paper one participation and democracy Flashcards

(127 cards)

1
Q

what is direct democracy?

A

the direct unhampered involvement of the people in political life, a system where people make all the key decisions themselves.

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2
Q

what is the referendum?

A

when people vote on a single issue usually framed as a yes or no question. it is a popular vote on public policy

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3
Q

are there any other forms of direct democracy?

A

e-petitions have made it easier for people to express public opinions, however this does not automatically torgger a parliamentary vote.
eg: pro-brexit pro-romanian petitions failed after 2016

Recall of MPs

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4
Q

what is a pro and a con of direct democracy?

A

Direct democracy allows citizens to make decisions directly through referendums but this can lead to poor decision making due to lack of expertise and knowledge.

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5
Q

why can democracies be unstable?

A

Democracies can be unstable as the government may lose support from ‘the people’ leading to instability or collapse.

‘The people’ are not always united they have different opinions on what is best

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6
Q

what role does the media have in politics?

A

The media has an important role in shaping public opinion and influencing political outcomes.

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7
Q

Representative Democracy

A

a form of democracy in which most decisions are made by elected representatives. citizens pass authority to their representatives after voting them in, to make decisions on their behlafs.

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8
Q

Advantages Of A Representative Democracy

A

the person chosen is usually someone who is educated on political matters, and likely to be rational/professional and not swayed by emotion

Democratically held accountable per elections

it is the only form of practical democracy in a large modern society, where representatives who are politically informed make decisions so ordinary citizens can go about their daily lives without researching politically complex topics

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9
Q

Arguments against a representative democracy

A

no guarantee that they will act on behalf of the people

Uk electoral system is unrepresentative due to FPTP

the social backgrounds of MPS is narrow so minorities feel excluded and marginalised under this system

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10
Q

why should we reform UK democractic system?

A

PARTICIPATION CRISIS, where citizens are unengaged with political topics.

turnouts have been declining
>59% in 2001.
>local election turnouts lower 2021, 36%
this feeds into democratic deficit

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11
Q

what is democratic deficit?

(also reasons why the system should be reformed)

A

a political insitution is not as democratic as it may appear, therefore people lose trust in it.

> ex: the hereditary peers and appointed peers in HOL, 1999 act reduced only to 92 hereditary peer but this did not increase democratic representation in England.

> ex: judges and ministers are also chosen in the UK. we directly vote for MPS, yet we have no say what position or rank they are in parliament. Though we may be able to hold them accountable, this still is undemocratic, as it is not at the will of the people.

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12
Q

Positives of elections

A

all over 18 can vote

held every 5 years so they are regular and hold gov and electives accountable

we can vote a gov the people mostly agree with on the whole.

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13
Q

Why should we reform the system?

(Refer to unentrenched rights)

A
  • we do not have an entrenched bill of rights so there is no universal rights for citizens. there is no fundamental law meaning the constitutional change can be easily made, so legislation can be passed quickly undermining rights in Britain. this is even when the gov does not have the mandate to make such fundamental democratic choices

ex: Police, crime and sentencing act 2022, placed significant restrictions on the right to peacefully protest, which is essential to liberal democracy

ex: Illegal Migration Act - passed despite gov acknowledging the breach of ECHR. a similar statement acknowledging breach also appeared on the front page of the safety of Rwanda bill.

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14
Q

Negatives Of Elections

FPTP is unfair so some votes are wasted

A

FPTP is unfair so some votes are wasted

fptp is also unrepresentative and discriminates against minority parties
ex 2024 election 55% of votes were for other parties.

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15
Q

Positives of parliament

A

House of Commons can hold the government accountable

when passing new laws, many different parties have a say

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16
Q

Negatives of Parliament

A

House of Lords is unelected, with 92 heridatry peers.
ministers are also unelected, so its undemocratic as it not the will of the people.

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17
Q

Positives of pressure grouts

A

people are free to join

enhance democracy because they explore a range of issues that are often overlooked by parliament

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18
Q

Negatives of pressure groups

A

elist and lack eternal democracy, many are forced and you have to be a aprt of it
parlaiment can ignore pressure groups willfully
often viewed as disruptive ex 2012 olympic strikes, as well as 2024 proposed strikes which upset many

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19
Q

what is direct action?

