Democracy and Political Participation Flashcards
(103 cards)
1
Q
What are advantages of Direct Democracy?
A
- Pure form of democracy, people’s voices are clearly heard
- Avoids delay in the political system (W)
People make the decisions, great legitimacy (S) - Everyone gets a say in the decision (ie Brexit)
- Technology MAKES IT EASIER: E-petition, government consultation online
- Equal weight is given to all votes
- Encourages popular participation (higher turnout than representative)
- Develops a sense of community and responsibility
- Encourages debate
2
Q
What are disadvantages of Direct Democracy?
A
- Winning majority could ignore the interests of the losing minority, and cause harm to them with certain legislation
- People may be easily swayed by charismatic individuals- less passion and care for each vote
- Some issues are too complex for ordinary citizens (S)
- Can divide communities (Scotland voted remain, England voted leave) + class, age
- Tyranny of the Majority (lack of protection of minority rights)
- Undermines Representative Democracy (makes politicians seem they do not need to be specialist)
- Lack of accountability
- Hard for large populations, especially for urgent issues
Decision making may be too complex for everyday people (ie Brexit)
3
Q
What are advantages of Representative Democracy?
A
- Easier for larger numbers of people
- Accountability of parties and decisions made by representatives, during election time
- Representatives can develop expertise the public doesn’t have the time or knowledge for (S)
Representatives have time to deal with variety of complex matters, leaving public to have their own lives (S) - Easy to make more complex decisions
- Easier to hold people accountable
- Can vote representatives out
- Representatives can become specialists in their fields
- Encourages pluralist democracy (pressure groups, different ideas)
- Can allow compromise in bills and new laws
- Can voice minority views and opinions (ie from opposition)
Trains future leaders of the country (Boris Johnson- MP, Mayor of London, PM)
4
Q
What are disadvantages of Representative Democracy?
A
- Lack of social representation
- It can be hard to hold a representative accountable between elections
- Representatives may not act in the best interests of their constituents (W)
- Public can disengage from issues/ their responsibilities as citizens because they rely too much on representatives
- Representative bodies may in fact by unrepresentative, whether that’s nationally/causally/socially etc (W)
- Some constituencies have safe seats, hard to have voice heard through certain MP’s
- Representatives do not always do what the people want them to do, do not voice their opinions (to hold places in government/in their parties)
- Elites pursuing their own agenda at the expense of the country’s agenda
- Politicians can be corrupt
- Smaller parties are underrepresented in parliament (Reform votes vs seats- compare to Lib Dem)
Minorities may feel they aren’t represented by politicians (representatives may seek to win over the majority to stay in power)- Could also lead to the Tyranny of the Majority
5
Q
What is the criteria for judging the best form of democracy?
A
Protects minority rights
6
Q
What are the levels of government in the UK?
A
- National Government
- Devolved Government
- Metropolitan authorities*
- Combined authorities
- Local Councils
Parish or Town Councils*
*ONLY IN ENGLAND AND WALES
7
Q
What are different forms of representation?
A
· Constituencies
· Parties
· Government representation
Pressure groups
8
Q
How may Britain be suffering from a democratic deficit?
A
· The First Past the Post electoral system produces disproportional votes, with many votes wasted and discriminates against smaller parties.
· House of Lords lacks democratic legitimacy.
· The sovereignty of Parliament, in theory, gives unlimited potential power to the government.
· The powers of the Prime Minister are partly based on the authority of an unelected monarch.
- The European Convention on Human Rights is not binding on Parliament, so individual rights and liberties remain under threat.
9
Q
What is wrong with current UK democracy?
A
- Lack of checks and balances-> people trust politicians with integrity, honesty and compassion, and putting the country first, which they are currently not upholding
- Politicians feel they don’t have to follow the same ideals as other walks of life-> lets them govern without accountability
- Public vs Private sector-> lack of fines and constraints and laws in the political funding
10
Q
What do we need to fix about the current system?
