in Sri Lanka.
PROPORTIONALITY.
It might fitly referable that proportionality is a latest ground and dealing with decree of proportionate with imposing administrative action and public rights and interest.[18]When it exceed such act is void. Therefore this principle would be an effective to examine of action taken by the executive and ensuring such act should be proportionate and adherence to necessary to individual's interests.[19] In Sri Lanka this approach availed in Environmental Foundation Ltd Colombo V Urban Development Authority[20] and other cases[21]. This ground is summed up in phrase not taking sledge hammer to crack a nut.[22]
ILLEGALITY, IRRATIONALITY, PROCEDURAL IMPROPRIETY.
Illegality refers the observation over the action legal or illegal, irrationality examines the reasonable rationale and procedural impropriety considers the proper procedure. This grounds were established GCHQ[23] case and followed in Sri Lanka too.
DEFECT AND CRITICISM OVER THE ORTHODOX GROUNDS.
Having reminded above grounds when goes to deeper manner in to current position, it can be noted that these grounds have defects heavily having criticism. special attention on ultra vires, it can be used for reviewing only limited area and struggle balancing between non complete elimination of discretion and granting unfettered power[24]. This grounds under criticism of scholar[25] and based on juridical review.
Nonetheless pertaining to unreasonableness only considers relevant/irrelevant consideration rather than consideration upon the merit of the decision and not exhaustive ground for review.[26] Despite the proportionality failed within context controlling discretionary power.[27]
In this sense all orthodox grounds are being defect in case of protection of the individual rights against establishment of national mega development.[28] The orthodox grounds on itself restricted particular fulfillment of requirements within its four corners and not reflect no any rights based approach.
On the basis of above reasoning the reviewing the action restricted by parameters which are laid down in the orthodox grounds. Though this short outs have been debated struggle point on this application. Thus in order to eradicate those barriers the judiciary restore the tools as judicial activism and judicial development.
The judicial activism remarks that the law want to be survived it should be complied with contemporaneous approach. Therefore the judiciary not only relied on the oldest approach but also they liberalized itself and incorporates the fair and justiciable principle in to their approach and judge not relied on the statutes they awarded the decision in just and equitable manner (judge made law).It turn to be focused on the judicial development that it removed the detract on law and proper apply of substantial, procedural law in suitable for current position.
It is well evident that in Sri Lanka extensions of review has been taken placed in Heather Mundy V Centre Environmental Authority and others,[29] Ceylon Tobacco Company V Minister of Health[30] and Environmental Foundation Ltd Colombo V Urban Development Authority[31] cases.
EXTENSION BY MUNDHY CASE.
So far Sri Lankan judiciary review the action by orthodox grounds and writ basis. Nonetheless this case was the starting point to incorporated the new approach. In this case review the action up held in manner of constitutional, Public Trust Doctrine and natural justice concepts.
In this case the administrative action (construction of southern express way by RDA) reviewed in accordance with Article 12(1) of the 1978 constitution.[32] Hence court ruled that if any administrative action infringed the rights which are guaranteed by constitution, such act is subjected to review. Thereby it shows that by this case judiciary started the review based on constitution.
Hence another extension has been placed over in adherence with Public Trust Doctrine.[33] This doctrine want to be scrutinized read with Article 3[34] and 4[35] of the 1978 constitution. Thus, by this doctrine people are the beneficiary, administrative bodies are the trustee and constitution is trust document. Thereby according to this case court ruled that administrative body want to perform fair and just manner towards people and when its breached such act is subjected to review.
In administrative law natural justice is well defined concept which comprises two fundamental rules of fair procedure; that the man may not be judge in his own cause and man's defense must always be fairly heard.[36] The first clear denial of the rule of natural justice occurred in Nakkuda Ali V Jayaratne.[37] Nevertheless in this case (Mundhy case) extension of review made on the basis of recognized natural justice and pronounced that when natural justice breached such act is subjected to review.
It is important to notice that in this case the right based approach was analyzed and review basis extended. It is meant that in Sri Lanka in no any provision of statutes or constitution expressly refers the right based approach. However while read with Article 140,[38] 17,[39] 126 (3)[40] and 126(4)[41] of 1978 constitution the right based approach can be gathered. The plain meaning of the right based approach indicates that review the action in line with rights. Thereby Article 140 denotes that court of appeal shall have writ jurisdiction. So writ is the general remedy cast upon the review the action. By combining Article 17 ,126(3) and 126 (4) speaks about, the supreme court has the jurisdiction to determined fundamental rights violation, upon writ sued when fundamental rights issues arise it should be hand over to Supreme Court and it should be decided in just and equitable manner. Thus upon the codification of aforesaid matter the review can be made on the right based approach. It is witnessed from Saleem Masroof J denotation[42] that the right based approach followed in several case which was established by Mundhy case. In some cases this right based approach extended with natural justice in Dissanayke V Kaleel[43] and Rajakaruna V University of Rhuna.[44]
EXTNSION BY TOBACCO CASE.
This case is the best example how far Sri Lankan judiciary extent the review the action by incorporated the international convention, applied liberal interpretation and unequivocal role by judicial activism.
Before this case the judicial review on administrative action only relied on the basis of municipal law (statutes interpretation). Petitioner of this case sought the remedy based on the ground of unreasonable and disproportionate. However Anil Gooneratne J granted the verdict by following extension on review the action that, administrative action (Regulation made by Health Minister- including 80% pictorial warning) not only review based on the statutes where it derived the power, in this occasion it should be reviewed adherence to the international covenants and instruments, applied and interpreted the statutes in liberal way (legible printing including-pictorial warning too).
Therefore it can be expressed that this case was the turning point where Sri Lankan judiciary started the journey in review the action not only line with municipal statute but also international law which is complied Article 27(15) of 1978 constitution.[45]
EXTENSION BY ENVIRONMENTAL FOUNDATION LTD V URBAN DEVELOPMENT AUTHORITY.
This is the land mark case where judicial activism interplay with judicial development each others. So far review the action has been extended. In deed this is a case where expansion of review the action up held in wider sense and judiciary move the journey with new path. Locus standi stand for who have rights to sue or vindicate before the court law. Ab initio Locus standi was extended in Sriyani Silva V Iddamalgoda OIC.[46] On the other hand in this case also expansion of Locus standi occurred on the basis of question of/sufficient interest that resulted on extension on reviewing the action. Therefore it pointed out that whoever having in the interest in case of public can file the case.[47] Thereby in this case NGO (petitioner) accepted that who had interest over the public.
Extension of the Locus standi automatically transferred to the concept called Public Interest Litigation. Hence it indicates that upon the welfare of the public when it mingled with interest, whereas it has breached or it is going to breached upon the interest of public any one can sue. Thus in this case review the administrative action admitted the public interest litigation. In Sri Lanka mostly public interest litigation filed in the name of environmental issues.[48]
In this case upon the review the action Public Trust Doctrine also played the major role. In fact by this case the expansion of locus standi interconnected the Public Trust Doctrine and Public Interest litigation. Therefore review the action stand on own leg in new dimension. In addition in this case review the action rooted in a way of constitutional review upon the restriction over relative rights under Article 14 (a) of 1978 constitution as freedom of expression. The court in this case exposed that when restriction to the relative rights placed in un reasonable and disproportionate such act is subjected to review and declare null and void.
ANOTHER EXTENSION ON JUDICIAL REVIEW ON ADMINISTRATIVE ACTION.
Legitimate expectation is another expansion on review the action. Legitimate expectation refers that a reasonable anticipation over the administrative action when such anticipation is violated (commission/omission) such action is subjected to review the action.
In early period the court not willing to recognized the legitimate expectation. It was reflected in Laub v A.G.[49] even though later on several cases legitimate expectation used as tool for review the action.[50]
On this part it can be referred that, the extension of judicial review on administrative action has been occurred is an obvious one. It worthily to codified that such expansion is taken place under the heads of Public Trust Doctrine, Constitutional, People Sovereignty, Right Based Approach and following indigenous method in Legitimate Expectation, Locus Standi And Public Interest Litigation.
UNITED KINGDOM POSITION.
In early period the judicial review on administrative action was established under orthodox grounds. However later on when United Kingdom became the member of the European union major verification was taken place in administrative law in United Kingdom. By bay of Article 41 European union Charter of fundamental rights declared that good administration is a fundamental rights[51] and when the United Kingdom accessed the European Convention on Human Rights, on this point only United Kingdom started to review the administrative action by right based approach in express way. This approach encompassed the natural justice. In Interpoc V Commission[52] the principle of good administration was established.
Nevertheless in this point correctly to refer that United Kingdom extended the review the action in wider sense in heads of orthodox grounds, Public Trust Doctrine, Pubic Interest Litigation, Locus Standi, Legitimate Expectation and Right Based Approach. By contrast in United Kingdom there is stopping point that upon the judicial review on administrative action the judiciary exercise the review on the consideration and within the ambit of supremacy of parliament.
AUSTRALIAN POSITION.
The establishment of Administrative Appeals Tribunal Act[53] confer the power to review to tribunals. The Administrative Decisions (Judicial Review) Act[54] extends the scope of judicial review to investigate functions and other conduct engaged in for the purpose of a making decision and codifies the grounds of judicial review. Such grounds are administrative improper exercise of power,[55] relevant and irrelevant consideration,[56] ulterior purpose,[57] inflexible policy,[58] unreasonableness,[59] un certainty,[60] natural justice,[61] no evidence ground,[62]and fraud.[63]
FRANCE POSITION.
The French may claim credit for evolving the machinery capable of implementing it in modern conditions in review the action.[64] Its briefly stated that in France the jurisdiction to review is empowered to the administrative court and exercised the power in aid of persons whose interests are going to violated or whose rights have been violated.[65]
According to the application on judicial review on administrative action in Sri Lanka its figure out that expansion of this application can not be keep in sustainable one. The main factors are identified as the lacking character on rule of law and inconsistence of judicial precedent. Under these factors the following can be considered.
