Democracy and Participation Flashcards
(121 cards)
1
Q
What is meant by the term government?
A
The activity or system of governing a political unit. The set of institutions that exercise authority and make the rules of a political unit.
2
Q
What is meant by the term executive?
A
The branch of government responsible for the implementation of policy.
3
Q
What is meant by the term legislature?
A
The branch of government responsible for passing laws.
4
Q
What is meant by the term judiciary?
A
The branch of government responsible for interpreting the law and deciding upon legal disputes.
5
Q
What is meant by the term elective dictatorship?
A
When there is excessive concentration of power in the executive branch of government.
6
Q
The Westminster Model is a form of government in which Parliament is…
A
sovereign, the executive and legislature are fused and political power is centralised.
7
Q
In the Westminster Model, the constitution is…
A
uncodified and can be easily amended.
8
Q
The Westminster Model is a system of representative democracy which ensures that…
A
government is held accountable through elections.
9
Q
What are two advantages of the Westminster model?
A
The government is accountable to parliament for its actions and to the people through elections.
The rule of law defends basic civil liberties and ensures that power is not exercised arbitrarily. Ministers and officials aren’t above the law.
10
Q
What are two disadvantages of the Westminster model?
A
There can be elective dictatorship through parliamentary sovereignty, the single-member plurality electoral system and executive dominance of the legislature, so parliament can do whatever it wants.
Power is concentrated at the centre so decisions are not taken close to the people.
11
Q
What is the definition of democracy?
A
Democracy is a form of government in which the major decisions rest directly or indirectly on the freely given consent of the majority of the adults governed.
12
Q
What is direct democracy and give an example?
A
Every citizen is able to participate directly in decision making. Eg. in Switzerland residents gather four times a year to vote on decisions like pension plan. If a case gains 50,000 signatures within 100 days, it becomes a referendum voted by the public.
13
Q
What is indirect/ representative democracy and give an example?
A
Citizens elect representatives to make decisions for them. Popular participation in decision-making is limited. These representatives are chosen and removed at election time. The electoral process gives citizens control over government. Eg. the House of Commons
14
Q
What is majoritarian democracy?
A
This is a system whereby the will or desires of the majority of the population are the prime considerations of the government.
15
Q
What is parliamentary democracy?
A
This is a system where parliament stands as the highest form of authority. The executive branch is drawn from and accountable to the people’s representatives in parliament.
16
Q
What is presidential democracy?
A
This is a system where the executive is elected separately from the legislative body and is therefore chosen by and directly accountable to the people.
17
Q
Why are democratic states legitimate?
A
Legitimacy is associated with political stability and order.
It arises from below, through the consent of the public, usually provided by regular and competitive elections.
It is based on rule-governed behaviour, in this case achieved through the existence of a constitution.
18
Q
What are the features of democratic states?
A
Free, fair and frequent elections
Universal suffrage (right to vote)
Civil liberties (equal treatment under law)
Constitutional government
Free, independent media
Capitalist economy (liberal choice)
19
Q
With genuine democracy, what is the advantage of direct democracy and disadvantages of representative democracy?
A
Advantage: People only have to obey laws they make themselves. Participation in government is freedom.
Disadvantage: People feel powerless about making change as they have little meaningful control over government.
20
Q
With personal development, what is the advantage of direct democracy and disadvantages of representative democracy?
A
Advantage: Citizens become informed about how society works and how it should work.
Disadvantage: Infrequent voting means people are less likely to learn about alternative choices and their likely outcomes.
21
Q
With end of professional politics, what is the advantage of direct democracy and disadvantages of representative democracy?
A
Advantage: It reduces/removes the public’s dependence on self-serving politicians, increasing public trust and development of long-term solutions.
Disadvantage: politicians are not socially representative of everyone and care more about winning elections than the people.
22
Q
With legitimate government, what is the advantage of direct democracy and disadvantages of representative democracy?
A
Advantage: people are more likely to accept decisions they have made themselves, which means political stability.
Disadvantage: voter turnout in the UK is low and people are increasingly disengaged from politicians.
23
Q
With practicable democracy, what is the advantage of representative democracy and the disadvantage of direct democracy?
A
Advantage: it can operate in large, modern societies, so it is a practical solution.
Disadvantage: it is only achievable in relatively small communities as it is hard to get together for meetings.
24
Q
With division of labour in politics, what is the advantage of representative democracy and the disadvantage of direct democracy?
A
Advantage: it is more efficient as citizens are not burdened with day-to-day decision making.
Disadvantage: it’s restricts citizens’ ability to carry out other duties and work except politics.
25
With government by experts, what is an advantage of representative democracy and a disadvantage of direct democracy?
Advantage: politicians have greater expertise and education, so act in the public interest.
Disadvantage: many big issues don't have clear solutions, so it is not sensible.
26
With political stability, what is the advantage of representative democracy and the disadvantage of direct democracy?
Advantage: it distances ordinary citizens from policies so they're encouraged to accept compromise.
Disadvantage: losers may not see the choice as legitimate, creating division in society.
27
What does the term participation crisis mean?
Crisis in citizen involvement in political processes about government undermines the legitimacy of elected institutions.
28
What are the three key areas that show people are unwilling to engage with politics?
Not voting
Not joining political parties
Not engaging with politics due to high levels of dissatisfaction with the current political system
29
What evidence is there that we do not have a participation crisis?