A
- Systematic failures of government: good people in politics can be corrupted by power-> increases accountability
- Democracy doesn’t work without the engagement of people-> increase involvement of people
- Who goes into politics: How often cabinet shuffles, decrease amount of professional politicians-> full motivation of the people
-Ministers: elected, maybe lack of knowledge
Technocratic level that supports the elected level, people with knowledge - Fix short term nature of fixing issues for long term problems (education, NHS, environment)
- Increase collaboration and long term strategies
- Public desire for accountability
- MP’s who are elected due to colour of party or manifesto then swaps to independent: lack of legitimacy, they weren’t elected on that mandate
- Contract of employment for MP’s: need to be held more accountable to increase legitimacy, accountability and reinforce the requirements of an MP representing a constituency, ie hold weekly constituency surgeries
- People across the country feel that their MP’s do not contact them and represent them
- Ministerial code into law
- Limit number to 400 in House of Lords
11
Q
How do the public feel about the current democratic system?
A
- Post Covid, people feel they can challenge MP’s and people in power when making wrong decisions
- Growing group of people who feel unrepresented and disenfranchised
12
Q
What are advantages of FPTP system?
A
- Easy to operate + understand
- Strong link between MPs + constituents
- Good at blocking fringe/extreme parties (not democratic?)
13
Q
What are the main features of the UK democratic system?
A
Representative Democracy
- Elections
- Parliament
- The party system
- Pressure groups
- Local Authorities and Devolved bodies
- Referendums
14
Q
Is Representative democracy or Direct democracy better?
A
- Representative democracy is better on a larger scale
- Can change due to corruption and people with personal agendas
- Constituencies may lack representation
- Direct democracy allows people to make their own decisions
- May lead to the tyranny of the majority
Overall representative democracy should work under people who listen to the views of the people under them, as it is efficient in running a country smoothly and making decisions at an effective rate, whilst having people who have passion and knowledge of the issues as representatives rather than normal people who may find the issue too complex. Can lead to different viewpoints taken into consideration when making laws.
15
Q
What are the different levels of government in the UK?
A
- National Government
- Devolved Government
- Metropolitan authorities
- Combined authorities
- Local Councils
Parish or Town Councils
16
Q
What are forms of political representation in the UK?
A
· Constituencies
· Parties
· Government representation
· Pressure groups
17
Q
What are examples that show the UK is in a democratic deficit?
A
- The FPTP system for general elections produces disproportional results, renders many votes wasted and elects governments with a relatively small proportion of the popular vote. It discriminates against small parties with dispersed support.
- The House of Lords has considerable influence but is an unelected body.
- The sovereignty of Parliament, in theory, gives unlimited potential power to the government.
- The powers of the Prime Minister are partly based on the authority of an unelected monarch.
- MPs from devolved areas (e.g. Scotland, Northern Ireland and Wales) can vote in measures that no longer affect their constituents. (The West Lothian question).
- Powerful vested interests provide funding to political parties.
- Voter turnout in general elections varies, with a historic low of 59.4% in 2001.
18
Q
What are example that show the UK is in a participation crisis?
A
- Membership of political parties declined (weak)
- Conservative party is now under 200,000 members
- Lack of voting (2001=59.4%, 2024=59.7%)-> leads to electoral dictatorship, illegitimate ALSO people stop caring about politics, don’t care who ends in power(strong)
- People are always online, may make useless statements without education, easily misinforming others, not much weight to words than if they were said in irl protest (ie mentioned on TV etc)
Rely on mass active support, may not get as much, so less intense action than support, therefore there’s lack of action. Instagram followers vs amount of people protesting
19
Q
What are examples the UK is not in a participation crisis?
A
- Membership is outdated compared to other ways of participating-> 2015, £3 membership fee-> increase in labour membership
- This trend has occurred before, maybe part of the cycle of democracy. The UK is not worse than other countries-> Scotland 2014, 84.6% turnout-> people do turn out for issues they care for. ALSO may be in protest for lack of good leader, people feel none of the candidates are fit to be MP
- Other ways of participating (ie online petitions, pressure on social media) (strong, more relevant form). E-democracy is now a term. 2007 petition on putting charges on for using roads-> 1.8 million people signed, government dropped the plan
Parties gain support through social media accounts, like on Tiktok, all parties have accounts - Pressure groups can be seen in the media (ie just stop oil), replace membership of parties. Trade unions,
20
Q
What are the different types of political participation?
A
Standing for public office
Active party membership
Active pressure group membership
Passive party or group membership
Digital activists
Voting
21
Q
What were the suffrage laws pre 1832?
A
- Needed to own property in order to vote
- Rotten boroughs (wildly uneven constituencies)
- Public elections - people cast their votes on a stage
- No payment for MPs
22
Q
What were the suffrage laws after the 1832 Great Reform Act?