RULE OF LAW.
Constitutionalism is the one of the pillar for rule of law. However Sri Lankan constitution having many defect in itself. Fundamental rights is the one of the basic elements of constitution. In Sri Lanka the fundamental rights are not comprises more rights compare to another nations and the rights which are guaranteed by constitution mostly being the relative rights. Thereby it can be restricted. In this sense the Sri Lankan review system known as constitutional review system. Therefore when the judiciary started to review the action based on rights it faces difficulties on wider sense its applications. Because the review the action based on rights restricted within the four corners of constitution.
Besides the success point on the constitutionalism that substantial mater should be refer in express way. Thus judicial review in administrative action is a important element. But in Sri Lanka this element not refer in express way. Therefore it can be construed only from Article 140,[66]154(p),[67]17,[68]126(3)[69] and 126 (4)[70] that the judiciary has the power to review and that on basis of right based approach, therefore writ and fundamental rights are basic criteria for the judicial review and respectively these jurisdiction hand over to court of appeal(writ-island wide) provincial high court(writ-within its province) and supreme court(fundamental rights). In this mater there is the chance can arise to reluctant to follow the right based approach because it is not refer in express manner.
On the other hand the another defect in this review on the basis of people sovereignty is arisen from lacking character of separation of power. In Sri Lanka the sovereignty is in the hands of the people[71] and it can be exercised by the government bodies.[72] Thereby it shows about separation of power. However in Sri Lanka it is well experienced that in practice most occurrences the executive body interfere into another bodies. Therefore it on the face of record affects the separation of power then it resulted as struggle point on review the action on the basis of people sovereignty.
The another de merit arises from the defect on independence of judiciary in Sri Lanka. It is evident from the history that the independence of judiciary always undermined by the executive and legislative action and political influence. For this the best example that the removal of the former Chief Justice Shirani Bandarnayake.[73] Hence the another challenging matter on review the action is exclusion clause or immunity clause.[74] So in this movement the judiciary can not review the action.[75]
It is interesting to noted that hand over the fundamental rights and writ jurisdiction in separate sectors also found as barriers on review the action. Generally writ and fundamental rights jurisdiction respectively empowered to court of appeal and Supreme Court.[76] In two circumstances the Supreme Court shall exercise the court of appeal jurisdiction under Article 126(3) and first Amendment to the 1978 constitution.[77] According to first amendment speaks about parliament by law shall transferred jurisdiction of court of appeal to Supreme Court. Though indeed it impossible that in all circumstances the parliament shall hand over the court of appeal jurisdiction to Supreme Court.
Having remind the aforesaid matters, it can be stated that in Sri Lanka one person can not obtain remedy as writ and redress for violation of fundamental rights in spontaneously. Thus he want to get both two remedy he want to files separate case in separate court. Thereby this defect produces the expansive on money consideration, consuming time and delay for verdict.
The another struggle point in judicial review of administrative action is there is no wider power with regard redress. Neither supreme court or court of appeal have the power to issue the mandate ,order rather than issuing writ and redress for violation for fundamental rights towards administrative bodies. But in this aspect Indian Supreme Court has the power to issuing writ, order, direction, and redress for fundamental rights.[78]
IN CONSISTENT JUDICIAL PRECEDENT.
Judicial precedent is the one of the mechanism where the judicial review of administrative action can be kept in survive and produce the just and fair manner. When the judicial precedent started to contradict within itself its mean not constant uphold of judicial pronouncement, in this occasion that defect ultimately affect the judicial review of administrative action. There have been number of occasion witnessed that Sri Lankan judiciary awarded in consistent of judicial precedent. Example for this one is in Bandarnayake v de silva Alwis and others[79] the court recognized the locus standi and ruled that court can admit the sue in the name of public interest which is filed by any citizen. Even though in Duraiyappa v fernado the locus standi was restricted.
Upon this above analysis it can be concluded that in early period the Sri Lankan judiciary followed orthodox grounds as restricted parameters in judicial review on administrative action. Nonetheless later by way of judicial activism and judicial development the expansion has been taken placed in the heads of Public Trust Doctrine, Constitutional, People Sovereignty, Locus Standi, Public Interest Litigation and Legitimate Expectation.
Therefore nowadays Sri Lankan judiciary move on the track on its own legs and it passionate in new dimension. Namely Sri Lanka has unique approach on Legitimate Expectation, Public Interest Litigation and Public Trust Doctrine[80]. Hence Sri Lankan approach called as "free judicial review on administrative action." Because unlike United Kingdom, Sri Lanka not bound to consider the supremacy parliament upon it's review. On the other hand Sri Lankan judicial review on administrative action still not attained the absolute substance due to defect cast on rule of law and in consistence of the judicial pronouncement.
Thus upon this matter it can be recommended that enhance the rule of law, follow the judicial precedent, refer the right based approach in express manner, added the good administration principle as rights as like United Kingdom, combine both writ, fundamental rights and hand over that jurisdiction to one judicial body and extended the jurisdiction to issue the mandate and order towards administrative bodies.
W .R WADE AND C.F.F . FORSYTH -ADMINISTRATIVE LAW-TENTH EDITION .OXFORD UNIVERSITY PRESS.
L. PEIRIS- ESSAYS ON ADMINISTRATIVE LAW IN SRI LANKA-SECOND EDITION-STAMFORD LAKE PUBLICATION.
JOHN ALDER-PALGRAVE MACMILLAN LAW MASTERS CONSTITUTIONAL AND ADMINISTRATIVE LAW-SEVENTH EDITION.
L . PEIRIS- RECENT DEVELOPMENT IN ADMINISTRATIVE LAW-FIRST EDITION SARVODAYA BOOK PUBLISHING SERVICES.
RADHANT NAYAK-ADMINISTRATIVE JUSTICE IN INDIA-FIRST EDITION-SAGE PUBLICATION.
THE CONSTITUTION OF THE DEMOCRATIC SOCIALISTIC REPUBLIC OF SRI LANKA
[1] Article 3 of the 1978 constitution – In the Republic of Sri Lanka sovereignty is in the people and is alienable. Sovereignty includes the powers of government, fundamental rights and the franchise.
[2] Article 4 of the 1978 constitution – the sovereignty of the people shall be exercised and enjoyed in the following manner
The legislative power of the people shall be exercised by parliament, consisting of elected of representatives of the people and by the people at a Referendum.
The executive power of the People, including the defense of Sri Lanka, shall be exercised by the President of Republic elected by the people.
The judicial power of the people shall be exercised by parliament through courts, tribunals and institution created and established by law except in regard to matters relating to the privileges, immunities and powers of parliament and of it members , where in the judicial power of people may be exercised directly by Parliament according to law.
[3] H.W.R Wade and Forsyth, Administrative Law, (10th ed) Oxford University Press.
[4] A.V Diecy in 'The Law of The Constitution'.
[5]Per Lord Hoffmann in R(Alconbury Developments Ltd) v Secretary of state for the Environment, Transport and the Regions(2001)2 All ER 929,981
[6] John alder,Palgrave macmillan law masters- constitutional and administrative law,7th ed palgrave macmillan press.p-309
[7] Article 82 of the Ceylon Charter.
[8] Article 140 of the 1978 constitution-. Subject to the provisions of the Constitution, the Court of Appeal shall have full power and authority to inspect and examine the records of any Court of First Instance or tribunal or other institution and grant and issue, according to law, orders in the nature of writs of certiorari, prohibition, procedendo, mandamus and quo warranto against the judge of any Court of First Instance or tribunal or other institution or any other person :
[9] Article 154 (p) (4)- Every such High Court shall have jurisdiction to issue, according to law – (a) orders in the nature of habeas corpus, in respect of persons illegally detained within the Province ; and (b) order in the nature of writs of certiorari, prohibition, procedendo, mandamus and quo warranto against any person exercising, within the Province, any power under – (i) any law ; or (ii) any statutes made by the Provincial Council established for that Province, in respect of any matter set out in the Provincial Council List.
[10] Article 126(1) of 1978 constitution-The Supreme Court shall have sole and exclusive jurisdiction to hear and determine any question relating to the infringement or imminent infringement by executive or administrative action of any fundamental right or language right declared and recognized by Chapter III or Chapter IV
[11] Abdul Thasim v Edmord Rodigro-(1947) 48 NLR 121.
[12] Lord Diplocks Formal statement on Judicial Review- Lord Hoffman said in lecture-(1997) 32 Ir. Jur .49 at 53
[13]UAT Udayanganie, Article on Ensuring Good Administration through the development of judicial review in Sri Lanka p-183 para 3
[14] H.W.R Wade and C.F Forsyth ,Administrative Law ,10 Edition (Oxford University Press-2009), p.30
[15] Chamila Thalagala, The Doctrine of Ultra Vires and Judicial Review of Administrative Action, Bar Association Journal of Sri Lanka, Vol. XVII, 2011
[16]Kotakadeniya V Kodituwakku 2000(2) SLR 175, Walter Leo v The Land Commissioner (1955) 57 NLR 178
[17] Associated Provincial Picture Houses Ltd. v Wednesbury Corporation[1948] 1 KB 223
[18] H.A Barnett and M. Diamantides, Public Law Study Guide,(London: University Of London Press-2004 ),p.227
[19] R. Thomas, Legitimate Expectation and Proportionality, (Oxford: Hart publishing- 2000), p.77
[20] S.C.F.R. Application No.47/2004
[21] Premarathne V UGC (1993)3 SLR 395, Caldera V University of Peradeniya (C.A Writ No. 572/2004), Niedra Fernado V Ceylon Tourist Board and Others (2002)2 SLR 69
[22] Lord Diplock in R V Goldsimith (1983) 1 WLR 151 at 155
[23] Council of Civil Service Unions v Minister for the Civil Service [1983] UKHL 6
[24] Padfiled V Minister of Agriculture , Fisheries and food (1986) QB 716
[25] Christopher Forsyth, Judicial Review and the constitution , (Hart Publishing-2000), p. 287
[26]per Lord Scarman –in R V Secretary of State for the Environment, ex.p .Nottinghamshire Country Council-(1986)A.C.240.