Participation has shifted from voting to disillusionment and cynicism with conventional party politics. This compensates for low voter turnout and declining party membership.
30
What has been happening to turnout in the UK elections in recent years? Can you think of a reason which might explain the trend?
It’s becoming smaller because people are unhappy with the actions of political parties.
31
Which groups of people are participating more? Less?
More- Higher income and education, a managerial and professional jobs, degrees and skills
Less- semi-skilled and unskilled
32
How have voters responded to European and devolved assembly elections?
Voter turnout is consistently lower than for general elections. European Parliament was perceived as remote and lacking power. It is argued that if the devolved governments were given more power then more people would vote.
33
How have voters reacted to referenda (plural of referendum)?
The voter turnout is inconsistent. It's high for matters of considerable historical importance, like the Scottish Independence Referendum, but low for others.
34
Which parties have lost members since the 1950s?
Conservative and Labour
35
What reasons are given for membership decline?
Conservative and Labour represented the middle and working class (respectively). The decline is because class structures are out-of-date, and other divides like age, ethnicity, education and income are more important.
36
Which parties have gained membership since the 1950s?
Liberal Democrats, Green, SNP and UKIP
37
What reasons are given for membership resurgence with the LibDems, Green, SNP and UKIP?
People turn to smaller parties away from Labour and Conservative. People can participate more widely into policy and voting for the party leader rather than being subscribed to the party's clubs (social facilities). A change in a party's political approach, eg. Jeremy Corbyn is more radical.
38
Why is the drop in party membership not a big concern?
Apathy is a sign of contentment for the political process. New forms of participation compensate for this, like signing petitions.
39
What are trade unions and is membership increasing or decreasing?
Organisation made-up of members who are mainly workers. They look after their interests at work by negotiating arguments and discussing big changes. Huge membership decrease to 6.23 million in 2016, as membership was 13.2 million in 1979. There has been an explosion for environment groups. In 2013, nearly one in 10 adults were part of a trade union.
40
Is membership increasing or decreasing for single issue groups?
There has been an increase as they are becoming more commonplace, such as through signing petitions.
41
What is direct action and is membership increasing or decreasing?
Used by social movements to participate in political issues, such as through peaceful protests. There has been an increase in membership which is shown by a mass participation. Eg. BLM Protests in 2020
42
What is political consumerism?
People buy products, like fair trade products, and boycott others to force brands to change and take more responsibility, eg. Fast fashion and anti-sweatshop consumerism.
43
What are petitions?
Campaign organisations like change.org
44
What are E-petitions?
The public can petition the House of Commons and press them for action from the government.
45
What is clicktivism?
The signing of online petitions is part of this, allowing individuals to promote a cause online or through social media. Eg. Contact elected representatives, share and comment on news stories and join crowdfunding activities
46
What are the benefits of individual participation?
People can express their own concerns rather than them being moderated by mass political parties. It engages people in politics in new ways that may revive democracy’s flagging fortunes. It especially gives young people a chance to get involved and be interested in politics. Without it, there would be a minority group showing interest, say now politics is more inclusive and representative.
47
What are the drawbacks of individual participation?
It's a low level of engagement that requires little effort. They are no replacement for political participation like voting or joining a political party.
48
What is the first argument that the UK is suffering from a participation crisis?
There has been a long term decline in voter turnout in the UK general elections. There is also low voter turnout in other types of elections and referendums. Only 2/3 of registered voters actually voted in the 2010 general election.
49
What is the second argument that the UK is suffering from a participation crisis?
There has been a long term decline in party membership since the 1950s in the UK, particularly for the two major parties. There has been a decline in party membership for Conservative and Labour.
50
What is the third argument that the UK is suffering from a participation crisis?
New social movements undermine participation in political parties and voting, so reducing the legitimacy of our elected institutions. The anti-war movement and anti-capitalist movement undermine democratic participation such as working through elections, parties and Parliament.
51
What is the first argument against the UK suffering from a participation crisis?
There are more opportunities to vote in the UK politics, with a revival of turnout in general elections and strong engagements with referendums. In the Brexit referendum, the majority of the UK came together to vote.
52
What is the second argument against the UK suffering from a participation crisis?
There has been a recent revival in party membership on the quality of engagement in political parties is far higher than historically. Increase in party membership for SNP, Green Party, Liberal Democrats and UKIP.
53
What is the third argument against the UK suffering from a participation crisis?
New social movements have created mass engagement in politics in an era of protest politics. New forms of political engagement are replacing the more traditional methods of voting and party membership. Black Lives Matter Protests created a huge wave of interest and political participation as millions of people, especially the youth, got involved three protests, petitions and social media/ political consumerism.
54
What is meant by ‘the franchise’?
The ability and rights of someone to vote in an election.
55
How is the franchise extended in the UK?
Through Acts extended to new minorities.
56
What was the Great Reform Act and when was it?
1832- anyone who owned property worth more than 10 pounds could vote (the middle classes). Size of electorate=8%. Rotten boroughs were abolished and more seats were allocated to the new industrial towns.
57
What was the Second Reform Act and when was it?
1867- Anyone who paid rent worth at least £10 a year or owned a small plot of land (urban working classes and rural middle classes) could vote. Size of electorate=16%
58
What was the Ballot Act And when was it?