A

the public actively becoming involved in politics as opposed to dealing through a representative or just voting in elections. this could be legal or illegal direct action.

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20
Q

why do pressure groups use direct action?

A

as their non direct methods have failed or are unavailable and they are in need of media spotlight and direct action is the method to achieve this, often outsider pressure groups turn to this as they are not privileged to access gov unlike insiders. failure of legal direct action can result in illegal direct action

ex; 2000 fuel crisis where road hauliers and farmers blockaded oil refineries so there was a fuel shortage which upset Blair gov, there was some success, yet it was limited.

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21
Q

RMT CASE STUDY DIRECT ACTION

A

RMT: aimed to defend the rights of all employed members of transport industry
they used insider methods while labour was in power, for example Blair’s gov until 2004, and now 2024 keir starmers gov. they lobby politicians and use social media to gain media coverage.

successes in 2012, they lobbied politicians for a bonus for the Olympic games and were successful as they threatened strikes, which would disrupt tourism and travel across London, as well as negatively impact London as a tourist city for future years. £800 for workers £1K for train drivers

failures: 2015-16 there were ticket offices in the underground closed, they had many strikes and legal challenges to keep these jobs remaining claiming threat to safety and job security, yet by 2016 290 offices closed.
a reason why it failed was due to lack of public sympathy for the strikes, rendering public opinion as an important success factor for pressure groups.

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22
Q

GREENPEACE CASE STUDY

A

NGO- to protect forests oceans agriculture etc and protect climate change.
methods: originally outside p.g but have become more ‘wetsuit to business suit’
success: by 2014, their capmagin tfor sustainable tuna fishing was a success and many supermarkets adapted the use of sustainable fishing sources for their tuna cans.
failiure: 2015-16 failiure to stop cairn energy exploring gas reserves in greenland as many were isolated in the indigenous regions and saw this as a way to economically prosper and be more independant than denmark. due to lack of people support in the region and public support, they failed.

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23
Q

extinction rebellion

A

wants to reduce gas emissions to 0 by 2025 and bring about awareness for climate change and ecological justice.

blood of children demonstration outside downing street throwing blood to represent endangered children lives by climate change was direct action used, and this gained a lot of awareness. the media covered this story and it became popular fast. this successfully through this grotesque display. (publicity stunt)

they also use NON VIOLENT CIVIL DISOBEDIENCE like chaining themselves to road fixtures and gluing themselves to boats and the entrance of the londn stock exchange. as this was non-violent it lulled police into false sense of security while they where overwhelmed by the large number of protestors. this also gained media coverage and widescale public attention.

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24
Q

Positives of devolution

A

has spread power away from Westminster to national region/
Localised Decision-Making
where local leaders have a better understanding of the specific needs, preferences, and issues of their regions, enabling them to create policies that are more relevant and effective. policies and solutions tailored to their unique circumstances, leads to effective governance and the potential for successful policies to be adopted more widely.
ex:free school tuition and pharmacy prescriptions in Scotland or
ex: council tax etc

Increased Accountability
Elected representatives in regional governments are directly answerable to their local electorate, which can lead to greater transparency and responsiveness. This proximity can also foster greater political engagement and participation among citizens

Improved Public Services
Localised control over public services, such as education, health, and transportation, can result in better service delivery. Regional governments can allocate resources more efficiently based on local needs, leading to higher quality and more accessible services.

Conflict Reduction
In regions with distinct identities or historical grievances, devolution can reduce conflict by granting more autonomy and addressing local concerns. This can lead to greater political stability and unity within the nation.
ex:NI assembly devolved powers and Good friday agreement. there is now a coalition gov in place.

Democratic Strengthening
By spreading power more widely, devolution can strengthen democratic institutions and processes. It encourages a more pluralistic political environment and reduces the concentration of power in a central authority.