[27] UAT Udayanganie, Article on Ensuring Good Administration through the development of judicial review in Sri Lanka p-185 para 5
[28] Ibid p-183 para 4
[29] SC Appeal 58/2003, CA Application 688/2002
[30] C.A 336/ 2012 (writ)
[31] Supra note 20
[32] Article 12 (1) of 1978 of constitution- All persons are equal before the law and are entitled to the equal protection of the law
[33] Per Weeramantry j in Hungary V Slovokia- ICJ GL 92 (1997)
[34] Supra note 3
[36] Marshal , Natural Justice; Jackson, Natural Justice (2nd edition); Flick Natural Justice(2nd edition)
[37] (1951) AC 66
[39] Article 17 of the 1978 constitution- Every person shall be entitled to apply to the Supreme Court, as provided by Article 126, in respect of the infringement or imminent infringement, by executive or administrative action, of a fundamental right to which I such person is entitled under the provisions of this Chapter.
[40] Article 126 (3) of the constitution- Where in the course of hearing in the Court of Appeal into an application for orders in the nature of a writ of habeas corpus, certiorari, prohibition, procedendo, mandamus or quo warranto, it appears to such Court that there is prima facie evidence of an infringement or imminent infringement of the provisions of Chapter III or Chapter IV by a party to such application, such Court shall forthwith refer such matter for determination by the Supreme Court.
[41] Article 126(4) of the constitution- The Supreme Court shall have power to grant such relief or make such directions as it may deem just and equitable in the circumstance in respect of any petition or reference referred to in paragraphs (2) and (3) of this Article or refer the matter back to the Court of Appeal if in its opinion there is no infringement of a fundament right or language right.
[42] Hon. Justice Saleem Marsoof, "The Spanding Canvas of Judicial Review", The Bar Association Law Journal,(Bar Association of Sri Lanka-2005),Vol.XI,p.18
[43] (1993), 2 SLR 135
[44] Court of Appeal Minutes of 19th July 2004
[45]Article 27 (15) of 1978 constitution- The State shall promote international peace, security and co-operation, and the establishment of a just and equitable international economic and social order, and shall endeavour to foster respect for international law and treaty obligations in dealings among nations.
[46] SC No 471/2000 (FR)
[47] Premadasa V Wijewardana and Others- (1991)1 SLR 333
[48] Vasudeva Nanayakkara V N.K Choksy and 30 Others-(SC. [FR] 209/2007, Supreme Court Minutes 21st July 2008), Sugathpala Mendis and Others V Kumaratunge and Others –(SC. [FR] 352/2007, Supreme Court Minutes 8th October 2008), Bulankulama V Secretary, Minister of Industrial Devolpment-([2000] 3 SLR 243)
[49] (1995) 2 SLR 88
[50] Gunawardana V Perera – (1997) 2 SLR 222, Mervil V De silva – (2001) 2 SLR 11, Wickkramarathne V Jayrathne- (2001) 3 SLR 161, Danapala V Dissnayake-( 1997) 1 SLR 400 Sannasgala V The University of Kelaniya and Members of The University Senate- (1991) 2 SLR 193, and Naglingam V University of Jaffna and others-(C.A Writ Application No.515 /2008
[51] MarrgetValaKiristjansottir, "Good Administration as a Fundamental Right", Icelandic Review of Politics and Administration Vol.9 Issue 1, 2013, p.237-255
[52] (2003) ECR I- 2125
[53] 91 of 1975 (Cwth).
[55] The Administrative Decisions (Judicial Review) Act 59 of 1977, s 5(1) (e)
[56] Ibid,s 5(2) (b)
[57] Ibid, s 5(2) (c)
[58] Ibid, s 5 (2) (f)
[59] Ibid, s 5 (2) (g)
[60] Ibid, s 5(2) (h)
[61] Ibid, s 5(1) (a)
[62] Ibid, s 5 (1) (h)
[64] N. Ghosh, comparative Administrative Law (Calcutta,1918) p.641-42(Tagroe Law Lectures)
[65] Radhakant Nayak-Administrative Justice in india,p-30
[73] http:// groundviews.org/2013/01/10/a-legal-primer-the-impeachment-of-the-chief-justice-in-Sri-Lanka/
[74] Article 35 (1) of 1978 0f constitution-While any person holds office as President, no proceedings shall he instituted or continued against him in any court or tribunal in respect of anything done or omitted to be done by him either in his official or private capacity.
[75] Senarath V Chandrika Bandarnayake Kumaratunga, SCFR 503/2005.
[76] Supra note 8 and 10
[77] Supra note 40 and First Amendment to the 1978 constitution- Article 140 of the Constitution of the Democratic Socialist of Sri Lanka is hereby amended by the insertion immediately at the end of that Article of the following proviso:-
"Provided that Parliament may by law provide that in any such category of cases as may be specified in such law, the jurisdiction conferred on the Court of Appeal by the preceding provisions of this Article shall be exercised by the Supreme Court and not by the Court of Appeal"
[78] Article 32 (2) of the Indian constitution-(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part
[79] 69 NLR 265
[80] UAT Udayanganie, Article on Ensuring Good Administration through the development of judicial review in Sri Lanka p-186 para 5.


This is a Request for Information regarding metal dorm furnature. Such products listed are: - Metal Wall Lockers - Metal Chairs - Metal Bed Frames Please see attached specification documents for more details. NOTE: THIS NOTICE WAS NOT POSTED TO FEDBIZOPPS ON THE DATE INDICATED IN THE NOTICE ITSELF (12-DEC-2018); HOWEVER, IT DID APPEAR IN THE FEDBIZOPPS FTP FEED ON THIS DATE. PLEASE CONTACT 877-472-3779 or fbo.support@gsa.gov REGARDING THIS ISSUE.


INTRO: There is little doubt that life contains many choices. There is little doubt that life has many difficulties. There is little doubt that the choices we make with difficulties can either make or break the quality of our life!
The problem with most people, including Christians, is NOT the problems themselves but the choices we make when we face them. We need to decide early on that if we are going to live for Christ we are truly SOLD OUT to do so or we will find ourselves SELLING OUT due to lack of commitment when the problems hit.
Good preparation before problems help prevent procrastination and pain on making good choices when the problems hit!
PROP. SENT: The Bible teaches us that short sighted choices we may make to satisfy a momentary material need can have life long spiritual consequences that not even forgiveness can alter later.
1. Like his own father and mother, Isaac and his wife Rebekah were childless, Rebekah was barren.
a. Like his father Abraham, Isaac truly loved his wife and facing such difficulties he does the right thing, he prays on behalf of his wife.
b. There is nothing better we can do when facing difficulties than praying, it moves our focus off the problem and onto God.
2. The only right way for Isaac and Rebekah was God's way, they knew where to turn when they faced this challenge.
3. It is so important in difficult circumstances to have a proper focus, it will affect the choices we make.
a. If our focus is wrong, there is a good chance our choices will be also!
b. As a relatively young man Isaac had learned from his father Abraham to keep his focus on God and not on the problem.
4. God's reward for Isaac and Rebekah for a proper focus is an answer to their prayer…she becomes pregnant not with just one child, but with two – considered by ancient Hebrews as a great blessing!
1. Even answered prayers don't remove the possibilities of new problems!
a. In fact, they sometimes create a new set of problems!
b. When Lazarus was raised from the dead, a great miracle, immediately the Jewish authorities sought to kill him! – boy, talk about new problems!
2. Rebekah took note that these two boys in her womb were already jostling with each other, what does this mean?
a. She went to the Lord because she recognized that this was a potential problem.
b. She may have been confused by the fact that God blesses her with twins, but only to discover that instead of ending all her problems new ones seem to be forming!
c. How many times have we reacted this same way to God, as soon as a prayer request gets answered and we think there will be smooth sailing another problem reveals itself related to the blessing of the answered prayer!
3. Life is a string of facing difficulties, and how we tackle each one determines the quality of our life.
4. An answered prayer no matter how great does not negate future problems!
Even great blessings can become great challenges!
5. At such times we must choose in EACH SITUATION which way to go!
ILLUS: It is this way. The Lord, he is always voting for a man; and the devil, he is always voting against him. Then the man himself votes and that breaks the tie. -Edythe Draper, Draper's Book of Quotations for the Christian World (Wheaton: Tyndale House Publishers, Inc., 1992). Entries 1143-1146.
1. It is very obvious early on here that Easu and Jacob were both very different boys.
a. Esau was an outdoorsman type while Jacob was a domestic kid.
b. Unfortunately the father Isaac made a clear favorite out of Esau because he loved wild meat while Rebekah clearly favored Jacob.
2. Instead of the parents working together to help both boys appreciate each other they actually helped keep the tension between them alive.
3. As Isaac got older his stomach began to rule his desires, so much so that at the end of his life his last desires were not so much spiritual in nature as they were physical…he wanted a bowl of his favorite meat from his favorite son.
a. This pitfall in his life is seen in his favored son Esau also.
b. Esau learned well from his dad, his stomach will rule his life also.
c. How important it is that we show our young people what to value.
Jonathan Edwards lived in the same state, at the same time as Jukes. He loved the Lord and saw that his children were in church every Sunday, as he served the Lord to the best of his ability. He has had 929 descendants, and of these 430 were ministers; 86 became university professors; 13 became university presidents; 75 authored good books; 7 were elected to the United States Congress. One was vice president of his nation. His family never cost the state one cent but has contributed immeasurably to the life of plenty in this land today. --James S. Hewett, Illustrations Unlimited (Wheaton: Tyndale House Publishers, Inc, 1988) p. 195.