1872- introduced the secret ballot prevent voter intimidation and reduced corruption.
59
What was the Corrupt and Illegal Practices Act and when was it?
1883- Rules were established for how much a candidate could spend on what they could spend the money on in a campaign, in order to reduce bribery in elections.
60
What was the Redistribution of Seats Act (third Reform Act) and when was it?
1885- Agricultural labourers (rural working class) could vote. Size of electorate=28%. This reallocated 142 seats from the South of England to the industrial centres of the north and Scotland. This broke the traditional dominance of the South in Westminster politics.
61
What was the Representation of the People Act and when was it?
1969- all men and women aged over 18 could vote. Size of electorate=97%
62
What are the requirements to vote in UK elections?
You have to be aged over 18.
63
Which four groups of people do not have the right to vote in the UK?
Under eighteens
mentally incapable
prisoners
a peer (he sits in the House of Lords).
64
What is plural voting vs. graduate voting?
Never enacted
Where people have more than one vote
John Stuart Mill said everyone would have a vote, however, the most economically able would have up to 5 (professional and business groups)
Abolished in 1950
A vote in the constituency where graduates lived, and another vote for a university MP. This is in return for having paid tuition fees. A socio-economic divide- against
living in 2 places- for
65
What are the 3 arguments for making voting compulsory?
-It would increase public participation at all levels. In Australia and Belgium, voting is compulsory 'none of the above' so turnout rates are typically between 93% and 96%, so participation and legitimacy also improve
-People might be more inclined to join a pressure group or political party, as they have a greater interest in political issues. This leads to improved education and participation
-The money raised from fines could be spent on public education programmes
66
What are 3 arguments against making voting compulsory?
-If it's not compulsory, people wouldn't be forced to vote for a candidate against their wishes. This undermines a fundamental British value
-People might not educate themselves and select a candidate at random
-Repeated forced voting could lead to public apathy and resentment
67
What are 3 reasons for 16 and 17 year olds having the right to vote?
-Young people want to be involved in political issues. In a survey conducted by the NUT, 75% of 18-24 year-olds said they's definitely vote in the next election, also taught about democracy this way
-Political parties would have to adapt their policies to win the votes of young people, issues like tuition fees and welfare payments also impact 16 year olds
-Young people can be more informed than poorly educated adults and have many responsibilities already like facing criminal charges, can make them feel like more valued citizens so get more involved to keep politics alive
Starmer argues that lowering the voting age brings England more in line with Scotland and Wales, and helping people who serve the country
68
What are 3 arguments against 16-and 17-year olds having the right to vote?
-In 2017, 58% of 18-24 year olds voted, a rise from 43% in 2015. Voter turnout is typically low so would be lower with 16 year olds too. More important to increase voter turnout than lower voting age
-No evidence that it'll lead to increased voter turnout. Youth turnout in the Scottish referendum was 75% of 16-18 year olds nut overall turnout in Scotland's GE was still 66.4%. Parties are disinclined to focus policies on issues that affect young people
-The rights of 16-18 year olds are limited. Young people can only make their own decisions once they turn 18. Marriage requires parents' permission, same with armed forces.
69
To what extent do you agree with John Hirst that prisoners should be given the right to vote in the UK?
I agree because a modern prison system is about rehabilitation and respect for the rule of law. Prisoners should have the right of citizens to vote as it complies with their human rights, but I only think this should be the case if their service is under a year. Democracy means that everyone counts. The European Court of Human Rights has ruled that the blanket ban on prisoners is a violation of the HRA 1998. There's no evidence that loss of the franchise acts as a deterrent.
However custodial crimes should be punished by not having a say in how society is run. This prevents crime and enhances civic responsibility. This undermines the principle of justice.
The government's compromise was that those wearing an electronic tag in the community and those on a temporary licence can vote.
70
What are sectional pressure groups with examples?
Groups that campaign for the interest of their members, or a section of society, eg. supporting doctors like the British Medical Association. Also like trade unions, eg. the National Union of Rail, Maritime and Transport Workers. Closed membership- only workers in specific occupation can join. They pressure for the best deal in wages and working conditions, eg. national education union
71
What are causal pressure groups?
They campaign for a particular cause or issue on behalf of those who are unable to campaign for themselves. Membership is open to anyone so relatively easy to join. They often aim to improve society in some way and may take the form of a charity, eg. the Royal Society for the Prevention of Cruelty to Animals or Oxfam. May carry out fundraising, raising awareness, research and education and putting pressure on those in power.
72
What's the difference between a pressure group that has insider status and one which has outsider status?
Insider groups have a special relationship with the government and are given access to officials and decision-makers. Outsider groups do not have such close links with the government and may resort to activities that generate attention from the press in order to publicise their cause and put pressure in the government to take action.
Insider- national education union (teachers), RSPB
Outsider- extinction rebellion (disruptive, climate change), Just Stop Oil
73
What are lobbyists?
Groups that sell political knowledge and influence to their clients with a view to helping them achieve a desired goal.
They advise clients which committees in Parliament to consult etc., media strategy to gain public support, point in the direction of a favourable think-tank to provide relevant research to support campaign, arrange meetings with key players, selling seats next to them or lobbyist has direct access to person in power
74
What are think tanks and how do they impact governance?
Groups that focus on researching and developing policy ideas which may be used to persuade or influence those in power
75
What are the 6 reasons for success for pressure groups?