A
A limited but symbolically important development. The franchise is extended to new social groups of people including shopkeepers and small farmers and anyone whose property attracts a rent of at least £10 per annum. The proportion of the adult population granted the franchise is now nearly 6%, a rise from about 4%. Women are not allowed to vote.
- Middle class gain the right to vote
23
Q
What were the suffrage laws after the 1867 Second Reform Act?
A
This Act extends the right to vote again, though it only doubles the electorate to about 2 million. Women, the propertyless and tenants of very cheap properties are excluded - the first petition to give women the right to vote was presented to John Stuart Mill in advance of the Second Reform Act.
- Skilled working class gain right to vote (men)
24
Q
What were the suffrage laws after the Ballot Act 1872?
A
This introduces the secret ballot. The main result is that votes can no longer be bought by corrupt candidates and voters are free to make up their own minds.
25
What were the suffrage laws after the 1884 Third Reform Act?
Representation of the People Act (the Third Reform Act) addresses imbalance between men's votes in boroughs and counties and extended the franchise to most working men. Approximately 60% of all adults had the right to vote.
26
What were the suffrage laws after the 1918 Representation of the People Act?
Allowed women over the age of 30 who met a property qualification to vote. Although eight and half million women met this criteria, it only represented 40 per cent of the total population of women in the UK. The same act extended the vote to all men over the age of 21. The electorate increased from eight to twenty one million but there was still huge inequality between women and men.
27
What were the suffrage laws after the 1918 Parliament (Qualification of Women) Act?
Allowed women to stand as candidates and be elected as MPs.
28
What were the advancements in suffrage in 1919?
Nancy Astor is the first female MP to take her seat
- The first woman to be elected to the Commons was Constance Markievicz, in the general election of 1918. However as a member of Sinn Fein, she did not take her seat. The first woman to take her seat was Nancy Astor after a by-election in December 1919. She held the seat until she stood down in 1945
29
What were the suffrage laws after the 1928 Equal Franchise Act?
Women over 21 were able to vote, and women finally achieved the same voting rights as men. This act increased the number of women eligible to vote to fifteen million.
30
What were the suffrage laws after the 1969 Representation of the People Act?
Extended the vote to men and women over 18.
31
What were the advancements in suffrage in 2015?
Voting age lowered to 16 in Scotland for Scottish Parliament and local government elections.
32
Examples of the Widening the Franchise through the improvement of Women's rights?
- 1857: Women could get a divorce in court
- 1896: women could vote in local elections but not general election
- 1870: women could control their money and property after marrying
- 1873: Women could keep their children if they left their father
1885: The age of consent was raised to 16
33
What were features of the suffragettes movement?
- 'deeds not words'
- Women's Social and Political Union, founded by Emmeline Pankhurst in 1903
- Interrupt debates in Parliament
- Chained themselves to railings
- Smash windows
- Burned down churches
- Began campaign of arson and bombing + targeting important politicians
34
What were features of the suffragists movement?
- 'we demand the vote'
- National Union of Women's Suffrage Societies, joined in 1897, led by Millicent Fawcett
- Hold meetings, peaceful marches ('The Mud March)
- Write letters, hold petitions
- Made posters
Tried to get Members of Parliament on their side
35
What were the aims of WSPU?
Women's right to vote
Respect, recognition for equality
Transform public opinion
36
2. What tactics did the WSPU use? How did they go about promoting their cause?
Colours of Purple, green and white. Held a Rally in Hyde park, Women's Sunday. Women wore purple, white and green. Scarfs, Button badges. Made a game 'Pank-a-Squith' board game, house to parliament. Chained themselves to railings with belts. Toffee hammers= window smashing, attack property, get notice from the general public. Letter bombs in post boxes,
Hunger strike
Went to Prison- more publicity from being arrested than playing a fine
Threw weighted letters threw MPs windows
Disrupted a horse race by jumping in front of a horse + died
37
3. Why did people oppose ‘Votes for Women’? What arguments were used against it?
Women weren't supposed to make public protests, unfeminine to protest + to want to protest, women would stop getting married, stop having children, British race would die out
Liberals worried the women's vote would go to Conservatives
38
4. What arguments were used to support ‘Votes for Women’?
Life was changing, women went to university, they wanted a say
Women were capable during the war to do jobs that men did, proved themselves they are equal
Other countries have given the right, ie New Zealand
39
5. How did the authorities respond to the actions of the Suffragettes?
Detained women, over 1000 suffragettes were detained
Black Friday: Police instructed to intimidate women, 150 women physically + sexually assaulted
Force fed women food- let to the Cat and Mouse Act
Took secret photos to be able to identify them in other shops and stop them from entering places
40
Who is currently excluded in the UK from voting?