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25
Negatives of devolution
devolved governments only have limited power due to Westminster's power PPOLITICAL FRAGMENTATION: Devolution can lead to political fragmentation, where regional interests take precedence over national unity. This can weaken the central government's ability to implement nationwide policies and create a fragmented political landscape. ex: conservative MPS are against devolution, especially ONC as they believe in paternalism and unity in a nation. this has also led to different laws for different areas, however Westminster is soveirgn and holds power to override any decisions it does not agree with.
26
Positives of public participation
people are free to vote and stand for office as well as express their views Can join pressure groups Participation enhances democracy
27
Negatives of public participation
turn out and party membership is below historic norms
28
Positives of protections of rights & liberties
Supreme Court protects rights eg through judicial review we have ECHR, HRA EQUALITY ACT
29
Negatives of protection of rights & liberties
parliament is sovereign so they overpower Supreme Court
30
list 4 ways someone can participate in politics
-Voting in elections -joining a pressure group -standing for election -signing petitions
31
how low did the general election turnout drop to in 2001?
the turnout dropped to 59%
32
Scottish independence referendum
2014 85% turnout and 16-17 given vote 58% said no
33
Arguments for the participation crisis
turn out is down on historic norms and has significantly lowered to around 60-70% per elections sometimes dropping below 60% Apathy due to political scandals so lack in trust in representatives >ex: grensill scandal with Cameron, people were upset
34
Arguments against the participation crisis
pressure groups are boosting participation in politics ex: juststopoil is a new pressure group and XR turnouts have been rising recently: 2014 scottish referndum 85% brexit referendum 73%
35
Arguments for making voting compulsory
may force voters to educate themselves more about political issues - voting is made a civic duty increases turn out so also increases the legitimacy of the democracy
36
Arguments against making voting compulsory
will involve a lot of enforcement so not time efficient forcing people to vote may result in them being influenced by social media/celebrities
37
What did the European Court Of Human rights declare in 2005?
HIRST V UK: that banning voting for prisoners is a violation of their human rights
38
British medical association aims
trade union to represent the interests of the people belonging to it
39
which ways do pressure groups enhance democracy.
-increase participation -educate the public and raise awareness -protect right of minorities
40
in which ways do pressure groups hinder democracy
-could prolong legislation and get in the way of parliaments interests. they can also lobby for undemocratic changes through persuasion tactics using money. this breaches public trust through dishonest terms -influential pressure groups could distort information
41
define think tanks
a group of experts who provide advice ideas and policy proposals.
42
Adam smith insitute
an example of a right wing think tank that is concerned with free market issuees
43
IPPR Institute of public policy
left wing oriented think tank and research socio-economic policy issues like housing, poverty etc
44
dark money meaning
money used for political campaigns that do not come under PPERA act. left wing watchdogs like DeSmog UK have accused right wing think tanks like Adam smith for using dark money from US pressure groups to implement policies that benefit them into UK
45
what are corporations?
they do not vote in elections but have big impacts on democratic societies as they are vita to the economy. NE England Nissan is a majoy employer. they can pressure the gov into giving corporation welfare (loan) or it'll threaten to relocate comapnies overseas. ex £9m lent in Nissan for the new production of their cars in 2012
46
why are corporations so infleuntial (nissan)
NE England Nissan is a majoy employer. they can pressure the gov into giving corporation welfare (loan) or it'll threaten to relocate comapnies overseas. ex £9m lent in Nissan for the new production of their cars in 2012
47
why are corporations so influential? (P&O Ferries)
attempted to fire and rehire workers in dover who striked for higher wage. this led to labour MP Haigh calling them 'cowboys' insisting workers needed more rights. P&O threatened to stop £1B investment into London Port Authority, which was an investment that the new labour gov were interested in. Starmer had to backtrack on the cowboy comment and they resumed investment. this emphasises their importance to suddenly hinder the UK market and economy and threaten job security.
48
what are lobbyist?
paid individuals who try to influence MPs or gov to act in their interests. ex: jack straw 2015 changed EU rules on behalf of a company for £60K. ex: the city UK is a private sector lobbyist which is referred to as the industries most influential and they promote financial related professional services industry of the UK. they apparently lobbied for the 2016 EU Referendum as it would damage London's status as a global financial centre.
49