-Insider status- having close links to the government, insider pressure groups are able to advise and influence ministers directly as events are happening
-Wealth- Financial resources allow pressure groups to pay for things that may help promote their cause, eg. lobbyists, adverts and websites
-Large membership- lots of members means you control a large section of the electorate and have many people ready to take action in terms of signing petitions and organising protests
-Organisation- effective management and coordination will allow a group to maximise its resources and target them effectively to help achieve its goals
-Expertise- a pressure group that has knowledge and expertise in a particular policy area is more likely to be listened to and respected by the government and public
-Celebrity endorsement- a popular celebrity will generate press interest and raise the profile of a cause, and may help to draw new members
76
What are the 5 reasons for failure for pressure groups?
-The goal contradicts a government policy- if the government is determined to follow a particular policy then it's difficult to persuade them to change their mind
-The government can resist pressure from the group- those in power can resist and effectively ignore a group's campaign if they're in a strong enough position
-Countervailing forces- a pressure group may find itself campaigning against another, more powerful/popular, pressure group which 'wins' the debate
-The goals of the group act against popular opinion- governments will be more inclined to follow popular feelings on an issue
-The group alienates the public- eg. a group that partakes in violent/criminal action will be regarded unfavourably and lose support for its goals
77
What are the reasons for and against think tanks?
For:
Beneficial for democracy as they carry out extensive research and release information to the public that helps to educate and inform the electorate. Provide impartial advice to government and draw up proposals in national interest.
Against:
They can publish poor-quality or misleading reports which are then repeated by the media and can lead to the public believing something that's false and making decisions
78
What are the reasons for and against corporations?
For:
May pressurise government into pushing through more favourable legislation or financial assistance by threatening to relocate, and lobbying
Against:
Major (multinational) corporations like Amazon and Microsoft use their position to gain benefits from the UK government, acting in their own interest rather than national
79
What are the reasons for and against lobbyists?
For:
Can provide experts with access to the government to help develop and inform policy making
Against:
Creates an elitist environment where access to the political process goes to those with the most money
It allows wealthy groups to buy insider status
80
What type of pressure groups are RMT and PETA and their methods?
RMT- sectional insider
Promote and defend rights and conditions of members int he transport industry. Influential insider status as they were part of the Labour party until 2004- reduced with Tory. They put candidates up for elections, eg. in 2008 the union put up an anti-EU candidates to the European parliament and created a left wing party, the Trade Unionist and Social Coalition. They routinely use strikes to pressure TFL and social media for awareness BUT public have shown limited support or no sympathy due to strikes, court case rejected
PETA (People for the Ethical Treatment of Animals)- causal outsider
They work through public education, investigate newsgathering and reporting, research, animal rescue, legislation, special events, celebrity involvement and protect campaigns. They use provokative and controversial campaigns, eg. a woman protested topless as a dead goat outside a London Fashion Week venue, against the use of cashmere. Celebrities feature naked in adverts like Alicia Silverstone. They've rescued animals and provided them with shelters and surgeries.
81
What type of pressure groups are Greenpeace and BMA and their methods?
Greenpeace- causal insider NGO
Use lobbying, consumer pressure and mobilising members of the general public. Now increasingly using insider methods (lobbying politicians, holding consultative status at the UN). Recently staged a protest to prevent a ship carrying liquified natural gas from entering France. Political lobbying volunteers who keep in contact with MPs. Failures: 2011-12 they failed to prevent Caim energy from exploring gas reserves in Greenland as their methods alienated the public.
British Medical Association- sectional for doctors insider
Lobbying and campaigning. 190,366 members who they represent since 2023. Represent views of doctors and patients in parliament. They're a contract negotiator for doctors. They use organised strikes with 1000s of workers and issue briefings to MPs and peers.
Doctors are on strike- alienates public.
82
What do pressure groups need to be successful?
It's important for pressure groups to have public support, lots of members, wealth and insider status to be successful.
83
What are the 3 arguments with examples that pressure groups enhance democracy in the UK?
1) Education an d participation- opposing pressure groups means a lot of information is provided for the public and those in power so people can make more informed decisions. Pressure groups are an alternative way for political participation. Low levels suggest an unhealthy democracy, as people need to be involved to give it legitimacy.
Eg. The British Pregnancy Advisory Service (BPAS) is pro-choice. Right to Life is pro-life. Low voter turnout at general elections. Party membership has been in decline since the 1950s. Labour- 485,000 members, Conservative- 180,000 members in 2019. Used to be millions.
2) Protection of minorities- pressure groups can help to apply pressure to defend the rights of minority groups.
Eg. TGEU (transgender group Europe) works across Europe and central Asia to promote trans rights. Campaigns for legal gender recognition, protection from violence and healthcare access. Approximately 1% of the UK population identify as trans/non-binary so vital to protect this marginalised group.
Eg. In August 2021, 100s of trans and non-binary people and allies protested outside Downing Street as they had been failed by the UK healthcare system. They pushed for full reform of the Gender Recognition Act.
2010 Equality Act- protects people from discrimination on the basis of race, gender, religion etc. due to pressure groups pushing for rights of minorities to be protected.
3) Accountability of government- pressure groups campaign to push government on acting on promises they made once they're elected. If campaigns gain enough traction, it can be difficult for the government to ignore.
