democracy and participation Flashcards
what are human rights?
any right that is believed to belong to every person, includes the right to life, freedom from torture and free speech
what are civil rights?
any right that belongs to a person as a citizen, includes equality under and law and employment and the right to vote
what are legal obligations?
alongside rights, citizens have obligations, such as the obligation to pay tax, to vote and to engage in the political community
when was the Magna Carta written?
1215
when was the European convention of human rights formed?
1950
when was the human right act passed?
1998
when was the equality act passed?
2010
what is the Magna Carta?
oldest statement of rights in the UK, it was presented to King John by nobels who disapproved of his tyrannical rule, it was to restrict the power of the monarch
what clause of the Magna Carta is seen as the foundation of human rights?
‘to no one will we sell, to no one deny or delay right or justice’
this established the right to trial by jury and to habeas corpus
what is habeas corpus?
in latin means ‘you may have the body’
established the foundation of the right to a fair trial
what is the European Convention on Human Rights?
formed as a reaction to the violation of human rights during the Second World War
set up the European court of human rights to hear cases where people felt that their rights had been infringed in their own countries. the UK was on of the signatories
what are the limitations of the European convention on human rights?
although UK citizens were allowed to appeal to the court, it was time consuming and expensive
what is the human rights act?
passed by the new labour government
incorporated the ECHR into the law, allowing citizens to challenge laws in UK courts rather than having to go the the European court
clearly established positive rights (e.g. right to life, freedom from torture)
when was the freedom of information act passed?
2000
why was the freedom of information act created?
introduced to create a more open system of government and give citizens the ‘right to know information regarding how and who made decisions
what did the freedom of information act allow?
allows the public to access filed from any government body, anyone can request information and has a right to have it given to them
however there are major exceptions, especially regarding national security
the 2009 expenses scandal was the result of this
what is the equality act 2010?
identified nine protected characteristics and made it illegal to discriminate against people on any of these grounds in the workplace or in wider society
what are the nine characteristics identified in the equality act?
age, disability, gender reassignment, marriage, pregnancy, race, religion, sex and sexual orientation
how are rights protected in the UK?
judicial review
common law
statute law
what is judicial review?
a review of ministers and officials decisions to ensure they are lawful and compliant with the HRA
judges can declare acts as unlawful but cannot legally compel parliament to make changes because of parliamentary sovereignty
what is an indicator of the growing prominence of rights?
the increased use of judicial review, the number of reviews rose from 4240 in 2000 to 15,600 by 2013
what is a successful example of judicial review?
high court ruling that retired Gurkha soldiers should be allowed to settle in the UK, after they were unlawfully refused the right to do so
what is common law?
rules that have been established through customs
it is left to judges to interpret what they are
what is statute law?
laws produced by parliament
takes precedence over common law
what are the conflicts between individual rights and collective rights?
rights to privacy vs freedom of press
freedom of expression vs upholding religious/racial tolerance
right to protest vs right to peaceful existence
freedom of movement/assembly vs security and safety of the nation
what is an example of the conflict between individual and collective rights?
2008 the high court awarded Max Mosley, head of F1 organisation, substantial damages when the news of the world published a story about his sex life which he argued breached his privacy
what are possible threats to civil liberties in the UK?
surveillance - uk has more surveillance cameras than any other country (2010 one CCTV camera for every 14 people)
political demonstrations - police are increasingly using powerful public order laws to prevent legitimate protests
anti-terrorism - has led the police to make excessive use of powers of search and interrogation on the grounds of national. security
are rights well protected in the UK? (yes)
the HRA and other laws mean rights mean rights are clearly set out
a rights based culture has been established (increased judicial review)
pressure groups work to stop government undermining rights (e.g. liberty)
are rights well protected in the UK? (no)
citizens rights have been restricted as a result of anti-terrorism
the right to protest near parliament has been restricted (a proposed crime, sentencing and courts bill would impose time limits and maximum noise limits)
parliamentary sovereignty means parliament can repeal or amend the human rights act (not constitutionally protected like the US)
why is judicial review controversial?
