comparing the protection of rights (US & UK) 4.6

Question 1

where are civil rights seen in the USA

Answer 1

• Constitution, especially = Bill of Rights and later amendments.

CONGRESS
- Civil Rights Acts
- Voting Rights Act (1965)
- Americans with Disabilities Act (1990)
- Lilly Ledbetter Fair Pay Act (2009).

Question 2

when did executive orders protect civil rights

Answer 2

President Truman’s 1948 order desegregating the armed forces.

Question 3

when did executive orders fail to protect civil rights

Answer 3

• racial discrimination persisted post-Civil War.
• “separate but equal” doctrine from Plessy v Ferguson (1896) did not protect black Americans’ rights.
• 24th Amendment (1964) did not immediately end voter discrimination.

Question 4

what are rights which are not protected by laws

Answer 4

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

Question 5

how has rights protection improved in the US

Answer 5

• Rights for people with :
  disabilities, minority ethnic groups, women are more effectively protected today.
• protection due to: courts, presidents, legislators, and pressure groups.

Question 6

how has rights protection improved in the UK

Answer 6

• Without a codified constitution = rights protected by Parliament, a culture of liberty, and the courts (Dicey’s “three pillars of liberty”).
• HRA (1998) incorporated ECHR into UK law.

Question 7

what is the judiciary’s role in the UK

Answer 7

• protects rights through judicial review
• rules government actions as ultra vires
• upholds the HRA
• declarations on common law
• judicial inquiries.

Question 8

Difference in Rights Protection: US vs UK

Answer 8

• UK = rights not entrenched and protected by ordinary legislation, (not by special amendment procedures.)
• Con plan to replace the HRA => British Bill of Rights (could be done by simple majorities in Parliament.)

Question 9

Protected Characteristics and Acts in the UK

Answer 9

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

Question 10

Debate on Rights and National Security in the UK

Answer 10

• London bombings = legislation aimed at detaining terror suspects and curbing religious extremism faced opposition.
• national security > freedom of religion and speech.