- Those under 18 (although 16 and 17 year olds can now vote in some elections in Wales and Scotland)
- Prisoners (although Scotland now allows some prisoners to vote in Scottish elections)
- the homeless are effectively prevented from voting as they lack a permanent address.
- Those sectioned under the Mental Health Act
- Members of the royal family do not vote, but there is no legal or constitutional restraint on them voting, so they could if they choose to.
- Peers currently serving in the House of Lords
41
What is the History of the campaign for votes at 16?
- 16 year olds have the right to vote in Scottish elections since 2014
- Right to vote in elections to the Welsh Senedd in 2020
Founded in 2001 by the direction of the British Youth Council as a coalition group
June 2020: 4290 registered supporters
42
What are methods of the Votes at 16 campaign?
Works with other organisations such as the British Youth Parliament, Electoral Reform Society, National Union of Students
Produces and publishes information through its website
Provides templates + advice on how to email local MPs to raise the issue in Parliament
Provide information an advice on how to raise awareness + campaign locally
Provide advice on how to lobby MPs
43
What successes has the Votes for 16 campaign had?
- Lowering voting age was official party policy in 2019 manifestos for Labour, Lib Dem, SNP, Plaid Cymru, Green Party
- 2019 election, 7 Conservative MPs publicly endorsed lowering the voting age to 16
- 2014, voting age lowered to 14 for to Scottish Independence referendum
- 2012, debate held in Westminster Hall
44
What are argument for Votes at 16?
Spread of citizenship education, an increasing number of young people are more informed about politics
- Voter turnout among 18-24 year olds is low, this may increase the turnout + encourage involvement in politics
- Internet + social media enables young people to be more informed on politics
- Old enough to serve in the army, pay tax, so should be allowed to vote
Radicalism of young people could balance extreme conservatism of the elderly
45
What are arguments against Votes at 16?
- people ages 16/17 are too young to make rational judgments
- Many issues are too complex for young people to understand
- Few people in the age group pay tax, so tend to have a lower stake in society
- Very young people tend to be excessively radical as they haven't had the experience to consider issues carefully
46
Examples of pressure groups in the UK?
- Age UK
- Electoral reform society
- Just Stop Oil
- Extinction Rebellion
47
What are the functions of a Pressure group?
- To represent and promote the interests of certain sections of the community who feel they are not fully represented by parties and Parliament
- Protect the interests of minority groups
- Promote certain causes which have not been adequately taken up by political parties
- Inform and educate the public about political issues
- Call the government to account over its performance in particular areas of policy
- Pass key information to the government to inform and influence policy
- Give opportunities to citizens to participate in politics other than through party membership or voting
48
What are characteristics of Insider pressure groups?
- To represent and promote the interests of certain sections of the community who feel they are not fully represented by parties and Parliament
- Protect the interests of minority groups
- Promote certain causes which have not been adequately taken up by political parties
- Inform and educate the public about political issues
- Call the government to account over its performance in particular areas of policy
- Pass key information to the government to inform and influence policy
- Give opportunities to citizens to participate in politics other than through party membership or voting
49
Why are outsider groups kept less close to the government?
Outsiders are those groups that do not enjoy a special position within governing circles. This may be because decision-makers do not wish to be seen to be too close to them or because a group itself wants to maintain its independence from government. More radical groups, such as the Animal Liberation Front, which have a history of using illegal or violent protests to raise awareness of their aims, may find governments do not wish to be associated with them.
50
What are characteristics of outsider groups?
- They are usually, but not always, causal groups. Sectional groups with identifiable memberships and support groups are a useful ally in policy-making, but causal groups have less certain legitimacy.
- Their typical methods include public campaigning, in recent times often using new media to reach large parts of the population very quickly. They seek to influence not through direct lobbying or ministerial contacts, but by demonstrating to government that public opinion is on their side.
- Outsiders do not need to follow standards that the government will find acceptable, so have greater freedom in the choice of methods they use and are more likely than insider groups to use measures like civil disobedience, mass strikes and publicity ‘stunts’.
51
What is an example of sectional pressure groups?
- Age UK
- BMA
- Muslim Council of Britain
52
What is an example of Causal pressure groups?