it means that unelected judges are in effect making policy
it is costly and most reviews end up siding with the government anyways
what are residual rights?
everything that is not forbidden belongs to our rights
example of anti-terrorism restricting rights
9/11 attach in the US and the 7/7 London Underground bombings led to limited civil liberties. ministers argued they were entitled to detain terror suspects without trial on the grounds that a national emergency existed but the Lords ruled that this was discriminatory
what is undeserved protection?
debate as to whether human rights should be used to protect the rights of a person who may be seen by others as not deserving protection
example of undeserved protection
ECHR prevented deportation of Abu Qatada after making speeches justifying the use of violence to promote the islamist cause. he argued if he returned to Jordan we would be tried using evidence obtained under torture, a breach of the HRA
what are pressure groups?
a group of like-minded people who seek to influence power by influencing the government to adopt their ideas
what are 4 types of pressure groups?
sectional groups
cause groups
insider groups
outsider groups
what are sectional groups?
seek to promote the interests of an occupation or another group of society (restricted membership)
e.g. national union of teachers
what are cause groups?
focused on achieving a particular goal or drawing attention to an issue (open membership)
e.g. Greenpeace
what are insider groups?
accepted by the government and consulted when policies are being drafted, they rely on contacts with ministers and civil servants to achieve their aims, more discreet
e.g. national farmers’ union
what outsider groups?
not closely associated with government, because they are unable to or choose not to to preserve its independence and reputation. mobilise public opinion to put pressure on government
e.g. campaign for nuclear disarmament
methods used by insider groups
- access key decision makers to argue their case directly
- provide specialist information and advice when government is considering new legislation, in return for influence over policy
methods by outsider groups
- mass public campaigns such as marches and demonstrations to put pressure on government e.g extinction rebellion block major roads
- publicity stunts
- social media, e-petitions and internet to raise public support
- civil disobedience and illegal activities, e.g. some of those who took part in 2010 student demonstrations against increased university tuition fees were prosecuted for disorderly conduct
examples of direct action
- trade unions going on strike
- well funded groups can take legal action e.g. countryside alliance tool its case against banning of fox hunting to the high court in 2004
what factors influence the success of groups?
- resources
- tactics and leadership
- public support/size
how do resources influence the success of pressure groups?
large groups with subscriptions can run offices, pay permanent staff and organise publicity e.g. RSPCA employs 1600 people and pays for full-page advertisements in national newspapers
how do tactics and leadership influence the success of pressure groups?
experienced, capable leadership is vital e.g. RSPCA collaborated with league against cruel sports and international fund for animal welfare to secure ban on hunting with dogs 2004 so they weren’t competing against each other
another key is to know which ‘access points’ in the political system to target, where they can apply pressure
how do public support and size influence the success of pressure groups?
if their agenda is in line with public opinion they are more successful, e.g. the snowdrop campaign to ban the use of handguns was successful because of public reaction to 1996 Dunblane Primary school massacre, where a gunman killed 16 children and their teacher
the size of pressure groups can be important in persuading government, however campaign for nuclear disarmament had 110,000 members in mid-1980s but Thatcher government ignored its demonstrations
what is a pluralist democracy?
government makes decisions as a result of various ideas and contrasting arguments from competing groups and organisations
what are think tanks?
organisations formed to research policies and advise governments. more successful if government is sympathetic to their views
e.g. when Thatcher was in power the centre for policy studies and Adam smith institute were influential due to support for free-market economics and traditional morality
what are lobbyists?
work for clients to influence decisions made by government, controversial because suggest influence can be bought by those who can afford lobbyists fees
what are corporations?
try to pressure government and lawmakers into adopting favourable legislation or relaxing regulations. e.g. tobacco industry campaigned against proposals to make cigarette packages plain in 2013
‘revolving door’, where senior politicians and officials take well paid jobs in private sector after leaving government. number of former ministers taking up jobs outside parliament rose by 60% in 2017