Eg. July 2020- Boris Johnson pledged to ban conversion therapy. A year later and after a petition (signed by over 250,000 people), campaigners piled on the pressure to the government for not acting quickly enough.
84
What are the 3 arguments with examples that pressure groups impede democracy in the UK?
1) Tyranny of the minority- When certain pressure groups have much more influence than other groups, they dominate the system.
Eg. Shell, BP, Barclays, Tesco etc.
2012- British Bankers' Association had meetings with officials working for government ministers. They weren't required to be recorded as not with actual ministers.
It hinders democracy as they had a direct link to the government 'off the books'. Many suggestions were adopted by the government. The BBA pushed for lighter-touch regulation or delays in implementing stricter financial oversight after the 2008 crash.
Some financial regulatory reforms were watered down or delayed, such as:
Rules on bank capital requirements
Implementation of ring-fencing retail from investment banking (a Vickers Commission recommendation)
Critics said this allowed banks to continue risky practices that had contributed to the crash.
2) Empower the powerful- outsider pressure groups are locked out of conversations about government policy.
Eg. National Farmers' Union is an insider group so is a lot more likely to influence legislation and policy, as opposed to Extinction Rebellion. Groups with no wealth are marginalised and unable to participate in hiring people to navigate politics. Eg. refugees, asylum seekers and the mentally ill having a democratic deficit.
3) A revolving door- 'revolving door' between Parliament and big business. Former ministers take up jobs outside Parliament and then use their close connections to secure deals and support for their ideas.
Eg. 2017- former chancellor George Osborne criticised for accepting a job as the editor of Evening Standard. David Cameron spoke to chancellor Rishi Sunak, lobbying for financial support for the company Greensill.
Some pressure groups have an advantage- much more likely to be able to influence legislation in their favour.
85
What think-tank is Conservative and what's their focus/impact on government policy?
Policy Exchange:
Free schools, Police and Crime Commissioners, Garden Villages and protecting the armed forces from lawfare.
Oct 2022- MPs from Labour, Conservative and SNP MP announced a 'biology matters' policy unit at policy exchange.
Liz Truss' ideas came from the Policy Exchange, they failed her. Eg. massive unfunded tax cuts for economic growth including abolishing the 45p top tax rate and deregulation zones
So did Boris Johnson's, but to a lesser extent. Reports on threats to free speech in universities, judicial activism, and “lawfare” were picked up by ministers under Johnson.
This played into attacks on “activist lawyers” and support for veterans' legal immunity.
86
What think-tank is Socialist and what's their focus/impact on government policy?
The Fabian Society:
They're affiliated to the Labour party and work closely with Labour politicians, as well as influencing debate across the political spectrum. Contribution to Labour- Ed Balls' 1992 discussion paper advocating Bank of England Independence.
Jeremy Corbyn was heavily influenced by the Fabian Society. Tony Blair was less influenced.
87
What think-tank is Liberal and what's their focus/impact on government policy?
Institute for Public Policy Research
Aims to maintain the momentum of progressive thought in the UK through well-researched and clearly argued policy analysis, reports and publication.
1992- highly influential report published on the Commission on Social Justice- ambitious agenda of social policy reform and revitalise progressive thinking
88
Which Conservative MPs have gotten into trouble for lobbying?
Liam Fox
Bim Afolami- he'll no longer receive payment for the role following criticism. (group is WD1 and paid £2000 per month). There's campaigning for the MPs' Code of Conduct to be rewritten. At least 2 of WD1's current lobbying clients are facing CMA investigations which could disrupt planned merger acquisitions worth 10s of billions.
89
Which Labour MPs have recently got in trouble for lobbying?
Alex Davies-Jones
She came under investigation for an alleged breach of the MP's code of conduct. Trip to Japan at £3000 which was paid for by the British Council with the purpose to learn about their work overseas. But she didn't mention the trip in the House of Commons. She promoted it to Parliament which is a breach of parliamentary rules on paid advocacy.
90
The gambling industry has one of the strongest lobbies in the UK. How successful have they been lately?
Not very successful as the maximum stake on fixed-odds betting terminals will be reduced from £100 to £2 under new government rules in 2018 (May). This would lead to job loss, close over 4000 betting shops and mean people move to online gambling where restrictions are weaker. Groups like the Association of British Bookmakers lobbied hard, tried to get government to reduce it to higher stakes like £30 but didn't work.
91
What are human rights?
Rights and liberties that all people are automatically entitled to. Also known as 'natural rights'.
92
What are the 5 types of rights?
Absolute- they cannot be compromised or diminished in any way.
Universal- they're applied to everyone equally, regardless of any other considerations like race or gender.
Fundamental- an essential part of life and cannot be removed for any reason.
Positive rights- they're clearly given to a citizen, usually in the form of a constitutional protection. 'freedom to'
Eg. freedom of speech, movement, vote/not vote, education, information, fair trial
Negative rights- they're not explicitly set out and exist only because of an absence of any law banning them. 'freedom from'
Eg. freedom from discrimination, persecution
93
How have rights developed over the past 800 years with 8 key dates and are they positive or negative rights?