4. Rebekah had learned to get what she wanted through deception, and Jacob learned this skill well also.
a. Rebekah was willing to deceive her own husband to get what she wanted.
b. Though she desired the right things, she often went about getting them in the wrong way, something Jacob learned well from her.
5. It is NOT enough to desire the right things in life if we seek to gain them in the wrong way, the example of our lives is so important in shaping the next generation.
1. This next part of the story reveals the learned priorities of Jacob and Esau from the respective parents who favored them.
a. Esau comes back from the hunt, and he is hungry, all he wants is immediate satisfaction of his stomach.
b. Jacob sees an opportunity to secure a spiritual blessings, but does it in the wrong way, by taking advantage of his brother's weakness.
2. All Esau can see is his immediate need of satisfaction, nothing else matters.
a. This is a sure formula for failure in life.
b. When passions rule our life instead of priorities we become prisoners to those passions.
c. Esau only saw what he didn't have that he immediately wanted … no sense of value on what he is willing to give up to satisfy an immediate craving.
3. Jacob too feels he is slighted and sees his brother's weakness as a way to get what he wants too!
4. It is sad when people always feel like everyone else has what they want! Tragically, neither one will be happy with the price-tag.
ILLUS: The cards are ill shuffled till I have a good hand. -- Jonathan Swift -- As quoted in Bob Phillips, Phillips' Book of Great Thoughts & Funny Sayings, (Wheaton, IL: Tyndale House Publishers, Inc, 1993), p. 59.
5. All sense of priorities were gone in order to satisfy his immediate need.
a. This is how much of western civilization lives today.
b. Our education system stresses the learning of information over the wisdom to know what's important.
ILLUS: It is not the IQ but the I WILL that is important in education. -- Vern McLellan, The Complete Book of Practical Proverbs and Wacky Wit (Wheaton: Tyndale House Publishers, Inc., 1996).
6. Esau's priorities were misplaced, and though Jacob's was correct he goes about getting the right thing in the wrong way … they both will pay the price-tag for their sin.
a. It is so tragic that Esau could be so short-sighted as to give away the birthright of the first born son just to get something at the moment that he wanted.
b. How many of us live this way before our children, do they see us postpone gratification to do the right things?
c. You can hardly teach your kids the importance of Church if you skip it to go to the model car show or fishing on the lake! How can you tell your children God is more important than material things if you don't tithe yourself? Remember, Esau and Jacob both reflected the values of their parents who favored them, what are you teaching your children?
a. Good news: There can be forgiveness for those mistakes we make.
b. Bad news: The consequences may continue throughout our lifetime.
2. The Hebrew writer here instructs us to avoid being "godless" like Esau who for a moment of pleasure sold off his birthright…and then later when he decided it was after all important and he wanted it back could not get it back EVEN WITH TEARS!
a. If only people would realize this about sin and godless choices we may make.
b. Yes, God can and will forgive our mistakes, but we may learn to live with the results of our choices for years or even a lifetime.
3. We must be careful not to comfort our bad choices by the fact that others have made the same bad choice too…that doesn't always mean we escape pain.
ILLUS: Hurrying my 11-year-old daughter to school, I turned right on red where it was prohibited. "Uh, oh," I said, realizing my mistake. "I just made an illegal turn."
"It's all right," my daughter said. "The police car behind us did the same thing." -- Jack Eppolito, Tulsa, Oklahoma. Christian Reader, "Lite Fare."
4. Both Esau and Jacob paid dearly for their choices, and so did their family.
a. Yet in spite of this they both did find forgiveness also, and even blessing.
b. How different though the quality of their lives may have been had they done things God's ways instead of their own.
5. So often we want to find someone or something else to blame the pain on, but the truth is that we are often the ones responsible for the quality of our lives.
ILLUS: As a rule, you will find that those who complain about the way the ball bounces are usually the ones who dropped it. -- Croft M. Pentz, The Complete Book of Zingers (Wheaton: Tyndale House Publishers, Inc., 1990).
6. Why not spend your life making good bargains instead of bad ones, it is better to sell out to God than to be sold out to the world.
CONCLUSION: Life if full of choices and choosing is driven by needs. What we define as our most important needs will define what we consider our most important choices should be. For this reason we need to decide what we are sold out to! Actually, our choices will reflect our passions. Our choices can bring great joys or sorrows, some things cannot later be undone, so we need to choose wisely.


text:
Home AMAM Bulletin--OBE page 6
Save page Remove page Previous 8 of 94 Next
we offer as tools for teaching and studv in the held of art history. These
works of art, while a part of the Kress National Art Project, will be
labeled in each case, "Kress Studv Collection," to distinguish them
from those contained in the first two categories mentioned above. This
study group is made up of a wide variety of authentic paintings, mostly
of the Renaissance period, the majority of them in excellent condition
and with fine frames of the period. We hope that these paintings will
serve as a basis for bringing reality and beautv to manv thousands of
voung men and women, who are studying art and its history, and who
otherwise might not have an opportunity to see and studv such objects
at close range and at their leisure.
The dispersal of the Collection is geographically extremely widespread and with the distribution of the Studv Collection it reaches
areas in which hitherto there had been no Kress paintings. It is with a
great deal of pleasure that we present this gift to Oberlin College.
These ten paintings will be our onlv representation in the State of Ohio
and we are gratified to have them in so distinguished an institution
with such a fine reputation in the fields of art and music.
Guv Emerson
Samuel H. Kress Foundation
Contributors Emerson, Guy
Parkhurst, Charles
Schauffler, Margaret Reynolds, 1896-1994
Whiteside, Forbes J., 1918-
Contents Foreword; The Samuel H. Kress Study Collection; Catalogue; Three Young Americans; Notes; Catalogue of Recent Additions; Calendar; Friends of the Museum
Artists Anguissola, Sofonisba (Italian, ca. 1532-1625)
Bazzani, Giuseppe (Italian, 1690-1769)
Boccati, Giovanni di Piermatteo da Camerino (Italian, approximately 1420-approximately 1480)
Chamberlain, John (American, 1927-2011)
Cristoforo, Scacco (Italian, active 1493-1500)
Doyle, Thomas J. (American, 1928-)
Giolfino, Niccolò (Italian, 1476-1555)
Mola, Pier Francesco (Italian, 1612-1666)
Neri di Bicci (Italian, 1419-1491)
Rizzoli, Giovanni Pietro (Giampietrino) (Italian, active ca. 1495-1540)
Wines, James (American, 1932-)
List of Illustrations Neri di Bicci. Five Saints. Oberlin; Five Saints (detail). Oberlin; Neri di Bicci. Five Saints. Florence, Academia; Neri di Bicci (detail). Oberlin; Neri di Bicci (detail). Oberlin; Giovanni Boccati. St. John the Baptist and St. Sebastian. Oberlin; Giovanni Boccati. St. John the Baptist and St. Sebastian. Detail; Giovanni Boccati. Madonna with Angels. Ajaccio, Fesch Museum; Giovanni Boccati. Two Saints. Rome, Vatican; Giovanni Boccati. Two Saints. Rome, Vatican; Cristoforo, Scacco. Madonna del Suffragio. Oberlin; Cristoforo, Scacco. Madonna del Suffragio detail; Cristoforo, Scacco. Madonna del Suffragio detail; Giampietrino. Cleopatra. Oberlin; Giampietrino (detail). Paris, Louvre; Giampietrino, Cleopatra. (detail). Oberlin; Giampietrino. Cleopatra. Paris, Louvre; Niccolo Giolfino. Lucretia. Oberlin; Veronese Master, 1581. A Visison of the Holy Family near Verona; Veronese Master, 1581. A Visison of the Holy Family near Verona (detail); Veronese Master, 1581. A Visison of the Holy Family near Verona (detail) Oberlin; Sofonisba Anguissola. Double Portrait of a Boy and Girl of the Atlavanti Family. Oberlin; Sofonisba Anguissola. Double Portrait of a Boy and Girl of the Atlavanti Family (detail); Sofonisba Anguissola. Double Portrait of a Boy and Girl of the Atlavanti Family (detail); Pier Francesco Mola. Mercury Putting Argus to Sleep (detail). Oberlin; Pier Francesco Mola. Mercury Putting Argus to Sleep (detail). Oberlin; Giuseppe Bazzani. Allegory of Peace (?). Oberlin; Giuseppe Bazzani. Allegory of Peace (detail). Oberlin; Giuseppe Bazzani. (La Luce. Amherst College); Giuseppe Bazzani. (Il Buon Governo. Bowdoin College); Giuseppe Bazzani. (La Forza. Howard University; Venetian, ca. 1780.Landscape (Capriccio); Venetian, ca. 1780. Landscape with a Ruined Arch. New York, Kress Collection; Venetian, ca. 1780 Landscape (Capriccio) (detail) Oberlin; John Chamberlain. Jo-so. New York, Martha Jackson Gallery; Tom Doyle. Shiloh. New York, Allan Stone Gallery; James Wines. Manes-Stone. New York, Otto Gerson Gallery; Chinese, Buddha
Month/Season Fall
Transcript we offer as tools for teaching and studv in the held of art history. These works of art, while a part of the Kress National Art Project, will be labeled in each case, "Kress Studv Collection," to distinguish them from those contained in the first two categories mentioned above. This study group is made up of a wide variety of authentic paintings, mostly of the Renaissance period, the majority of them in excellent condition and with fine frames of the period. We hope that these paintings will serve as a basis for bringing reality and beautv to manv thousands of voung men and women, who are studying art and its history, and who otherwise might not have an opportunity to see and studv such objects at close range and at their leisure. The dispersal of the Collection is geographically extremely widespread and with the distribution of the Studv Collection it reaches areas in which hitherto there had been no Kress paintings. It is with a great deal of pleasure that we present this gift to Oberlin College. These ten paintings will be our onlv representation in the State of Ohio and we are gratified to have them in so distinguished an institution with such a fine reputation in the fields of art and music. Guv Emerson Art Director Samuel H. Kress Foundation
The Samuel H. Kress Study...