what is Magna Carta?
English legal charter ensuring haebus corpus a right to a fair trial by jury
50
What is HRA?
made in 1998 and domesticised ECHR into UK law protecting many human rights set out that were enforced from 2000. it was codified into statute law
51
what is the equality act 2010?
brings together 116 separate pieces of legislation into ne act which protects the rights of individuals and advance equality of opportunity for all. it legally protects people from discrimination in the workplace and wider society, replacing previous acts. it sets out different wats in which it is unlawful to treat someone.
52
what is a constituency?
a specific geographical area that is represented by each elected MP in HOC.
53
who was Edmund Burke?
a Whig MP who formulated the role of a representative THE BURKEAN MODEL OF TRUSTEE
54
What is the burkean trustee model?
Based on Edmund Burke’s notion of representation. Representation is a moral duty: those with education and understanding should act in the interests of those who are less fortunate. Once elected, representatives should act independently on the grounds that the electors do not know their best interests.
55
what is a trustee?
an MP should listen to the views of their constituent but exercise their own judgement on issues and vote accordingly to their conscience.
56
What is a delegate?
given clear instructions by their constituents and vote accordingly. they do not use their own judgement and do not vote according to their personal views.
57
What are two examples of a MP voting as a trustee and not a delegate?
Labour MP Kate Hoey voted for Brexit deal despite 85% if her constituency voting remain Labour MP Chris Byrant voted against Brexit despite their constituency voting leave
58
what is a mandate?
mandate refers to the authority to carry out a policy, regarded as given by the electorate to a party or candidate that wins the election.
59
What is a manifesto?
a document published by a political party before GE setting out policies they would deliver if they win.
60
what are the tensions in UK Westminster parliamentary system of GE?
voters vote for a candidate but are really voting for the party which has selected the candidate or even the leader of the party that has selected the candidate. this is referred to as a personal mandate
61
Define direct democracy
individuals express political opinions themselves Not elective Citizens are more active in decision making
62
Pluralist democracy
a type of democracy in which a government makes their decisions based off an interplay of various ideas and contrasting arguments from competing groups and organisations
63
1975 UK referendum
Britain’s membership in the European economic community
64
2011 UK referendum
whether to change the voting system for the Westminster referendum turnout for AMS 42% against 68%
65
2016 UK referendum
Brexit referendum turnout 73% remain 48% leave 52%
66
Democratic deficit
a perceived deficiency in the way a particular democratic body works, especially in terms of accountability and control over policy making
67
Positive democratic features 1
devolved bodies - transferring power from the UK parliament in London to the scottish parliament in Edinburgh to the Welsh assembly in Cardiff and the Northern Ireland assembly in Belfast
68
Positive democratic features (judiciary)
independent judiciary - separate from other branches of government, allowing the law to hold politicians accountable and protects personal freedoms
69
Positive democratic features (elections)
fair and free elections - elections take part every 5 years, largely free of corruption and sometimes provides opportunities to vote in referendums (in case of a national issue)
70
Positive democratic features (media)
free media - challenges government policy an exposes the misdeeds of politicians
71
Why do some argue that the UK is suffering a democratic deficit?
some believe that political decisions are being made by people whose appointment lacks adequate democratic input and that the UK is undemocratic in certain aspects of he political system, especially in the minority viewpoints due to the voting system ex: the House of Commons is elected by the first past the post system, which is not proportional as it produces a mismatch between the number of votes won and the seats gained in parliament ex: HOL is unelected with 92 hereditary peers, or appointed by prime minister
72
why can the HRA be rendered innefective at times?
Arguably provides inadequate guarantees for the rights of citizens in their relationship with the state - governments can derogate from articles of the human rights act officially stating that parts of the act no longer have legal authority in certain situations
73
participation crisis
a lack of engagement with the political system
74
voter turn out
one of the most obvious measures of political participation average turn out at general elections from 1945 to 1997 was 76% 2024 general election turn out - 60% lowest since 2001 2019- 68%
75
2024 general election turn out
60% lowest sinc 2001 where it was 59% this is proof of participation crisis
76
what is the 015 recall of MPs act
this allows for a petition to be triggered if an MP is sentenced to be imprisoned or is suspended from the House of Commons for more than 21 days. If 10% of eligible voters in the constituency sign the petition a by- election is called, direct democracy is thus used to hold representatives to account