-1215 Magna Carta: imposed various restrictions on the monarchy in order to prevent the arbitrary abuse of power by the monarch (negative rights)
-1689 Bill of Rights: Imposed greater limits on the power of the monarchy and set out the rights of parliament, including regular parliaments, free elections and parliamentary free speech
-1953 European Convention on Human Rights: government actions had to comply with the ECHR but could only be challenged in the ECHR courts, not UK courts
-1973 European Court of Justice: The ECJ had the power to protect workers' rights in the UK
-1984 Data Protection Act: Established protections surrounding personal information held by public institutions. Updated in 1988 and 1998
-1998 Human Rights Act: codified the ECHR into British law, replacing much common law and allowing citizens to access rights protection through the UK legal system
-2000 Freedom of Information Act: ensured political transparency by allowing citizens to access non-security related information held by public institutions (positive rights)
-2010 Equality Act: consolidated and codified all anti-discriminatory measures into one document (negative rights)
94
To what extent do you agree that judges are best placed to defend the rights of citizens?
I don't agree because judges are undemocratic and unaccountable so may abuse their position. Senior judges work with parliament to advise on the legality of legislation, so they've played a role in creating legislation, making them less likely to approach human rights issues with true independence or neutrality. The lack of a codified constitution means the judiciary cannot strike down primary legislation, so, even if they decide there's an abuse of human rights they can't do anything if it's enshrined in primary legislation. They can't overturn acts, but can issue a declaration of incompatibility but this doesn't force the government to act. Parliamentary sovereignty means they can't override the law as it has the highest authority. They're unrepresentative and naturally favour conservative and privileged groups.
However, judges can use the HRA and their power of judicial review to ensure rights are fully respected. The judiciary is independent of the other 2 branches of the political system and can defend rights based only upon the law, without political pressure. They're neutral so can protect a person's rights without discrimination.
95
To what extent do you agree that Parliament is best placed to defend the rights of citizens?
I agree because parliament holds sovereignty so it can determine what rights there are and whether or not they should be enforced. They're more representative so can reflect the values of society and understand individuals better. They introduced and passed all of the Acts relating to human rights, so they've promoted and defended human rights in the UK. MPs represent their constituents so are in a position to raise the issue of citizens' rights with government ministers where they feel they're at risk or have been violated. Parliament is democratically elected and so is more accountable to the people for its defence of human rights.
However, they can suspend the HRA to achieve their goals. Short-term political considerations may be more important than defending human rights. Eg. The Illegal Migration Act 2023 removed the right to claim asylum in the UK for people who came illegally. Requires the government to detain and remove those people, potentially to “safe” third countries, like Rwanda. The UNHCR (United Nations Refugee Agency) said the Act violates international law, including the 1951 Refugee Convention.
Human rights groups argue it breaches:
The right to seek asylum
The right to family life
Protection from inhuman or degrading treatment. Yet the government pushed it through anyway, arguing it was necessary to “stop the boats.” Severely restricts access to the Human Rights Act and judicial review in asylum cases.
MPs may be reluctant to champion the cause of human rights if its benefits an unpopular element, such as terror suspects or criminals.
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What are individual rights?
The right-holder is an individual, regardless of any personal characteristic.
Eg. human rights (rights are innate and can't be taken away)
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What are collective rights?
The 'owner' of a right could be seen as a group which may share a characteristic, eg. gay rights, or may be organisational, eg. workers' rights
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What's an example of collective rights infringing on individual rights?
The UK government passed the 2006 Terrorism Act to ensure the safety of UK society, a collective right. This allowed for 28-day detention without trial, but infringed the individual right of the guarantee of a court trial.
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What's an example of collective rights overruling individual rights?
Two drivers sued Uber in 2016, claiming they were 'employees' not 'self-employed' as Uber claimed. They were represented by the GMB union and won their case, winning the right to holiday pay and minimum wage. However, some drivers were unhappy as they liked the freedom of being considered 'self-employed', so the collective right suppressed the view of some of its individual members.
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What's an example of individual rights?
A Ugandan man was unable to be deported from the UK in 2013 for being a 'danger to the public and armed forces', having attended a terrorist training camp. The ECHR provision to a 'right to family life' was used to appeal deportation proceedings against suspected terrorists. In this case, the man had fathered a number of children in the UK since his arrival as a child in 1991.
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What's an example of the collective rights of 2 groups in conflict?
In 2008, a Christian couple refused to allow a gay couple to stay in their bed and breakfast. This court case ended in the UK Supreme Court- one side arguing that the ECHR allowed them to 'manifest their religion' and the other claiming that it was discrimination. The Supreme Court ruled against the bed and breakfast, thereby upholding the rights of gay people, but arguably suppressing the rights of religious people.
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How do rights come into conflict with anti-terrorism?
Shamina Begum:
she left London to go to Iraq then Syria with 2 friends.
Individual rights- 'credible suspicion' that she was groomed and trafficked to Syria, Begum's right to citizenship
Collective right- threat to public safety as she joined ISIS
Citizenship was stripped on national security grounds in 2019. In Feb 2020, a tribunal ruled that removing Ms Begum's citizenship was lawful because she was a 'citizen of Bangladesh by descent', so she wouldn't be stateless. Bangladesh said she also wouldn't be allowed in their country. Feb 2021- Supreme Court decided she couldn't return. In 2024, the Supreme Court ruled she's not allowed to challenge the removal of her British citizenship.
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How do rights come into conflict with detention?