- Greenpeace
- PETA
- Liberty
53
What are characteristics of good outsider pressure group campaigns?
Good outsider campaigns can get good notice, induce public sympathy, and get change
54
What is a weakness of being an insider pressure group?
- Insider groups may not always be listened to
- IE CBI, reject the conservative view on Brexit
55
Why does resources and large memberships make a group more successful?
- Ie RSPCA, supported by volunteer, employs 1600 people, can taker out more ads in natinoal newspapers
- Larger membership can sway government as it reflects a large portion of public opinion
56
Why might a large membership of a pressure group not help create change?
- Campaign for nuclear disarment-> didn't sway the government,
- Can have checkbook members, not active campaigning
- Tactics + leadership is more important than group size/finance
57
How can a strong following on social media help pressure groups?
can educate and spread word to millions of people, can organise demonstrations
58
How can public support help pressure groups?
Pressure groups with objectives are aligned with public opinion work better
- Snowdrop, ban use of handguns, successful after school shooting
Favourable media support + well known celebrities
- Hugh Grant for closer of newspapers for hacking people's phones
Need widespread public support to be more successful/easier to be successful
59
Why might government support be better than general consensus for pressure groups?
Government contact may be better than general consensus
- Will usually listen to groups who they see common alignment between agendas and with groups who advise them on acts
60
How can celebrity backing help a pressure group campaign?
Celebrity backing can create more media coverage + support from the public
- Greta Thunberg: inspire young people-> Theresa May refused to meet her, but she met with the leader of the opposition
61
How can pressure groups inflict change with a campaign by influencing the opposition party?
If pressure groups influences opposition, and can eventually influence the later government
- May have an impact later than the line
- Extinction Rebellion: 0 carbon emissions by 2025, Conservatives promised by 2050. Labour said 2030-> have had an impact, even if not with current government, can have success with a future one.
62
What is the overall trick to success in a pressure group campaign?
More success if you are an inside
Use social media, catch imagination,
Public opinion
Government attitudes matter depending on the influence they have at the time
Pressure groups may not win the battle but might win the war
63
What is a similarity between a Think Tank and a Pressure group?
Similarity- influence those in politics, but not be elected into office,
64
What is a difference between a Think Tank and a Pressure group?
Difference- Think tanks are founded to research and develop ideas in specific areas, not just spread the ideas, not membership based
65
In what ways can think-tanks benefit political parties?
Replaced the work of policy research for political parties, gives them less work and can be tested before a party adopts them into an official policy
66
For what reasons might some argue think-tanks' work is not always carried out in the public's interest? Give an example of this.
Many think tanks are founded with a clear aim or objective in mind, so may produce biased research with a particular point of view, that may not be in public interest
EG. IEA (Institute of Economic Affairs), close links with Conservative Party. Critical of government measures to reduce or restrict harmful activities like smoking bans, sugar taxes, restriction on fast food ads, called for NHS to be replaced by private, insurance-based system. One main donor is British American Tobacco, questioned whether public policy research is being carried out in the interest of the public or their donors
67
What do Lobbyists do on a basic level?
Employ people with close relation to those in power (ie former advisers or staff for politicians), create strategies for their clients to access the political process + selling insider status
Provide political blueprint to help put pressure on those in power
68
What can Lobbyists do at higher levels?
Arrange events for their clients to have opportunities to meet with those in power, through corporate hospitality by offering political figures free tickets to sporting or cultural events, meeting on behalf of their clients to directly persuade the people in power.
69
How successful/influential are lobbyists?
Can be successful
- Former foreign secretary Jack Straw, 2015, used EU contacts to change sugar regulations on behalf of ED and F Man Holdings, who paid him £60,000
70
How may lobbyists not be successful?
Politicians consider many factors before making decisions, persuasion may not work
71
What are controversies surrounding lobbyists works?
- Benefit those with money, may not benefit the general public
- Undermines confidence in politics, raises questions about who politicians serve
72
In what ways are corporations similar/different to think tanks and lobbyists?
Resist proposed legislation that might hinder its operation, seek to emphasise the positive impact on the national economy that they have
Employ high number of people, important place in the economy, so have great insider influence, in-house think tank and lobbyists, avoid needing to higher lobbying companies
73
What are some examples of basic human rights listed under the 1948 declaration?
All human beings are born free and equal, freedom from torture or slavery, freedom of opinion and expression, right to education, right to freely choose occupation
74
Who chooses and enforces human rights?
