14. comparative civil rights

Question 1

What are the similarities in the protection of civil rights in the USA and UK?

Answer 1

• Both US and UK legislatures can pass legislation to protect citizens rights e.g. 2010 equalities act (UK) and 1965 civil rights act (USA)
• Both US and UK have parts of their constitutions that are clearly express the rights f their citizens
• The US and UK both benefit from rule of law and independent judiciaries which are able to make rulings against the government on behalf of individuals

Question 2

What are the differences in the protection of civil rights in the USA and UK?

Answer 2

• In the USA, civil liberties are entrenched in the constitution. This means that they can be removed only by amending the constitution, which was deliberately made difficult to do in order to protect civil rights
• In the UK, civil liberties are not entrenched HRA can easily be removed - (Bill of Rights 2023 is been proposed)
• ability of USSC to make civil rights rulings that effectively act as amendments to the constitution is not shared by the UKSC

Question 3

What are the similarities and differences of civil rights campaigns? - methods

Answer 3

Similarities:
- pressure groups both campagin using lobbying, direct action
- judicial review
Differences:
- UK - strict limits on political spending during elections, USA - limits on political donations to individual candidates
- US pressure groups spend more supporting candiates
- US pressure groups are more focused on SC

Question 4

What are the similarities and differences of civil rights campaigns? - influence

Answer 4

Similarities:
- campaigners for civil rights have changed public attitudes in both countries
Differences:
- USA - rise of Alt-right suggests that the influence of civil rights campaigns ahs been limited in some sections of the population

Question 5

What are the similarities and differences of civil rights campaigns? - effectiveness

Answer 5

Similarities:
- Pro-choice abortion campaigners have been successful in both US and UK
- UK pressure groups liberty and the US pressure groups ACLU have been effective in highlighting anti-liberal measures
Differences:
- Campaigners for women’s rights have been more successful in the UK than the USA
- Both countries still have significant progress to make in terms of ensuring full racial equality, but BLM campaign and the rise of Alt-right

Question 6

What is the structural theory approach to civil rights?

Answer 6

• The impact of an entrenched US constitution: the entrenchment of civil liberties in the Bill of Rights means it is more protected than UK flexible constitution
• relative importance of USSC e.g. Brown v Board while the UKSC doesn’t have significant cases
• sovereignty of parliament v USSC
• different rules regarding political donation and spending have resulted in pressure groups spending more on political campaigning in the USA

Question 7

What is the Rational theory approach to civil rights?

Answer 7

• Role of president Bush and Blair in infringing civil liberties after 9/11 attacks
• role of individual leaders in campaigning for civil rights and keeping their cause on the political agenda e.g. civil rights movements in the USA benefited from MLK whereas post war UK civil rights campaigns have lacked a figure of the same political stature
• individuals play a key role in civil rights campaigns in both countries

Question 8

What is the Cultural theory approach to civil rights?

Answer 8

• Respect for the Rule of law underpins the effective protection of rights in both countries
• both countries have a culture that values individual liberty and this is reflected in their constitution
• Following 9/11 terrorist attacks/Manchester bombings 1996, a new culture of fear and protectiveness led to governments in both countries taking measures that have been criticised for reducing individual rights
• religous groups are much more dominant in US culture which helps to explain why religous rights play a more prominent role in civil rights debates in the USA than in the UK