comparing civil rights Flashcards

1
Q

which constitution is better at protecting and promoting civil rights?

A

US constitution is better
-has the bill of rights
-constitution is entrenched and sovereign, meaning rights are enshrined and inalienable
-there’s more of a positive rights culture e.g. freedom to
UK constitution
-civil rights aren’t entrenched
-more of a negative rights culture e.g. freedom from

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2
Q

which supreme court is better at promoting and protecting civil rights?

A

US supreme court is better
-can strike down laws
-judges can refer to codified constitution
UK supreme court
-has limited power due to parliament’s sovereignty
-however both courts have made landmark rulings on civil rights

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3
Q

are pressure groups in the US or the UK better at protecting and promoting civil rights?

A

US is better
-more access points for PGs due to separation of powers and federal nature of constitution
-in the constitution there is the protected right to lobby and to free speech in 1st amendment
-but historically PGs in both countries have been involved in significant civil rights promotions e.g. civil rights movement of 1950s and 60s and NAACP (US), marriage (same sex couples) act 2013 and Stonewall (UK)

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4
Q

point of similarity:

A

-both nations have expansive civil rights cultures
-both nations have strong legal frameworks for protecting civil rights - e.g. statue law such as HRA in UK, for the US its the constitution that enhances civil rights
-both have independent SCs to rule on issues concerning civil rights
-both have institutional mechanisms for protecting civil rights e.g. U.S. Equal Employment Opportunity Commission and the U.K. Equality and Human Rights Commission
-both nations have a cultural emphasis on rights - freedom of speech is valued as a cornerstone of democracy, clear social commitment to expanding rights through equality movements e.g. BLM

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