Are Civil Rights Better Protected In The US? Flashcards
What are the three ways rights are protected in the UK and US?
-civil rights legislations
-the supreme courts
-pressure groups
What civil rights legislation is there in the US? - 1
-civil rights act 1964 signed into law by B.Johnson
What did this act do?
-banned racial discrimination in voting
-prohibited voting restrictions e.g literacy tests preventing A-A voting
-entrenched rights
What laws did this act also influence?
-Griggs v Duke Power Co. 1971
What did this law establish?
-important principles such as disparate impact discrimination
-strengthened protections against indirect discrimination
How has this civil rights act changed to better protect rights?
-amended to cater for continuously emerging rights
-e.g. equal employment opportunity act + roe v wade 1973
What act is there in the UK that corresponds to this?
-Human Rights Act 1998
-equality act 2010
What did the 2010 equality act bring together?
-brought together pieces of equality legislation
What is an example of this?
-equal pay act 1970
-race relations act 1976
-disability discrimination act 1995
-employment equality acts 2003 + 2006
What did this act do?
-broadened civil rights offer ending a modern comprehensive framework
-included more recent acts = modernising
What did the UK civil rights legislation allow for?
-positive action
-specific measures to help underrepresented
How was this positive action achieved?
-recruitment
-training or outreach programmes
How is this different to the US?
-US affirmative action policies in gov contracting
-limited scope + faced legal challenges
What is an example of this?
-Fisher v Uni of Texas Austin
-over admissions policies
What happened in this case?
-Fisher claimed discriminated against for race = violated rights
-SC ruled no violation as mild
What is the overall judgement considering the US?
-rights better protected
-legislation entrenched with codified + so hard to remove or amend
What is the overall judgement considering the UK?
-uncodified - easily replaced or removed
-e.g. June 2022 gov bill remove HRA replace with bill of HR bill