International committee, the UN general assembly
75
What are some criticisms levied at universal human rights?
Not easy to universally enforce these rights, UDHR is declaration not a law, hard to address violations, mostly western countries
76
What are some positives which have come out of universal human rights?
Positive on setting international standards, help activists in their campaigns, International court of human rights makes binding decisions,
77
What date was the Magna Carta?
1215
78
What year was the Bill of Rights passed?
1689
79
What year was the Race Relations Act passed?
1965
80
What year was the Equal Pay Act passed?
1970
81
What year was the Human Rights Act passed?
1998
82
What year was the Freedom of Information Act passed?
2000
83
What year was the Equality Act passed?
2010
84
How did the Magna Carta lead to development in rights/formal equality in the UK.
Limit the power of the monarchy, ensure protection against arbitrary rule, right to trial by jury, monarch could only impose taxes with consent of the people- introduction of a democracy
85
How did the Bill of Rights lead to development in rights/formal equality in the UK.
Protects people of England from military dictatorship, made parliament sovereign, not the monarch,
86
How did the Race Relations Act lead to development in rights/formal equality in the UK.
Outlawed discrimination of most kinds on the grounds of a person's race or ethnicity
87
How did the Equal Pay Act lead to development in rights/formal equality in the UK.
Required employers to offer equal pay to men and women doing the same job
88
How did the Human Rights Act lead to development in rights/formal equality in the UK.
Made European Convention on Human Rights a statue law, replacing negative rights with positive rights that had to be upheld by the law. Binding on all public bodies other than the UK Parliament, enforced by all courts in the UK
89
How did the Freedom of Information Act lead to development in rights/formal equality in the UK.
Allowed the public access to information like laws the government had passed, helping to improve services like the health service, civil service. Modernised the system, matching with America
90
How did the Equality Act lead to development in rights/formal equality in the UK.
Included other groups in society who have suffered discrimination like the disabled community and the LGBTQ+ community
91
How are rights effectively protected in the UK?
Human Rights Act 1998- protects the European Convention on Human Rights as a statue Law in 2000
Freedom of Information Act 2000- gives access to government information, helps promote reform, can help hold people accountable
Equality Act 2010: outlaws any discrimination against any group, gives more people rights with their demands and interests, people can bring cases to court if they feel discriminated against and protect their rights
- Strong common law tradition
- UK is subject to ECHR
- Judiciary has a reputation for being independent and upholding the rule of law, even against the expressed wishes of government and parliament
- Principle of equal rights is clearly established
Acts help civil liberties groups promote and defend civil rights and liberties in the UK
92
How are rights ineffectively protected?
Ineffectively protected
UK parliament remains sovereign, so in practice, they have ultimate power to create rights and take them away, so there is no binding rights on parliament
Rights pressure group Liberty-> legislation alone doesn't guarantee rights, up to parliament to ensure they are protected
- UK parliament can ignore the European Convention of Human Rights
Rights in the UK can be suspended under special circumstances
- Early 2000s, Parliament allowed government to hold suspected terrorists for long periods without trial, as a result of Islamic terrorist threat after 9/11
- 2020: various rights were suspended, like moving around the country, to help combat the Covid-19 pandemic
- Common law can be vague and disputed, can also be set aside by parliamentary statues
- Parliament remains sovereign so can ignore the ECHR or can even repeal the Human Rights Act
- Increasing pressure on government, as a result of international terrorism, to curtail rights in the interests of national security. The right to privacy, the right to association and expression, as well as freedom from imprisonment without trial are all threatened.
- Equality is subject to interpretation, can see some groups coming into conflict over the enforcement of their right, such as religious groups and LGBT groups
93
Who are Liberty and what do they do?
- Aim of challenging government measures to restrict freedoms in the UK and combat the rising threat of facism
- Objectives: fight, protect and uphold civil rights and liberties across the UK and develop a wider rights culture across society
- Research and investigations into rights abuses and restrictions
- Seeks to publicise through media campaigns
- Brings legal challenges against rights abuses, support cases of discrimination
Work with government and parliament to advise on legislation
94
What is the Steinfield and Keidan case?