Asylum seekers to Rwanda:
Individual right- right to seek asylum and have their case heard
Collective- right to make beneficial economic decisions for the UK
19th December 2022- UK government proposed a plan to send asylum seekers to Rwanda. Deemed unlawful because it's classed as an unsafe third world country by UK Court of Appeal and then by Supreme Court. UK high court decided it didn't breach any legal obligations under the UN refugee convention or under any other international agreements. It'll cost around $169,000 per person to put this scheme into action.
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How do rights come into conflict with free speech and rights to protest?
Public Order Act 2023:
Individual right- free speech (article 10 of ECHR) and protest
Collective right- public infrastructure and public nuisance
The 2023 Public Order Act builds on existing legal framework which governs protests. It criminalises 'locking on', tunneling and disrupting national infrastructure. The Strikes (Minimum Service Levels) Act 2023: 'Anti-Strike' law guarantees that workers must commit to 'minimum service' to the NHS.
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What is a democratic deficit?
The undemocratic nature of institutions or procedures that are supposed to promote democracy.
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What are the 7 positive aspects of democracy in the UK?
1) Free and fair elections- citizens can choose representatives. The public can participate in the democratic process and be educated by political campaigns. Elections in the UK are conducted by the Electoral Commission which is independent of any party, so they're free from government manipulation. There are campaign spending limits and a ban on campaigning during purdah, so elections are fair.
2) Turnout- 2001historic low of 59% in GEs, but turnout steadily increasing since. 2005- 62%, 2010- 65%, 2015-66%, 2017-69%, 2019-67% but still above 2/3.
2024- 59.7%
Scottish independence referendum- 84.6%
EU referendum- 72%
More participation in political process
3) Universal suffrage- everyone over the age of 18 who is not a prisoner, mentally incapable or a peer, has the right to vote. One person = one vote. All votes are equal in value, no distinction based on wealth, race etc. Since 2015, anyone 16 or over has been allowed to vote in Scottish Parliament and local council elections.
4) The party system- 10 parties represented by the House of Commons after 2019 GE = wider range of options for voters with different views for the country and greater representation. Many political parties can scrutinise each other and contest in elections so parties raise profile of political issues which leads to a more educated public.
5) Pressure groups- provide alternative avenue of representation. Investigate issues, raise public awareness and educate the electorate, seeking to influence public opinion and persuade the government to take their views into consideration.
6) Parliamentary sovereignty- Parliament holds legal sovereignty, so the chosen representatives of the people hold ultimate power in making, amending and repealing laws. The government is drawn from MPs and is accountable to parliament. The government needs consent from the HoC to push policies so is indirectly gaining consent from the people.
Eg After the 2016 referendum, the government needed Parliament’s approval to legally leave the EU. Theresa May’s government negotiated a deal — but MPs rejected it three times in Parliament. Despite being the Prime Minister, she could not push the deal through without the consent of the House of Commons.
Eg. Miller 1 (2017) — "Miller v Secretary of State for Exiting the European Union"
What it was about:
After the 2016 Brexit referendum, the government wanted to trigger Article 50 (to start leaving the EU) without a vote in Parliament, using royal prerogative powers.
Gina Miller challenged this, arguing that only Parliament could start that process because it would affect people’s rights and laws. What the Supreme Court said:
🔹 The government could NOT trigger Article 50 without an Act of Parliament.
Why it matters:
Reinforced that Parliament is sovereign and major constitutional changes need Parliament's consent, not just executive decision-making. Big win for constitutional clarity and democratic accountability.
7) Devolution- this has allowed the constituent parts of the UK (except England), along with many cities, to make decisions on a local basis. Representatives in devolved institutions are closer to the community they serve= better quality representation and ensures that policies are appropriate to each area.
Eg. Manchester has control over transport, housing, and healthcare budgets under the Greater Manchester Combined Authority.
London (via the Mayor and London Assembly) can set congestion charges, control parts of transport policy, and influence housing and policing. ULEZ (£12.50)
NI- Same-sex marriage: Legalised in Northern Ireland in January 2020.
Abortion: Decriminalised in October 2019, with services gradually introduced.
Because Stormont was suspended.
Scotland:
University tuition fees: Free for Scottish students, unlike in England where students pay up to £9,250 per year.
Prescription charges: Abolished in Scotland — still exist in England.
Minimum unit pricing for alcohol: Introduced in Scotland to tackle alcohol misuse — not implemented in England.
🏴 Wales:
Organ donation: Adopted an opt-out system (presumed consent) in 2015 — England followed later in 2020.
Free prescriptions: Available to everyone in Wales.
Plastic bag charge: Wales introduced the 5p charge before any other UK nation.
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What are the 7 negative aspects of democracy in the UK?
1) Unelected elements and weakness of electoral commission- unelected monarchy and House of Lords undermines representative democracy, monarchs and peers not selected and can only be removed by death, or resigning/ being expelled for failing to attend an annual parliamentary session or committing a serious criminal offence so public can't hold them to account. Their power is only theoretically limited.
2020- Boris Johnson created 36 new peerages, mostly of former Conservative MPs and fellow Brexit supporters
2) Turnout- low turnout in elections = participation crisis. Recent general election turnouts are still below historic average of 78% or 71% from 1992 and 1997 respectively. Slight drop in 2019 too. Turnout at most referendums is far below that of general elections. Raises question of legitimacy of decisions made and representatives elected.
