comparing the protection of rights (US & UK) 4.6

Question 1

Civil Rights in the USA

Answer 1

• Civil rights are written in the Constitution, especially in the Bill of Rights and later amendments.
• They also appear in laws passed by Congress, such as Civil Rights Acts, the Voting Rights Act (1965), the Americans with Disabilities Act (1990), and the Lilly Ledbetter Fair Pay Act (2009).

Question 2

Executive Orders and Civil Rights

Answer 2

• The President can issue executive orders to protect civil rights.
• Example: President Truman’s 1948 order desegregating the armed forces.

Question 3

Failures in Protecting Rights in the USA

Answer 3

• Despite constitutional provisions, racial discrimination persisted post-Civil War.
• The “separate but equal” doctrine from Plessy v Ferguson (1896) did not protect black Americans’ rights.
• The Twenty-Fourth Amendment (1964) did not immediately end voter discrimination.

Question 4

Rights Not Protected by Laws

Answer 4

• The Defense of Marriage Act (1996) did not protect same-sex marriage rights.
• Affirmative action was seen by some in the white majority as unprotective of their rights, especially in education.

Question 5

Improved Rights Protection in the USA

Answer 5

• Rights for people with disabilities, minority ethnic groups, and women are more effectively protected today.
• This protection is due to the combined actions of courts, presidents, legislators, and pressure groups.

Question 6

Rights Protection in the UK

Answer 6

• Without a codified constitution, rights were traditionally protected by Parliament, a culture of liberty, and the courts (Dicey’s “three pillars of liberty”).
• The Human Rights Act (1998) incorporated the European Convention on Human Rights into UK law.

Question 7

Judiciary’s Role in the UK

Answer 7

• The judiciary protects rights through judicial review, ruling government actions as ultra vires, upholding the Human Rights Act, declarations on common law, and judicial inquiries.

Question 8

Difference in Rights Protection: USA vs UK

Answer 8

• In the UK, rights are not entrenched and are protected by ordinary legislation, not by special amendment procedures.
• The Conservative government’s plan to replace the Human Rights Act with a British Bill of Rights could be done by simple majorities in Parliament.

Question 9

Protected Characteristics and Acts in the UK

Answer 9

• The Equality Act (2010) protects groups with protected characteristics, such as disability, ethnicity, and sexual orientation, from discrimination.
• The Freedom of Information Act (2000) makes public bodies more accountable.

Question 10

Debate on Rights and National Security in the UK

Answer 10

• Post-2005 London bombings, legislation aimed at detaining terror suspects and curbing religious extremism faced opposition.
• There was debate over where national security trumps freedom of religion and speech.

Question 11

Rights Protection in the UK and USA: Summary

Answer 11

• Both countries value the rule of law, emphasizing the protection of individual rights and respect for law enforcement.
• In the USA, rights protection relies on the courts and the Constitution.
• In the UK, Parliament is the main guarantor of civil rights, reflecting where ultimate sovereignty lies.