[not paged]
Neri di Bicci: A Correction
Neri di Bicci
Giovanni Boccati
Cristoforo Scacco
Giampietrino
Niccolo Giolfino
Veronese Master, 1581
Sofonisba Anguissola (Anguisciola)
Pier Francesco Mola
Giuseppe Bazzani
Venetian, ca. 1780
Three Young Americans
Loans to Museums and Institutions
Catalogue of Recent Additions
Museum Calendar, Fall-Winter,...
The Samuel H. Kress Study Collection
Museum Calendar, Fall-Winter, 1961-1962

redpajama_set_name: RedPajamaCommonCrawl


text:
Berlin: truck driver runs over a person for the second time, a young woman dies – and he only has to pay 1000 euros
There are two things that repeat themselves in the case of Cindy Bohnwagner.
07 December 2022 Wednesday 09:56
There are two things that repeat themselves in the case of Cindy Bohnwagner. The first is the intersection in Berlin in Prenzlauer Berg: Bohnwagner drives there when she is cycling to work. She works as a nurse and wanted to go to the Charité. Then the truck comes, runs her over, and she dies two weeks later as a result. She is not the only fatality at this intersection, not even this year. Another two people will die there in the course of 2021.
The second thing that repeats itself: André F, the driver behind the wheel of the truck, has run over a person before. He has only had his driver's license since 2017, two years later he causes the first serious accident with his truck, a man has to be put into a coma with serious injuries.
Another two years later he runs over Cindy Bohnwagner, an avoidable accident: According to "Tagesspiegel" his truck is equipped with all kinds of digital helpers to support and warn him. An expert says: One look in the 360-degree camera or in the mirror and he should have seen Bohnwagner. André F. ignores the little helpers and he also ignores the StVO, which states: Vehicles with more than 3.5 tons may only turn at walking speed in built-up areas. When he catches Bohnwagner, his truck is traveling at around 22 kilometers per hour.
The penalty for causing the accident twice is low: Eight months on probation for negligent homicide, André F. also has to pay a fine of 1,000 euros to Kindernothilfe and can pay off the fine in monthly payments.
Nevertheless, he has lost his job: after the accident in 2019, he wanted to stop driving a truck, but then continued to drive at the request of his colleagues. After the second accident, he asked his boss for retraining.
Sources:stern.de (€), "Tagesspiegel (€)"
1 Crisis in the national team: Hansi Flick remains national... 2 Altintop is to be promoted at FC Bayern 3 After "Grey's Anatomy" farewell: Ellen... 4 Award Season: 92 countries in the running for the... 5 Stock exchange in Frankfurt: Weak trend on the stock... 6 Government: Power struggle in Peru: President Castillo... 7 Pandemic Control: Good-bye Zero-Covid? China's... 8 Musicians: Difficult times for Rod Stewart: his son... 9 Government: Power struggle in Peru: President Castillo... 10 Wildlife: Previously unknown shark species discovered...
Archaeology: Saxony-Anhalt: 4800 year old grave found near Halberstadt
Mexico: Director is said to have ordered the slaughter of four zoo goats for a party
"Everything that counts": Jasmine Minz returns after a baby break
Foreign trade: High prices drive German exports to...
Rising interest rates: Central bank horrendous losses:...
Crisis in the national team: Hansi Flick remains national...


To read the original post, please click on the date stamp or '…more words'.
I suppose you've already had your own fun experiences with the new WP reader. Clicking onto the post title opens a silly uniform window, from which you can then go to the original post if you haven't lost interest in the meantime. Maximum user friendliness, or is it? Anyway, if you haven't read this elsewhere, there is a way to work around that now. After the word count is back, you can click either there or onto the date stamp (clock symbol) in the lower left which will lead you directly to the post.
Also, my stats have gone down the drain since then. I'm hardly getting any visitors at all on most of my blogs since the change. There are more clicks from the WP search engine that scans my blogs for an update of the 'My Blogs' page than actual visitors. There were some clicks on this blog, so although this post isn't what I write about usually around here, the might be a slight chance that someone might read it.
I suggest to all of you who also dislike the new reader, or if the reader doesn't work or seems bugged on your mobile equipment to complain at the 'Forums' page. There's a sticky post right on top called 'Reader changes'. (Go to your 'Stats' or 'My Blogs' page and scroll down to the bottom, it's in the 'Community' column.) The more the better.
It seems a lot of people are now switching over to Bloglovin to use as an alternative for the WP reader. I've learned it also shows the entries that are slipping through the meshes of the WP reader's net. As I haven't taken a look into this yet, I cannot personally recommend this, but it might be worth giving it a try.
One more thing to take care about: There were some rumors in the forums that the 'links' widget is going to disappear which has obviously already been tested as some people complained about it. As collecting all those links has been some work for most of us, I can only recommend that you already take care to save them somewhere else, may be on a links page. I'm working on mine already (currently set to 'private').
The Ten Stitch Blanket I started had to be frogged. For some reason I kept losing more and more rows so that the blanket began to look more like a funnel. I couldn't find the reason, maybe I skipped a row or another at some point. Instead of knitting around the corner, I'm now knitting straight strips. This seems to work, as pictured above.
Testing the Ten Stitch Zigzag only worked with the first strip. After I began joining the second strip the look was less pleasant, to say the least. I didn't take a picture as it was too frustrating and frogged that too. I'm now testing a straight Twenty Stitch, maybe I'll try different numbers of stitches in the next rows (five or ten).


It's two day before Thing1's graduation. I'm on hold with the pharmacy for the third time this week trying to find out what's happened with the most expensive of his five prescriptions. The insurance company won't approve an increased dosage.
I'm scrolling through Facebook while I wait, stopping to like a friend's post about a daughter's scholarships or add a frowny-face to a post about a shelter dog on 'death row'. I'm thinking about Plan B and C, including a three hour drive to Montreal to buy the temperature-controlled drug there.
The hold music is still playing as I pause at a picture of a crying toddler. I click on it and open the article.
The boy in the article has been recently separated from his immigrant mother. The article doesn't mention if they entered the US illegally or were seeking asylum, only that he is traumatized and that his mother is now incarcerated several states away. I break a strict self-imposed rule and scroll to the comments below the article. There is outrage at the child's situation. There is also indifference and even smug vitriol cast at the mother and, by extension at the child on whom our government is visiting this psychological trauma, for his mother's 'sin', a misdemeanor at worst, of crossing the border.
The pharmacy customer service rep returns and pulls me back to my current battle, which suddenly seems almost insignificant. I harden my heart and head and click the back button, for now forgetting the child and the hundreds like him.
I want to ask her if she worries about job security if medical marijuana – a derivative of which we are on now wholly dependent to stop my firstborn's internal bleeding – ever gains real traction. Instead I thank her for nothing, knowing I'm being rude for no good reason and with no expectation of an improved result. I call the hospital as soon as I hang up.
The nurses – there's a special place in heaven for them – are already faxing and calling and liasoning between the doctors and the 'experts' at the insurance company (there's a special place for them too). The nurses inform me that the insurance company's chief pharmacist denied the new dose again, and they are appealing the denial a second time.
By Friday afternoon, company is due to arrive for Thing1's graduation. I finish most of the cleaning and sit down to call the hospital before the weekend starts. I sit on hold, thumbing through the Facebook feed on my phone again, smiling in spite of my frustration. Images of kids smiling at parties and beaming parents flood my feed. I know they have their worries too, but, for a moment, I feel like I'm looking through a window at another world.
Stories of children being separated from parents also appear. I don't click on the articles; I've just heard their stories on the radio. A father, separated from his young son, has killed himself. Mothers in detention are being told they may never see their children again. Today, knowing I can do nothing, I choose to be blind.
The nurse picks up and tells me the insurance company is still stalling. My son is now over a week behind on the main medication he needs to know will work before he makes too many plans for fall.
Saturday I tune out, focusing only on our small family celebration. At noon, our firstborn, my baby crosses the great divide from high school to a world that expects something of him. It is a huge step, and I constantly think how fortunate we are to have been able to travel toward and cross over that divide with him. Now, increasingly, he will travel independently.
Once, I thought this part of the journey would be like ripping a band-aid off of an unshaved leg.
Before Thing1 was born, I did not want kids. I was a wretched sinner. I had fornicated. I had lied — to people I hated, people I loved, to myself constantly. I had been guilty of almost every deadly sin. I was selfish. I was the worst candidate for a potential parent.
Somehow the miracle of my son happened. It would trite to say that he saved me, and he didn't. He instead brought out a best part of me that I didn't know existed so that I could be there to save him if the need ever arose.
When he was first born, in my dreams, the need always arose. Shortly before I went back to work my dreams became colorful scenarios of someone pointing to my past sins. A judgmental family member or actual judge would tear him from my unfit arms, a rhythmic, colicky cry providing the nightmare's soundtrack.
Initially, I thought these dreams were more selfishness — the fear of losing the one good thing I had ever been a part of making. Eventually, I began to see my anxieties about losing my child were really about the fear that my earlier sins, in the form of karma, delayed 'justice', or just incompetent mothering might threaten his foundation, that the sins of his mother would be visited on him.
Tuesday is Thing2's last day of school. Our older son's case is still under appeal. The three of us decide to go to lunch rather than wait by the phone. It's a perfect Vermont summer day until we get back to the mailbox where we discover the first denial letters, signed by the insurance company's chief pharmacy officer.
I call the hospital for a status report. As I wait on hold, I google the pharmacy officer, a woman I discover. Knowing it's psychotic, I get on Facebook, stalking the woman who's denied my child's prescription. I find her profile easily, discovering a professional portrait and a few snapshots of her with a little girl, maybe her daughter.
I want to message her, to ask her what kind of mother can look at my seventeen-year-old's charts and deny his chance at health. How can she be so blind to his condition?