77
turn out in “second order” elections - devolved bodies
average turn out in may 2016 local elections in England - 34% Turn out in parliamentary by elections : 2017 stoke-on Trent by election had a 38% turnout
78
why is the turnout in devolved bodies be lower?
This may be because voters see these less powerful bodies as unlikely to make a major difference to their lives
79
Legal challenges over Brexit - Miller V Secretary of State for exiting the European Union (2017)
Gina Miller argued that the UK government could not trigger article 50 without a parliamentary vote or debate. the supreme court was in her favour arguing referendums are non binding and that parliamentary soveirgnty cant be ignored. HOC has a vote.
80
Brexit propaganda
Leave EU argued NHS would receive £350m if the UK left the EU (argued that this money had previously been an expense as a result of the EU membership). there was no proof of this and this was not the case post-brexit. there was also the immigration issue of 17m turkey citizens having a possibility of free travel if they joined the EU and this was not confirmed either and remained a speculation
81
The EU withdrawal act
2020
82
the UK left the EU on the 31st January 2020
the UK left the EU on the 31st January 2020 The changes brought about by this means that EU law is retained in the UK law books - legally referred to as the “Retained EU law” Hundreds of laws can no be unmade by parliament
83
Issues with Brexit referendum
claim that there was a lack of understanding in the issues involved - eg the claim that £350m would go to the NHS if the uk left the EU. This claim was however only contested after the vote was finalised
84
Party membership - 2022
another indicator of a participation crisis 2022 - membership was 1.6% (of electorate belonging to one of the 3 main parties) This was a rise from 0.8% in 2013 1983 - 3.8% membership - so overall decrease
85
party membership / 3 main parties in august 2022
Labour- 4320 Conservative- 1720 SNP-1040
86
political apathy
a lack of interest or awareness of contemporary events and political issues that affect society
87
political hapathy
when people are pleased with the political state of the country and see no need to push for political change this could help to account for he unusually low level of voter turnout in 200 and 2005 (the economy was booming) but not for the 2010 election
88
the 2009 parliamentary expenses scandal
some MPs had made false claims or mortgage repayments home insurance and other costs 5 former MPs and two members of the House of Lords were sentenced to rishon terms this eroded public trust
89
2024 labour freebies scandal
In September 2024 British prime minister Keir Starmer faced controversy after reports that he had failed to declare a gift of several thousands pounds worth of clothes to his wife Victoria Starmer by Labour Party donor Waheed Alli
90
What should be done to reform the voting system?
-change voting day from Thursday to the weekend as many work and may be unable to vote in this time. -allow voting to take part anywhere in the constituency as people have to attend a polling station at a certain place making it impractical -allow voting to take place over a number of days to allow for the maximum of people to vote in this time
91
Possible Reforms of the UK democratic system
changing the electoral system for Westminster to one based on proportional representation, so it might more accurately reflect voters’ preferences
92
Further reform of parliament
to make its processes more democratic and transparent The transfer of more government powers and functions to local bodies - for example devolving power to regions or to an English parliament
93
House Of Lords Act 1999
ended linkage between the hereditary peerage and membership of the HOL by 1999 many hereditary peers left but section 2 of the act allowed up to 92 hereditary peers
94
The House Of Lords Hereditary Bill 2024
introduced September 5th 2024 to attempt to repeal section 2 of the House of Lords act of 1999, to abolish all hereditary peers
95
what does suffrage mean?
the right to vote in public elections
96
who is restricted from voting?
-under 18 -eu citizens except irish republic -HOL members -Prisoners -Those convicted of corrupt or illegal electoral practice barred for 5y -detained patients of psychiatric hospitals
97
1918 act
all men over 21 and women over 30 enfranchised 75% of adult population could vote
98
1928 act
terms for men and women equalised; both sexes can vote at 21, full adult suffrage
99
1969 act
voting aged reduced to 18
100
who were the suffragists 1897?
establishment of the National Union of Women’s Suffrage Societies (NUWSS) in 1897, under the leadership of Millicent-Fawcett known as suffragist middle class women who used nonviolent methods of persuasion and peaceful demonstrations and lobbying MPs
101
who were the suffragettes 1903?
emmeline Pankhurst founder attracted middle class and working class women who used violent demonstrations such as the disruption of political meetings and male dominated activities ex: emily Davison threw herself under the king's horse at the Epsom derby they attracted hostility and sympathy. many were force fed when they underwent hunger strikes or imprisoned their successes was the female and universal franchise of 1918
