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
What was wrong with this decision?
-but not supported by public
-ignored recommendations of independent HRA review set up by gov
How does the US SC protect rights? - 2
-strike down legislation infringing on constitutional rights
What is an example of this?
-Brown v Board of Education 1954
What occurred in this case?
-SC struck down racial segregation public schools
-under equal protection clause 14th amendment
How does the US SC also protect civil rights?
-through landmark rulings
-interpretative amendments
What are examples of this?
-row v wade 1973 - abortion right
-obergefell v hodge 2015 - right to same sex marriage
How does the UK SC protect rights?
-declare act incompatible with HRA 1998
-refer matter back to parl for consideration + review
What is an example of this?
-Hirst v UK 2005
-ban on prisoners voting which violated rights under article 3 ECHR
What happened in this act?
-SC declared incompatibility
-but allowed certain prisoners right to vote + others not depending on sentence
What else can the UK SC do to protect rights?
-can’t make landmark rulings but uses judicial review
How does the UK SC use judicial review to protect rights?
-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
What is an example of thus?
-R v Ministry of justice 2014
What was this act concerning?
-concern about nature of law prohibiting assisted suicide
-suggested parl reconsider given societal views on issue
What is the overall judgement for the US SC?
-more powerful protecting rights
-power strike down + landmark rulings
What is the overall judgement for the UK SC?
-less signif as no power strike down + only declare incompatibility
-doesn’t always work out in SC favour
How are US pressure groups used to protect civil rights? - 3
-many access points due to separation of powers
-use courts frequently as SC strike down etc.
What is an example of this?
-gun right campaigns + second amendment
-NRA use financial resources for electioneering which gave degree of influence over US politicians
What is another pressure groups?
-the American civil liberties union - ACLU
-fought for first amendment protection
What did they do?
-representing groups denied right to protest etc.
-fought for LGBTQ+ rights
What is an example of this?
-LGBTQ+ healthcare provisions act 2010
How do UK pressure groups protect civil rights?
-campaign for women’s rights more successful
-US no right to paid maternity leave but UK pay for 39 wks
How is this seen?
-US in right to paid maternity leave
-but UK pay for up to 39 wks
How else is this used?
-Uk abortion legal since abortion act 1967
-but US roe v wade 1973 overturned 2022 by Trump
What is the fawcett society pressure groups?
-campaign for gender equality
-gender pay gap reporting against discriminatory practices that contribute to the gap
How do they campaign?
-media e.g. #thisiswhatequalitylookslike
-equal pay for women etc.
What is the overall judgement for US pressure groups?
-more access point due separation powers
-more financial resources e.g. $3.47b spent on lobbying one year
What is the overall judgement for UK pressure groups?
-limits on election spending, supporting or opposing candidates + their policies on rights etc.