- Couple who wanted a civil partnership instead of a marriage
- Small but significant minority have civil partnerships
- Introduced in 2004, given to same sex couples
- Now they want the choice of either civil partnership of marriage, which same sex couples do
- First couple got it in isle of man, not considered in England
Won the right for heterosexual couples to have a civil partnership, as well as the choice to have a marriage- Supreme court ruled
Judgement doesn't oblige government to change the law, but may persuade them
Christians feel they don't need to create extra laws
95
What is the Belmarsh case?
DETENTION WITHOUT TRIAL
9 men detained by UK government without trial or charge for 9 years
- They claimed it was incompatible with the EHCR
Detained under anti terrorism
Implementation of the Human Rights Act
Tests if the Government is justified in suspending or removing rights if its in the interest of public security
Didn't deport them bc they were at risk of ill treatment if returned to their home country
Derogation order
BUT judged made a quashing order saying the derogation order no longer had effect
96
Why are rights not adequately protected in the UK?
- Rights based culture in the UK developed over time
- Due to common law culture
- Historical texts
○ Both only put into legislation later to further develop rights based culture
ECHR- go to courts to fight for their rights
Equality Act- applies in lots of circumstances for all people
- Culture developed over time
Constitution is unentrenched-> acts can overturn this, undermining the culture and rights
Social media- allow crime fighting agency to access evidence, no right of privacy
97
What power do judges have over rights in the UK?
Judges- defend citizens from sovereign government
Armed with acts to defend acts
2017- breached the rights of 2 women
Can force government to revise its laws
Judges are independant from the other 2 branches of government
Citizens can take breaches to courts
Courts cannot strike down laws
2015- EU court of Human rights, called breach, Government didn't listen
98
How is representative democracy good for rights culture?
Representative democracy + rights based culture
- Rights are better when elected representatives decide on them, be more legitimate
- UK parliamentary sovereignty, laws become part of rights based culture
99
When is Rights based culture under attack?
When there is serious threats like a pandemic or anti terrorism attacks?
100
Is there a significant rights based culture in the UK?
- Has been developed in a number of ways such as …
< Strong common law culture eg. Right for cohabiting or right for a fair trial
< Historical texts eg. Manga Carta
< Pieces of legislation eg. Bill of right 1689
< There is also more modern legislation like the Representation of the people act 1948 (1 person = 1 vote), European communites Act 1973, Human rights Act from the UN, Equality Act 2010
- However, the UK consitution is not entrenched meaning governemnt can overturn rights and liberty's by new laws eg. Conservatives threating to remove the human rights act and in the 1970s interment was introduced in Northern Island to put suspected terrorist's in jail with no trial
- Increasing pressure on the Governemnt to cattail rights in the name of national security eg. Allowing acess to social media in government intrest
The Equalities act does not solve the issue between collective and individual rights eg. Asher's bakery
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What is the role of judges for protecting rights?
- Judges defend citizens from an all powerful governemnt with the rule of law eg. In 2017 judges ruled that Scotland yard had breached the rights of two women as officers did not investigate or apprehend John Walvoys jailed for life in 2009 for over 100 sexual assaults/rapes as well as in 2016 overturning the governemnts plan to provide legall aid for people who had not lived in the UK for 12 months
- Independent from the other two branches of the government and can therfore act free from consequence
- Also have the security of Tena and pain from 1701 so are free to defend individual liberates even if those polices are unpopular
- Supposedly politically and socially neutral
- Citizens can take their governemnt to court for a breach of human rights and appeal all the way up to European court of Human rights (non EU body)
- Courts are weak and are unable to effectivly protect rights due to parliamentary sovereignty and they cannot strike down a law eg. In February 2015 the Europenan court of human rights ruled that the rights for UK prisoners' were breached without the right to vote but this was ignored the government both previous and current
- The human rights act is also limited so judges can only issue a declaration in incapability which does not force the governemnt to take action (advisory)
- Judges are often accused of being politically biased with them tending to side with conservative values eg. Judiciary did nothing to challenge the anti trade union of Margret Thatcher that undermined collective rights
- Judges are also socially unrepresented with the percentage of female judges in court standing at only 25 percent in 2015
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What is the role of politicians in protecting rights?
- Parliment can be considered the ultimate guardian of rights eg. With any law coming from elected politican in parlimet such as the human rights act
- Representative democacy also further develops a right based culture
The government has a very shaky history of upholding civil liberties eg. In 2016 the conservative government free from the colation governemnt passed the investigatory powers act and also limited the right to strike in the trade union act and the Blair governemnt also introduced controll orders (house arrest of terrorist suspects)
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