The nurse returns and informs me that the doctors have conferred with the insurer for yet another review. We'll know more Wednesday morning.
Wednesday after lunch I start my daily calls. Our son is anxious to go back to work. Three weeks without his medication, however, are causing a backslide, despite the cannabis oil on which we've pinned too much hope.
But I still have hope. I have a Plan B and C through Z if needed, and Thing1 knows it. That knowledge is letting both of us see his future through an optimistic lens.
I keep Facebook open for a few more minutes after I hang up the phone. Graduation photos still appear in the feed. So do more articles about children being torn from their families in the name of national security.
I click on a few, avoiding the comments, focusing on the families, on the children. I mull over a new Plan A, then Plan B to help safeguard those futures. They are not my children anymore than my son is the pharmacy officer's child, but they are someone's children. I still don't know exactly how to help, anymore than I know if we'll win our second appeal, but today, as I wait, I refuse to be blind.
Whether you think it's allegory or history, you've heard the one about Adam and Eve eating that apple from the Tree of the Knowledge of Good and Evil.
For years, I've felt like the bulk of the knowledge I gained has been that of the evil humanity commits against itself and against its only known livable habitat. We turn a blind eye to bad behavior by trusted people. We cluck our tongues at the latest mass shooting and then wrap ourselves in our cocoons until the next horror appears in our social media feeds.
I'm guilty because I let fear of that evil, for me spawned in the aftermath of a crime, keep me mummified. I work at home because I've been afraid of the world. I've tried to keep my kids safe on a mountain, hidden from the world and life.
That fear has been shrinking over the last few years. As I've rediscovered my art, I've rediscovered the better things about humanity. I've seen my son stand up for someone who couldn't stand up for themselves. I've seen people expend enormous energy raising money to help people they barely know.
And last summer I had a chance to pay it forward a little.
I was raising money to buy art supplies for children who were refugees or in foster care. Then a friend who had helped spread the word to raise money for kits for almost 100 children asked if I would lead a drawing workshop for the children. I said yes immediately, even though the only thing I'd ever taught anyone to do is wash their hands after using the potty.
The afternoon started with 15 boys assuring me they couldn't draw. I know everyone can draw so I started them on a free drawing exercise I had learned.
It took less than 30 minutes for the boys to kill their inner critics and start experimenting.
As they began drawing from their hearts, we saw abstract trees, scenes of and an occasional portrait emerge. We saw art doing exactly what it was supposed to do – open the door to healing.
That workshop was a gift.
I got home and started investigating paths to becoming a teacher, something I'd just been considering for the last year or so.
I neglected the blog through the months of researching certification options and reconfiguring my schedule. The drawing just about stopped.
The education, however, was just beginning.
My own history with mental illness, as well as the experiences of friends who were sometimes at the margins of school society, made special education seem like a good place to make a difference. I got a second experience-building job at an elementary school, and, as I felt like I was starting to be a small part of a small solution, my knowledge of good started to grow.
I'm breathing a little life support into my blog this afternoon, but the reality is that as I watch kids learning to accept others who are not like them and have the chance to give support to kids who might be having a hard time with the business of growing up, my creativity is thriving.
All creativity isn't an expression of hope, and that's okay. It's an expression of how someone feels. But I knew that, for me, constantly feeling afraid of the world was stagnating.
Acquainting myself with a bit more of the Knowledge of Good has prompted ideas for future children's books. It makes life more colorful. It forces me to engage with the world. And when I stop for a moment to breathe, it makes me aware of how blessedly creative – and hopeful – engagement can be.
Saturday & Sunday I went over the mountain to help with and participate in a blog workshop at Pompanuck Farm in Cambridge, NY.
Sunday I got there early to have a little time to paint, but I had been up till 5 in the morning nursing Thing2 through a fever, and I kept nodding off as I sat in the sun-warmed car. The other members got there just as I was adding the first green wash for the lawn.
I went in thinking I would paint and listen – I always think it helps me concentrate. Instead I had to work to keep focused on the painting, as each member of the group voiced their reasons for wanting a blog, recognized that those reasons were partly about wanting to stand in their truth.
I felt like I found mine over the summer when I took just a travel sketchbook and a pen on vacation. We went to the Palouse in Washington state, and the rhythm of the wind bending the yet-unharvested wheat fields was hypnotic, spurring meditations and frenzied drawing sessions. Drawing, and later painting, was an act that pulled me closer to my truth – that the only work that would ultimately fulfill me is creative work.
It was a truth I began to sense and acknowledge with my decision to illustrate my first blog 'Picking My Battles'. What began as a spur-of-the-moment strategy to cut the cost of royalty-free photos and the kids' sleep schedules evolved into a reawakening of an artistic drive I had tried to smother for years.
The revival led to doodles and sketches, scribbles and watercolor cartoons. The blog became a cartoon, Picking My Battles (it's have a little vacation as I reorganize my schedule around school and projects) and added another (HOGA), and I began feeling like I was on a multi-line tightrope between painting and cartooning and writing.
Diving into drawing with abandon, I found my truth and something that I had only felt a few times – pure joy. Interesting that the joy and truth are so closely linked. Embracing my truth – feeding a need to draw and paint – saw words re-emerge, supporting the blog's art the way art had once played a supporting role for the words.
Joy also let me see the silly situations that had made blogging so fun in the first place, and a few weeks ago I took a flying leap and embarked on an Alphabet book for parents. As we talked about blogging and truth over the weekend workshop, I realized that each new post and page of my book is proof that there's room for more than one truth in a life.
My new blog (My Sketchy Life) – with the serious painting and the silly cartoons isn't a tight rope I walk between two sides of my creative life I need to choose between. It's a collage of my life and, like my life, it's a more than a little sketchy.
I went home thinking there's nothing like a good workshop in a sunny farmhouse living room to open your eyes to the world right in front of you. Wish you'd all been here.


Brightening Facial Wash - This ultrarich cleanser, with Alpha and Beta Hydroxy Acids and brightening botanicals, removes the day's impurities, leaving skin clean and hydrated.
Who benefits? All skin types, except dry or sensitive.
Salicylic Acid. A Beta-Hydroxy Acid that deeply cleans pores and exfoliates dead surface cells.
White Tea Extract (Camellia Sinensis Leaf Powder). Provides antioxidant benefits.
Brightening Facial Wash can be used by most skin types, including normal, mature, combination and oily skin. However, it does contain Glycolic Acid and Salicylic Acid, which can be irritating to sensitive skin. It should not be used to remove eye make-up.
Which ingredients are used to brighten the skin?
Glycolic Acid and Salicylic Acid help to brighten the skin through surface exfoliation. It also contains Vitamin C (Magnesium Ascorbyl Phosphate), Licorice and Lily Extract to naturally brighten the skin.
What are the cleansing agents in Brightening Facial Wash?
Cocamidopropyl Betaine, derived from Coconut, and Sucrose Laurate are the main cleansing agents, or surfactants, in Brightening Facial Wash. They are both gentle and suitable for most skin types.
Will this cleanser make me sensitive to sunlight?
Yes. Glycolic Acid and Salicylic Acid exfoliate the top layer of skin, making it more sensitive to sunlight. It is important to protect skin from harmful UVA and UVB rays when using products that contain acids.
Sonny M. Reviewed by Sonny M.
I've been using this cleanser for the last few years; it's one of my favorites. It lathers well and cleans my skin without leaving it feeling tight.
Pamela Ables L. Reviewed by Pamela Ables L.
Brigette F. Reviewed by Brigette F.
Love the smell, the lather and overall the product! Wish it came with a pump for easier dispensing but will absolutely purchase again!


This comedy/satire on manners and etiquette amongst the newly rich & bougie class of New Delhi India was reminiscent of 'The Jeffersons' with the dry humor of 'The Importance of Being Earnest'.
Author Diksha Basu has a keen eye for the juxtapositions that abound in modern Indian society at the moment; is a wry and witty satire that had been laughing aloud several times.
I can easily see this being made into a movie!
With a fabulous Bollywood soundtrack, naturally. Smile.
Previous Post » New Years Style!
« Next Post If you go down to the woods tonight….


text:
Tag Archives: thompsontwins
21 Great 12″ Singles Of The 1980s
To some, the advent of the 12" single in the early '80s was a kind if music sacrilege; but others it was a new dawn, a chance to hear your favourite song in widescreen format, expanded into an epic and not bound by radio conventions.
The 12" came about at an exciting time in music when a few things were colliding: the cult of the 'star' producer, club culture, sampling, dub techniques, electronic music moving into the mainstream and an 'anything goes' post-punk ethos.
Talented sound designers such as Trevor Horn, Gary Langan, Shep Pettibone, John Potoker, Francois Kevorkian, Alex Sadkin and Steven Stanley were in the right place at the right time. And it probably helped that sales of 12" singles contributed to weekly chart positions, so the stakes were high.
So let's have a look at some key artefacts of the 12" revolution, a great time in music when anything – well, almost anything – went. A few of these I now prefer to the originals.
21. Paul Young: 'I'm Gonna Tear Your Playhouse Down' (1985)
Laurie Latham's completely mad mix seems entirely designed to annoy the neighbours. A cacophony of metal guitars, Pino Palladino's floor-shaking, P-funk-influenced bass and bizarre samples. And is that a jazzy riveted cymbal slinking into the mix from time to time?
20. A Guy Called Gerald: 'Voodoo Ray' (1989)
A timeless collection of house music tropes which doesn't ever seem to date. Simplicity is the key, with subtly-shifting riffs.
19. Freeez: 'Southern Freeez' (Slipstream mix) (1982)
This one seems impossible to find on the internet or any other compilation album apart from the marvellous Slipstream 2-LP set which came out on Beggars Banquet in 1982. It's a feast for the eardrums with gorgeous, spacey delays and twinkling Moog lines sprinkled into the mix.