102
why was the representation of the people's Act passed arguably?
due to growing pressure to give vote to all working class men and not solely due to suffragettes work
103
why does the suffragettes and suffragist groups remain controversial, and why does the vote remain controversial?
some argue that the undramatic work of the suffragists was not effective and that the suffragettes violent demonstrations alienated supporters others argue that the government granted women the vote due to their willingness to serve in vital industries during the war - however majority of women who filled these jobs were young unmarried women who were not enfranchised in the 1918 representation of people act.
104
what countries allow 16 year olds to vote?
the channel islands brazil australia
105
Extending the franchise - should prisoners be allowed to vote?
traditionally in the UK prisoners lose their right to vote when incarcerated losing the right to vote means they can no longer participate as full members of society - losing part of their citizenship
106
should prisoners be allowed to vote? - yes
denying the right to vote removes a sense of civic responsibility making rehabilitation harder for prisoners. if they feel as if they are alienated from society removing these civic responsibilities can just make the seperation even more absolute, as it may be seen that they are a non-person, prisoner the loss of franchise does not always prove to act as a detterent to prisoners, it may be seen as an empty threat, and many may not even take it into consideration the right to vote is a fundamental huma right and to remove this is to infringe on individual freedoms European court of human rights has ruled that the blanket Ban on prisoners is a violation of the human rights act
107
should prisoners be allowed to vote? - no
those who commit a custodial crime against society should lose the right to have a say in how society is run. if they breach certain rules that undermine societal cohesion, then they are no longer apart of a society and should not have luxuries as such. the threat of losing the right to vote prevents crime and enhances civic responsibility, this may act a a deterrent to crime. this can be seen in Hirst v UK a campaign launched by an ex prisoner. giving convicted criminals the right to have a say in how society is run undermines the principles of justice
108
caste study - John Hirst V UK 2005
in 1979 he beat his landlady to death and was convicted of manslaughter in 1980. he spent 24 years in prison. In the 1990s he began a legal campaign to restore a prisoner‘s right to vote The high court dismissed his challenge in 2001 but Hirst launched a new appeal under the HRA (Human rights act) which was successfully upheld by the ECHR in 2005
109
What did the ECHR establish following Hirst V UK?
Declared that the blanket ban on all prisoners was a violation of their human rights
110
what other groups have launched campaigns after HIRST V UK?
including Howard League for Penal Reform 2000 legal challenges from prisoners being denied the right to vote many have used their insider status to lobby politicians
111
what was the 1832 reform act?
widened franchise to 1 in 5 males but no females or working class men. it also ended up with rotten borough constituncies that were controlled by rich land owners.
112
how did the suffragist and suffragetes help widen the franchise?
in 1918, middle class women could vote, due to countless protests and hunger strikes in 1928 post war all women could vote, as they had shown they were capable to handle manly jobs.
113
what are arguments for extending the vote to 16 year olds?(yes)
-they can join the military and pay income tax at 16 so they should be able to have a say -it reduces democratic deficit and participation crisis seen in the 2014 Scottish referendum act where the turnout was X among young people. it can also encourage voting behaviour, immersing young people into politics -18 is just a age they have drawn the line at, there's no proof people will be more politically engaged or educated in 2 years time, and this can be seen in the fact the turnout is low amongt young adults -may still learn politics in school and there is also a youth parliament -16 and 17 year olds were allowed to vote in the Scottish independence referendum in 2014. in the following year the Scottish parliament voted to allow them to take part in elections -electoral reform society supports 16 vote
114
what are arguments against extending the vote to 16 year olds?(no)
- young adults are inexperienced to make decisions under 18, they still have to go through education or can join armed forces, yet they do not get deployed under 18, so there are still restrictions on what young people under 18 can do. they do not take on the full responsibilities of adults yet. -this could lead to more adult responsibilities being handed down to younger children if we reduce the threshold of age to 16. -they are legally children and can be swayed or manipulated if they are not politically educated and aware enough of propaganda. this could have an adverse effect on participation crisis, as it is not representative of the people's will. -lack maturity, and many do not takr part in youth parliament The Scottish referendum attracted unusual levels of participation - so unfair to use as evidence Levels of participation in UK elections are lowest for 18-24 year olds, so why would 16-17 year olds set a new trend?
