2.1.1 Citizenship in a democracy Flashcards
Definition of citizenship
The position/ status of being a citizen of a particular country, whereby a citizen is a legally recognised subject or national of a state or commonwealth, either native or naturalised.
- The relationship between the individual and the state, bound together by reciprocal rights and duties.
What is a state?
A state is a legal, legitimate and independent political entity declared by citizens.
What is an ‘Alien’?
An alien is he exclusion of one as a non-citizen.
Examples include: Prisoners
Rights of Citizenship
Civil rights: The rights that one citizen is legal to hold and exercise, e.g. Freedom of speech
Political rights: The rights of one to participate in politics, e.g. To stand for election
Social & welfare rights: Right of one to participate in social activities and enjoy welfare provided by the state
Define Rule of Law
(Example question for Section A: Using examples, briefly outline/ describe the role/ main features of Rule of Law.”)
(Example question for Section B: Using Extract as well as your own knowledge, .. (can’t formulate)
(Example question for Section C: Discuss the challenges of Rule of Law in modern UK politics/ Assess the extent to which Rule of Law functions in UK)
The restriction of the arbitrary exercise of power by subordinating it to well-defined and established laws.
According to AV Dicey,
1) No one should be punished except for breaches of law
2) All men is equal before the law (legal equality)
3) When the law is broken there must be certainty of punishment
4) Rights and liberties of individual are embodied in the ordinary law of the land.
Quotes of AV Dicey:
“With us no man is above the law [and] every man, whatever be his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals.”
(Amenable to: Susceptible)
“No man is punishable or be lawfully made to suffer in body or goods except for a distinct breach of law established in the ordinary legal matter before the ordinary Courts of the land.”
Implications of Rule of Law: Presumption in favour of liberty: everything which is not expressly prohibited is permitted.
Judicial independence is required for rule of law to function.
Definition of Human Rights.
Collective rights that is believed to belong justifiably to every person.
Human rights are norms that help to protect all people everywhere from severe political, legal, and social abuses.
Examples include: The right of freedom of religion, The right to a fair trial, The right not to be tortured, And the right to engage in political activity.
“All human beings are born free and equal in dignity and rights.” - Article 1, UDHR
State 3 main sources of rights for a citizen of the United Kingdom.
1) European Convention on Human Rights
2) Human Rights Act 1998
3) British Bill of Rights
And other relevant contemporary legislation (e.g. Universal Declaration of Human Rights) including that on racial and gender equality.
Describe Positive and Negative Freedoms.
Negative liberty (freedom) is the absence of obstacles, barriers or constraints. Positive liberty (freedom) is the possibility of acting - or the fact of acting, in such a way as to take control of one's life and realise one's fundamental purposes.
Simplify,
Negative liberty refers to the absence of something (i.e. Of obstacles, barriers, constraints or interference from others),
Whilst Positive liberty requires the presence of something (i.e. Of control, self-mastery, self-determination or self-realisation).
- Rival, incompatible interpretations of a single political ideal.
Put in the simplest terms, one might say that a democratic society is a free society because it is a self-determined society, and that a member of that society is free to the extent that he or she participates in its democratic process. But there are also individualist applications of the concept of positive freedom. For example, it is sometimes said that a government should aim actively to create the conditions necessary for individuals to be self-sufficient or to achieve self-realization. The welfare state has sometimes been defended on this basis, as has the idea of a universal basic income. The negative concept of freedom, on the other hand, is most commonly assumed in liberal defences of the constitutional liberties typical of liberal-democratic societies, such as freedom of movement, freedom of religion, and freedom of speech, and in arguments against paternalist or moralist state intervention. It is also often invoked in defences of the right to private property. This said, some philosophers have contested the claim that private property necessarily enhances negative liberty (Cohen 1991, 1995), and still others have tried to show that negative liberty can ground a form of egalitarianism (Steiner 1994).
Describe absolute rights.
The most important and/or narrow rights that cannot ne overridden in any circumstances. Examples include:
-torture, slavery, fair trial, marriage and education.
Describe conditional rights.
(Important) Rights are absolute, but subject to exceptions.
Examples include: right to life, forced labour, physical liberty and voting rights (Civil Death, Prisoners not allowed to vote, except prisoners on temporary release and at home under curfew, starting 12/2017).
Describe qualified rights.
Qualified rights are the rights that can be overridden if the court thinks appropriate on defined grounds relating to the public interest and the rights of others
Including Privacy, family life, thought, conscience and religion, freedom of expression, assembly, association and private property.
Describe Civil Rights and Political Rights.
Civil Rights - Right who one citizen is legal to hold and exercise, e.g. Freedom of speech
Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one’s choice. - Article 13.1, American Convention on Human Rights
Political rights - The rights of one to participate in politics e.g. The right to stand for election, public office, election and the right of election.
Every citizen shall have the right to participate freely in the government of his country, either directly o through freely chosen representatives in accordance with the provisions of the law. - Article 13, African Charter
Most civil and political rights are not absolute, and can in some cases be overridden by other considerations. E.g. The right to freedom of movement can be restricted/ suspended after a disaster, to keep out the curious, permit access of emergency vehicles, and to prevent looting.
The International Covenant on Civil and Political Rights permits rights to suspended during times “of public emergency which threatens the life of the nation” (Article 4), but excludes some rights from suspension including the right to life, prohibition of torture, prohibition of slavery, prohibition of ex post facto criminal laws, and freedom of thought and religion.
Describe Social and Welfare Rights.
Social and Welfare rights is the Right of one to participate in social activities and enjoy welfare provided by the state.
Social (or “Welfare”) rights address matters such as education, food, and employment.
Social rights are often alleged to be statements of desirable goals but not really rights (or also known as ‘Social Citizenship’). These rights (except the right to education) are not included in the European Convention, instead were put into a separate treaty, the European Social Charter. The United Nations treated economic and social standards in a treaty (A.K.A. “Social Covenant”, the International Convenant on Economic, Social, and Cultural Rights) separate from the one dealing with civil and political rights.
Describe Active Citizenship.
Active citizenship is the belief of increased participation of citizens in community (society), social duties and responsibilities.
It help constructs a participative democracy, where between civil society and decision-makers is a continuous dialogue.
An example of active citizenship is volunteering.
What is the “European Convention on Human Rights”?
The European Convention on Human Rights (ECHR) is an international treaty adopted in 1950 which entered into force on 3/9/1953. It was the first Council of Europe Convention to deal with the protection of Human Rights and Fundamental Freedom. The convention is described as a “living instrument”, which is able to adapt to the changes taking place in our societies.