Remixer Gary Langan skillfully juggles of all this classic track's trademark features: Trevor Rabin's chiming guitar figure, the ethereal backing vocals and those crazy samples. Plus you can really hear Alan White's drums here – never a chore.
17. Joni Mitchell: 'Shiny Toys' (1985)
Joni's a name you probably wouldn't expect to see here but remixer Francois Kevorkian had great raw materials to play with – Thomas Dolby's dub-style treatments, Mike Landau's lush rhythm guitar, Vinnie Colaiuta's killer drums and all the silly vocal overdubs.
16. ABC: 'Poison Arrow' (1982)
Trevor Horn ups the ante with a cool, extended lounge-jazz intro and lots of little musical motifs, a new bass part and some new guitar solos.
15. Michael Jackson: 'PYT' (2017)
I can't resist including this recent discovery – someone has somehow got hold of the Thriller masters and put together a real classic. It's even funkier than the original, if that's possible.
14. Madonna: 'Open Your Heart (Maxi Extended Version)' (1986)
Steve Thompson And Michael Barbiero's exciting mash-up of Motorik sequencers, Jonathan Moffett's sick drums and Madonna's strident vocals, all adding up to an 'I Feel Love' for the 1980s.
13. Phil Collins/Philip Bailey: 'Easy Lover' (1985)
Mixing engineer John Potoker cut his teeth working with Miles Davis and Steely Dan, and his sonic mastery shows through with this stunning reimagining of a somewhat corny single, bringing the originally-submerged drum machine right to the fore and adding loads of top-end. Well, his nickname wasn't 'Tokes' for nothing…
12. Scritti Politti: 'Hypnotize' (1985)
Gary Langan was at the controls again for this stunning collision of '50s B-Movie voices, swooning synths, rhythm guitars and bangin' machine beats. The only thing missing is some serious low-end.
11. Grandmaster Flash/Melle Mel: 'White Lines (Don't Do It)' (1984)
Sylvia Robinson arguably laid down the groundwork for all future 12" singles with this 1984 classic.
10. Prince & The Revolution: 'Mountains' (1986)
If you – like me – are always frustrated when this track fades out on the album/single version, have no fear because this remix carries on for another six minutes in the same vein, and turns into one of the sickest grooves Prince ever committed to vinyl.
9. Peter Gabriel: 'Sledgehammer' (1986)
Another entry helmed by John 'Tokes' Potoker, this one boosts the top-end again, adds some scary reverbs and focuses on David Rhodes' guitar, Gabriel's piano and background vocals and Manu Katche's drums to superb effect. I now prefer this version…
8. Eric B & Rakim: 'Paid In Full (Seven Minutes Of Madness Mix)' (1988)
Coldcut put together this sonic feast, one of the most sampled 12"s of all time. You've probably heard almost everything on this remix 100 times on other tracks.
7. Thompson Twins: 'Lies' (1983)
Alex Sadkin brings his Compass Point mastery to this remix, adding a real drummer (Sly Dunbar?) and bass player, and pushing the sequencers and percussion right to the fore.
'Pull Up To The Bumper' is possibly the more artful Grace remix, but this is included for its irresistible groove, and the fact that I always want the original single to go on for twice as long as it does. Also I love the 'false' ending and off-stage shout (Horn?) at 3:50.
5. Donna Summer: 'Love Is In Control (Dance Version)' (1982)
You could hardly go wrong with Quincy Jones and Bruce Swedien at the controls, but this remix just brings out the sheer luxurious beauty of this single, and various sections are repeated and amplified to superb effect.
4. Will Powers: 'Adventures In Success (Dub)' (1983)
Chris Blackwell's protegé Steven Stanley was in charge of this fascinating dub, completely dispensing with Lynn Goldsmith's vocals and delaying the reveal of Robbie Shakespeare's bass for as long as possible.
3. Propaganda: 'Duel' (1985)
Included mainly for Steve Lipson's beatific long guitar solo during the outro, and the fact that it sounds like it could go on forever…
2. Paul Hardcastle: '19 (Destruction Mix)' (1985)
A chilling remix which brings out a little more detail of the single version, adding more spoken-word excerpts from the 'Vietnam Requiem' documentary and lengthening the funky drum breakdowns.
1. Frankie Goes To Hollywood: 'Rage Hard' (1986)
Stephen Lipson and Paul Morley created this insane confection, a kind of Young Person's Guide To The 12", featuring Pamela Stephenson introducing all the clichés of the genre, Viv Stanshall-style. Only ZTT can do this. (It seems sacrilege to leave Frankie's 'Two Tribes (Annihilation)' out, but this gets the nod for sheer balls).
Posted in Best 12" Singles of the 1980s, Lists	/ Tagged 12inchsingles, abc, aguycalledgerald, coldcut, donnasummer, ericbandrakim, francoiskevorkian, frankiegoestohollywood, garylangan, gracejones, grandmasterflash, johnpotoker, jonimitchell, laurielatham, madonna, mellemel, michaeljackson, paulhardcastle, paulyoung, petergabriel, philcollins, philipbailey, prince, propaganda, quincyjones, scrittipolitti, singles, stevelipson, stevenstanley, sylviarobinson, thompsontwins, trevorhorn, trevorrabin, willpowers, yes	/ 2 Comments
The 17 Worst Cover Versions Of The 1980s
We've looked at some of the good covers of the 1980s before – but how about the stinkers?
Reader: I'm pleased to report that finding them was not an easy task. A quick Google survey of 'worst covers of all time' will not reveal many from the '80s (no, Rockwell's version of 'Taxman' really isn't that bad…).
But the variety of crap covers is worth noting. In the 1980s, anyone was liable to produce a shocker, from the ageing chart regular to the littlest indie.
Some took them to the toppermost of the poppermost – indeed most of the below were big hits. But of course familiarity breeds contempt…
Most of these efforts, though, smack of both desperation and a dearth of material. The net result is usually a kind of audio shrug. And hey, there's also that other reliable, recurring theme – the overproduction of post-1985 offerings…
So let the countdown of dodgy '80s cover versions commence, with this curio:
17. Tin Machine: 'Working Class Hero' (1989)
Pointless cover which is one of several fillers on the 'difficult' second side of Bowie's rather good band debut.
16. The Power Station: 'Harvest For The World' (1985)
Interesting to hear Robert Palmer challenge himself range-wise but his hysterical vocal and the band's rather limp arrangement remove all of the majesty of the Isley Brothers' original.
15. Simple Minds: 'Sign O' The Times' (1989)
Desperately tries to be hip but just comes across as a bit desperate. Jim's hysterical vocal doesn't help.
14. Aztec Camera: 'Jump' (1984)
Why oh why, Roddy? Some grotty Linn drum programming and an insipid vocal on a pointless Van Halen cover which takes away all the fun of the original. Maybe that's the point.
13. The Communards: 'Don't Leave Me This Way' (1986)
I'm reluctant to diss the brilliant Jimmy Somerville but this cover of a Philly classic just drove one to distraction, not helped by the desperately upbeat video.
12. Yazz: 'The Only Way Is Up' (1988)
A ghastly version of Otis Clay's 1980 post-disco classic which seemed to stay at #1 for an eternity…
11. The Housemartins: 'Caravan Of Love' (1986)
The concept is a good one – Isley Jasper Isley's brilliant original was an electro/gospel mashup crying out for an a cappella – but Paul Heaton's lead vocals and a very unadventurous arrangement scupper this UK #1 from the start.
10. The Flying Pickets: 'Only You' (1983)
Yes, it's the other a cappella song to hit UK #1, but where to start? How about: out-of-tune vocal stacks (and a very unsubtle use of Fairlight vocals) and a chronically unhip bunch of guys? Oh, and it also came out too soon after the Yazoo original.
9. Pet Shop Boys: 'Always On My Mind' (1988)
Effective but gross cover, and of course another UK #1 single. Like gorging on cream cake, there's a brief rush but then a lingering nausea. It's also arguably the point where the Boys became an '80s brand rather than a unique songwriting force.
8. Dave Grusin: 'Thankful 'N Thoughtful' (1984)
Sly & The Family Stone's gospel/funk classic becomes a robotic downer in the hands of the smooth jazz keyboard maestro. Even Marcus Miller's bass playing can't save this.
7. Bomb The Bass: 'Say A Little Prayer' (1988)
An on-the-nose, in-your-face curio which never convinces. The vocals just set my teeth on edge right from the off. But it still got to #10 in the UK.
6. Bananarama: 'Venus' (1987)
See 9.
5. Rick Astley: 'When I Fall In Love' (1987)
This was the 1987 Christmas #2 and, to be fair, it was only Rick's third single. But it was asking a lot of the lad to take on Nat 'King' Cole. And whose idea were the horrible fake strings?
4. Kim Wilde: 'You Keep Me Hangin' On' (1986)
See 6 and 9.
3. Gary Numan/Leo Sayer: 'On Broadway' (1984)
This is so bad it's almost good. But only almost. You can't help but feel sorry for these two gents whose careers had gone properly arse-over-teacup by this point. Numan fans in particular must have been hiding behind the sofa.
2. Band Aid II: 'Do They Know It's Christmas' (1989)
Stock Aitken & Waterman were tasked with updating this one, coming up with a pointlessly-reformatted, boil-in-the-bag cover without any of the original's musical grace notes, though singer Matt Goss gives a good account of himself.
And…badly-played drum roll…the worst cover of the '80s is…
1. Thompson Twins: 'Revolution' (1985)
The Twins go rawk, with disastrous results. It was also the point where they started to believe the hype – always a bad move. Tom Bailey's lead vocal is a travesty and it's also a bum note in Nile Rodgers' production career.