115
should voting be made compulsory?
yes- it can increase participatuion levels and forces elected representatives to take account for the views of all social groups, increasing democratic legitimacy. yes- it encourages voting behaviour and educates people on politics, makinf them more politically engaged. ex:brexit referendum had a 73% turnout as many were engaged and politically educated. scottish referendum had a 85% turnout. whereas, ams was 42% turnout as people were not politically engaged with it - voting is a social duty as well as a right and people shound engage with political processes that affect theur lives. this would produce a parliament that is more representative to the population -politicians would then run better quality campaigns immersing people into politics and parties would frame manifesto policies with the whole electorate in mind
116
should voting be made compulsory? (no)
no- forcing is undemocratic, infringing on liberty, and it may lead to wasted ballots, and upset voter. they may vote for parties or mps that do not represent their ideologies, and not being able to refuse their vote is withholding of their liberty to be involved in politics. they may even want to not vote as a political statement to hold the gov and the electoral systems accountable. furthermore, many still do not vote in 2022 aus turnout fell below 90%. many do receive fines, however this is not always imposed ex in Belgium. furthermore, this is a waste of time and resources and many may be infuriated. it is undemocratic to force people to take part in something that should be a matter of choice it would not stop politicians from focusing their campaigns on marginal seats ad neglecting safe seat where the outcome is predictable compulsory voting does not address the deeper reason why people do not vote
116
what is an elective dictatorship?
- a reason to reform the uk political system elective dictatorship is when the gov is elected enabling them to essentially do as they please. uk gov has a very powerful position in parliament. since 1945, gov majority is 58% estimated and yet they have won 99% of votes in HOC. it was weakened with Mays gov in 2017-19 having many defeats in common, but Starmers 2024 landslide victory of 174, reinforces elective dictatorship, which is also reinforced through the winners bonus.
117
what was the abu qatada case?
he was considered a security threat as he was accused of being a terrorist. however he argued that he could not be sent back to Jordan as the HRA protected him under article 3 - freedom from torture. he was eventually sent back years later.
117
does the uk have a rights based culture?
many argue yes due to judicial review and the use of it to challenge parliament upholding rights
118
what are the tensions considering rights currently?
conservatives are looking to implemnt British Bill of Rights which replaces the HRA and takes supremacy of British Courts over ECHR. it faced criticism for potentially weakening human rights protection and empowering the government at the expense of citizens. Critics argued it would make it harder for individuals to seek redress for human rights breaches, create new barriers to justice, and limit the role of the European Court of Human Rights.
119
what are two pressure groups that focus on human rights ?
liberty and amnesty international
120
who were the belmarsh 9 and why are they significant for rights?
they were detained foreign suspects without trial and this breached human right laws. the uk high court ruled ending indefinite detention.
121
what was the constitutional reform act?
2005- separation of powers between the law lords and the HOL
122
what was the terrorism act 2006?
extended the maximum period of pre charge detention to 28days
123
what is an advantage of judicial review?
HRA has given judges added power to prevent gov going beyond their powers by threatening human rights, called ultra vires.
124
what is a disadvantage of judicial review?
accusations of growing judicial activism and tyranny whereby the courts and judges are making law rather than just reinterpreting it. also not having a codified constitution and an existence of ill defined gov power make it difficult to judge if power has been abused
125
what is the difference between SC judicial review and declaration of incompatibility?
judicial review is seen in MILLER 1 AND 2, on brexit and in 2023 when Sunak gov pledged to stop boats via Rwanda plan which was declared unlawful by sc judicial review. parliamentary sovereignty means a gov that controls parliamentary majority can grant powers to itself and departments through legislation and it cannot be prevented. so sunak used elective dictatorship (using cons majority) to pass controversial Safety of Rwanda Act which legally overturned sc. so SC can declare a DECLARATION OF INCOMPATIBILITY to with S4 of HRA believing a provision of the legislation is incompatible with a convention, but it doesn't invalidate the law, rather signals to parliament that they should amend it. so SC is powerless against an elective dictatorship due to parliamentary sovereignty.