Are Civil Rights Better Protected In The US? Flashcards

1
Q

What are the three ways rights are protected in the UK and US?

A

-civil rights legislations
-the supreme courts
-pressure groups

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2
Q

What civil rights legislation is there in the US? - 1

A

-civil rights act 1964 signed into law by B.Johnson

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3
Q

What did this act do?

A

-banned racial discrimination in voting
-prohibited voting restrictions e.g literacy tests preventing A-A voting
-entrenched rights

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4
Q

What laws did this act also influence?

A

-Griggs v Duke Power Co. 1971

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5
Q

What did this law establish?

A

-important principles such as disparate impact discrimination
-strengthened protections against indirect discrimination

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6
Q

How has this civil rights act changed to better protect rights?

A

-amended to cater for continuously emerging rights
-e.g. equal employment opportunity act + roe v wade 1973

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7
Q

What act is there in the UK that corresponds to this?

A

-Human Rights Act 1998
-equality act 2010

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8
Q

What did the 2010 equality act bring together?

A

-brought together pieces of equality legislation

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9
Q

What is an example of this?

A

-equal pay act 1970
-race relations act 1976
-disability discrimination act 1995
-employment equality acts 2003 + 2006

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10
Q

What did this act do?

A

-broadened civil rights offer ending a modern comprehensive framework
-included more recent acts = modernising

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11
Q

What did the UK civil rights legislation allow for?

A

-positive action
-specific measures to help underrepresented

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12
Q

How was this positive action achieved?

A

-recruitment
-training or outreach programmes

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13
Q

How is this different to the US?

A

-US affirmative action policies in gov contracting
-limited scope + faced legal challenges

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14
Q

What is an example of this?

A

-Fisher v Uni of Texas Austin
-over admissions policies

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15
Q

What happened in this case?

A

-Fisher claimed discriminated against for race = violated rights
-SC ruled no violation as mild

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16
Q

What is the overall judgement considering the US?

A

-rights better protected
-legislation entrenched with codified + so hard to remove or amend

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17
Q

What is the overall judgement considering the UK?

A

-uncodified - easily replaced or removed
-e.g. June 2022 gov bill remove HRA replace with bill of HR bill

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18
Q

What was wrong with this decision?

A

-but not supported by public
-ignored recommendations of independent HRA review set up by gov

19
Q

How does the US SC protect rights? - 2

A

-strike down legislation infringing on constitutional rights

20
Q

What is an example of this?

A

-Brown v Board of Education 1954

21
Q

What occurred in this case?

A

-SC struck down racial segregation public schools
-under equal protection clause 14th amendment

22
Q

How does the US SC also protect civil rights?

A

-through landmark rulings
-interpretative amendments

23
Q

What are examples of this?

A

-row v wade 1973 - abortion right
-obergefell v hodge 2015 - right to same sex marriage

24
Q

How does the UK SC protect rights?

A

-declare act incompatible with HRA 1998
-refer matter back to parl for consideration + review

25
Q

What is an example of this?

A

-Hirst v UK 2005
-ban on prisoners voting which violated rights under article 3 ECHR

26
Q

What happened in this act?

A

-SC declared incompatibility
-but allowed certain prisoners right to vote + others not depending on sentence

27
Q

What else can the UK SC do to protect rights?

A

-can’t make landmark rulings but uses judicial review

28
Q

How does the UK SC use judicial review to protect rights?

A

-interpret laws to give effect to HR protections
-limit scope of laws ensuring compatibility - issue ruling narrowing application of law to ensure no infringe of HR

29
Q

What is an example of thus?

A

-R v Ministry of justice 2014

30
Q

What was this act concerning?

A

-concern about nature of law prohibiting assisted suicide
-suggested parl reconsider given societal views on issue

31
Q

What is the overall judgement for the US SC?

A

-more powerful protecting rights
-power strike down + landmark rulings

32
Q

What is the overall judgement for the UK SC?

A

-less signif as no power strike down + only declare incompatibility
-doesn’t always work out in SC favour

33
Q

How are US pressure groups used to protect civil rights? - 3

A

-many access points due to separation of powers
-use courts frequently as SC strike down etc.

34
Q

What is an example of this?

A

-gun right campaigns + second amendment
-NRA use financial resources for electioneering which gave degree of influence over US politicians

35
Q

What is another pressure groups?

A

-the American civil liberties union - ACLU
-fought for first amendment protection

36
Q

What did they do?

A

-representing groups denied right to protest etc.
-fought for LGBTQ+ rights

37
Q

What is an example of this?

A

-LGBTQ+ healthcare provisions act 2010

38
Q

How do UK pressure groups protect civil rights?

A

-campaign for women’s rights more successful
-US no right to paid maternity leave but UK pay for 39 wks

39
Q

How is this seen?

A

-US in right to paid maternity leave
-but UK pay for up to 39 wks

40
Q

How else is this used?

A

-Uk abortion legal since abortion act 1967
-but US roe v wade 1973 overturned 2022 by Trump

41
Q

What is the fawcett society pressure groups?

A

-campaign for gender equality
-gender pay gap reporting against discriminatory practices that contribute to the gap

42
Q

How do they campaign?

A

-media e.g. #thisiswhatequalitylookslike
-equal pay for women etc.

43
Q

What is the overall judgement for US pressure groups?

A

-more access point due separation powers
-more financial resources e.g. $3.47b spent on lobbying one year

44
Q

What is the overall judgement for UK pressure groups?

A

-limits on election spending, supporting or opposing candidates + their policies on rights etc.