Posted in Crap Cover Versions, Lists	/ Tagged azteccamera, bananarama, bandaid2, bombthebass, davegrusin, flyingpickets, garynuman, isleyjasperisley, kimwilde, leosayer, petshopboys, robertpalmer, simpleminds, thecommunards, thehousemartins, thepowerstation, thompsontwins, tinmachine, yazz	/ 5 Comments
Thompson Twins: Quick Step & Side Kick 35 Years On
'We're not worthy!' It was Wayne and Garth's catchphrase but it could just as easily have been uttered by Thompson Twins' frontman Tom Bailey in response to the band's worldwide fame during 1983 and 1984.
He told Channel Four in 2001 (see below) that, at the peak of their success, he always felt on the verge of being 'found out' – an intruder at the 1980s Pop High Table.
And then there was the ignominy of being christened 'The Thompson Twats' by that naughty Frankie Goes To Hollywood.
They were being a tad harsh; The Thompson Twats made some great pop in the early '80s. But Quick Step – released 35 years ago this week – is fiendishly difficult to 'place', representing a kind of musical Year Zero.
The only real antecedents seem to be Bowie, Gary Numan and Thomas Dolby (who I can't believe is not a guest keyboard player on the album – if he is, he's not credited).
After the Twins' first two records – when they were a kind of Grebo/agitprop/post-punk outfit – Bailey sacked half the band (including bass ace Matthew Seligman) and formed a lean, mean three-piece (Bailey took care of the music, Alannah Currie and Joe Leeway the image and stage show, though all got songwriting credits).
The final masterstroke was recruiting star Grace Jones/Talking Heads/Robert Palmer producer Alex Sadkin.
The formula worked a treat on Quick Step, recorded at Compass Point Studios on the Bahamas and one of the first albums I loved all the way through. Sadkin plays a blinder, adding loads of percussion, perambulating synths and those much-imitated, elastic bass sounds.
There are so many classic early '80s pop tunes that it's almost indecent. Just hearing the intros to 'Lies' and 'Love Lies Bleeding' makes me want to jump up and down like my 12-year-old self.
'Watching' – featuring Grace Jones' hysterical vocals – and 'We Are Detective' are also good clean pop fun. The latter even throws in some Piazzolla-style fake accordion for good measure.
Quick Step & Side Kick was a big hit in the UK, hitting #2. Those anti-capitalist ideals were quickly waylaid.
US sales were helped no end when the ever-prescient John Hughes chose 'If You Were Here' for a key moment in his 1984 movie 'Sixteen Candles', but the Twins didn't really hit the jackpot in the States until the follow-up album Into The Gap. They even played at Live Aid – in Philadelphia, not London.
N.B. Michael White wrote a really nice, little-known memoir about life in the Twins called 'Thompson Twin'. He played live keyboards with the band during their pop peak. Spoiler alert: it was not a bed of roses…
Posted in 1983, Album Reviews, Alex Sadkin, Pop, Thompson Twins	/ Tagged alannahcurrie, alexsadkin, compasspoint, gracejones, joeleeway, johnhughes, matthewseligman, michaelwhite, quickstepandsidekick, sixteencandles, thomasdolby, thompsontwins, tombailey	/ 2 Comments
Alex Sadkin: Sonic Architect Of The '80s
One of the nice things about putting together this website is finding out about some important – though often unsung – characters who pop up in the credits of many a classic album.
Alex Sadkin is just such a figure. You could probably write a history of 1980s music purely from the perspective of producers. Perhaps it was the decade of the pop producer.
There was certainly a lot of turd-polishing going on, but on the flip side it was a chance for someone to establish their own sound, hopefully in collaboration with a great artist or band.
In the early '80s, everyone was pretty much using the same fairly limited (but very expressive in the right hands) equipment, so it was a question of being as original as possible.
Though he died at the age of just 38 in July 1987, not many producer/mixer/engineers of the early '80s had a more distinctive sound than Alex Sadkin.
He worked with James Brown, Grace Jones, Bob Marley, Sly and Robbie, Robert Palmer, Talking Heads, XTC, Thompson Twins, Foreigner, Simply Red and Duran Duran during his short life.
His productions are full of colour and detail, usually featuring multiple percussion parts, kicking bass and drums and a very characteristic, super-crisp snare sound.
Alex's first gig in the music biz was as a sax player in Las Olas Brass, a popular Florida R'n'B outfit, alongside future bass superstar Jaco Pastorius.
Jaco and Alex had gone to high school together, and Alex later became the house engineer at Criteria Studios in Miami where Jaco recorded the demos for his legendary 1976 debut album.
Sadkin then engineered James Brown's 'Get Up Offa That Thing' single and also worked on Bob Marley's Rastaman Vibration album, which brought him to the attention of legendary Island Records owner Chris Blackwell. Sadkin quickly secured a new gig as in-house engineer at Island's Compass Point Studios in Nassau on the Bahamas.
This was where it really all began for Sadkin – an amazing melting pot of talent passed through the Compass Point doors including Talking Heads, AC/DC, Iron Maiden, Tom Tom Club, B-52's, Robert Palmer and Will Powers AKA Lynn Goldsmith.
But his first bona fide producer credits were alongside Blackwell on Grace Jones' stunning trio of early '80s albums (Warm Leatherette, Nightclubbing, Living My Life).
Sadkin was now a name producer with a trademark sound and considerable rep, and as such started to attract significant attention, sometimes of the negative variety – legendary NME scribe Paul Morley even took agin him for some reason in a review for Thompson Twins' 'Hold Me Now' single. It probably meant Sadkin was doing something right…
Later in the decade, though his work arguably became more anonymous (but then so did a lot of post-1986 pop), Alex's career went from strength to strength, producing some big albums such as Robbie Nevil's debut, Simply Red's big-selling Men And Women and Arcadia's (admittedly fairly dire) So Red The Rose.
Sadly, Alex Sadkin died in a motorbike accident in Nassau on 25th July 1987 just before he was due to begin working with Ziggy Marley.
He had also just recorded some demos with Jonathan Perkins, later to front criminally-underrated early '90s act Miss World. Robbie Nevil's song 'Too Soon' and Grace Jones' 'Well Well Well' are dedicated to Sadkin's memory, as is Joe Cocker's album Unchain My Heart. Gone too soon, indeed.
Posted in Alex Sadkin, Articles, Obituaries, Producers, Reggae	/ Tagged alexsadkin, bobmarley, chrisblackwell, Foreigner, gracejones, islandrecords, jacopastorius, paulmorley, robertpalmer, talkingheads, thompsontwins	/ 9 Comments
Where '80s Pop Went Wrong (In Five Songs)
At some point in the '80s pop parade, the subtle became bloated, the charmingly-naive became coarse and the modest became overblown.
As the decade's greats and not-so-greats limbered up for Live Aid, artistic judgement started getting skewed, recording budgets sky-rocketed and egos rampaged out of control.
The blueprints were drawn up for pop travesties of the future. We present, in chronological order, the five singles which illustrate where things went wrong in '80s pop. (How the hell could Nile Rodgers have produced two of these?! Ed.)
5. Duran Duran: Wild Boys
Released 26 October 1984
The sound of money. And not in a good way. Aiming for a Frankie Goes To Hollywood-style sex-groove, the dandy Brummies contrive to create a ramshackle piece of over-produced, under-performed pub-funk. Nick Rhodes plays like he's just been taught a few minor chords and Le Bon's vocal is consistently just out of tune (why didn't they change the song's key before recording?). And we haven't even got to the drummer's 'solo' yet. Even Nile's production can't save this one.
4. Thompson Twins: Revolution
Released 29th November 1985
This was the worst song performed during Live Aid. And that's really saying something. It's murder, sacrilege, an aural travesty. It's even worse than Paul Young's version of 'Love Will Tear Us Apart'. Tom Bailey delivers the lyrics like a sozzled Stoke middle-manager on karaoke night. Guitars are ladled on willy-nilly and multiple percussion effects merely serve to drive one to distraction. A triumph of vapid tastelessness. What was Nile thinking?
3. The Police: Don't Stand So Close To Me '86
A weary exercise in career suicide and musical emasculation. Copeland phones in his programmed drum pattern (he broke a collarbone just before the recording). Summers' once-vibrant, nuanced sound has become a post-Edge blur. Sting's considerable bass skills are booted into touch in favour of a crude, mushy-sounding sample. Depressing synths chart the chord changes like clouds eclipsing the sun while Mr Sumner succeeds in removing all emotion from his vocal. 'Dark' doesn't begin to cover it. Why why why?
2. U2: With Or Without You
Released 21st March 1987
The barely-scanning, bet-hedging lyric ('You give yourself away'? How? With your eyes, your body? Something you said? What, what?!) aims for a kind of Bowie/Ferry mystique but is basically meaningless and the precursor to all those Snow Patrol/Coldplay list songs that crowbar in increasingly-inane words to fit a flimsy melody. Adam Clayton's remedial bassline, badly played at that, slavishly outlines a dull chord sequence which should never have left the rehearsal room. Bono attempts the first verse in a sub-Bowie croon, but you can tell he's just itching to hike it up an octave. And when he does it's no better than Tony Hadley. The song runs out of steam at around the three-minute mark but then aimlessly drags on for another two minutes in the vain search for 'dynamics'.
1. Michael Jackson: Bad
Released 7th September 1987
Where to begin? The crude, obviously looped bass vamp (close listening reveals the 'joins' at the beginning of every two bars); poor Michael's adolescent lyrics displaying a wronged teenager's obsession with point-scoring and fisticuffs, a videogamer's take on violence; a poor verse melody which never engages followed by the endless repetition of a weirdly unmemorable chorus; Quincy Jones trying to throw a 'Beat It'-style curveball by getting jazz legend Jimmy Smith in for a Hammond organ solo which barely registers… Michael's vocals are powerful but comparing this track to almost anything on Thriller reveals a sad indictment of late-'80s pop.
Posted in Articles, Lists, Where '80s Pop Went Wrong	/ Tagged duranduran, michaeljackson, Nile Rodgers, quincyjones, thepolice, thompsontwins, u2	/ 4 Comments