3) Lack of entrenched rights- without a codified constitution, key rights can easily be overturned by the government without effective redress through the judicial system. This undermines citizens' rights being protected from government abuse (democracy). Right to vote undermined (no prisoners) and right to due process. Freedom of speech and assembly (Covid-19) undermined.
4) Lack of meaningful choice- only 2 parties have a realistic chance of gaining power at Westminster so many people vote for one of the 2 main parties, which have similar policies (often). Devolved areas- contest tends to centre on a two-party system.
Eg. Many felt the main parties were too similar — especially on:
The economy (both broadly supported the free market)
Public services (both pledged increases in NHS and education funding)
Law and order (both promised tougher stances)
No real ideological clash or big issue that divided them clearly — unlike, say, Brexit in 2019 or austerity in 2010.
Led to voter apathy and lowest turnout.
5) Elitist pressure groups- a small number of pressure groups tend to dominate any political debate at the expense of other interests. This results from insider status, size of membership, wealth and public profile. British pressure group participation is based on elitism rather than a pluralist system of representation. Eg. British Bankers' Association lobbying heavily against strict regulations of banking sector after 2008 crisis. ad insider status with the government and Treasury officials.
Enjoyed private access to senior policymakers — often in unrecorded meetings (e.g. in 2012, meetings with ministerial advisers didn’t have to be made public). Used its financial resources and influence to shape decisions that affected the entire economy.
Also during the cost of living crisis, Energy UK lobbied against windfall taxes on energy company profits — even as millions of households struggled with unaffordable bills.
Had insider access to ministers and energy regulators during emergency meetings.
6) The voting system- FPTP flaws:
-wasted votes
-safe seats
-unrepresentative
-winner's bonus
-discriminates against parties with widespread support
-minority constituencies
7) The West Lothian Question (EVEL)- 'Why should Scottish MPs vote on issues that do not affect their constituents but do impact other people outside their constituencies?'
Eg. increase in student tuition fees in England and Wales in 2004 was only passed with votes of Scottish MPs. 'EVEL' attempted to address this imbalance. It risked creating 2 tiers of MPs, undermining the principal of a parliamentary chamber. It allowed only English (or English and Welsh) MPs to vote on laws that only affected England or Wales — in response to the West Lothian Question. Ended in 2021 as Too complex- EVEL procedures were seen as confusing and not very effective
National unity- Government wanted to promote UK-wide cohesion, especially post-COVID
Political reality- English MPs already dominate Parliament, making EVEL less necessary.
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How can we further improve democracy in the UK?
Referendums are a vote on a specific issue, normally relating to amending the constitution of a country or to a political issue.
The purpose of the UK's constitution is to hold whatever issue Parliament decides to call them. A set of rules for the conduct of politics within a state.
Referendums are used in Switzerland by being held on whether to accept or overturn any legislation or international treaty agreed in the Parliament provided 50,000 signatures are gained within 100 days of the law or treaty passing in order to trigger the referendum.
Referendums are most successful when they're used to provide legitimacy to a key decision. This provides a higher level of stability, eg. 1998 referendum on GF agreement
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What are 2 arguments for referendums?
-Support for the wider use of referendums and key political decisions
-
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What are 2 arguments against referendums?
111
What are initiatives and how are they used in Switzerland?
They give people the power to propose a new law are constitutional amendment and then vote on it.
In 2016, a vote was held on whether Switzerland should introduce a guaranteed basic income of around £1,700 per adult and £400 per child per month for all. It achieved over 100,000 signatures so was placed on the ballot despite having no support from any major party. The initiative was rejected at the ballot box with 77% voting against and 23% voting for the proposal.
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What are arguments for and against initiatives in the UK?
For:
The UK could allow the public to put new laws on the ballot paper and then vote on it themselves without any roles for elected politicians. This would give the public more direct control over making law.
Against:
Would undermine UK democracy by removing politicians from making decisions and potentially create a situation where the majority could undermine the rights of minority groups.
Eg. in 2009 Swiss voters used an initiative to ban the construction of minarets, impacted on the right to freedom of religion (Muslim religious practices)
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What are citizens' assemblies and how are they used in Ireland?
Made up of a representative group of between 50-200 people who are chosen using sortition. The assembly is then given the job of carrying out an in depth analysis of a particular policy issue. They then make informed recommendations for action.
The Convention of the Constitution- 2012-13 made recommendations that led to the 2015 Marriage Equality referendum
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What are arguments for and against citizens' assemblies?
For:
A wat of exploring public views and coming up with concrete solutions
Against:
To be successful, they need a sufficient budget and enough time
115
What are recall elections?
They allow the people to trigger special election to remove an elected representative before the end of their term.
116
What are the three circumstances MPs can be recalled under the Recall of MPs Act 2015?
1) If an MP is convicted in the UK and is sentenced/ordered to be imprisoned or detained and all appeals have been exhausted
2) If an MP has been suspended from the HOC for at least 10 days by the House Committee on standards of breaking the code of conduct
3) If they're convicted of making false/misleading parliamentary allowance claims
117
What happens during a recall election and afterwards if the recall is successful?
If 10% of those are eligible to vote in the constituency, sign a recall petition, then an MP is removed and a by-election is called. Eg. 2019- Fiona Onasanya recalled following her conviction and 3 month prison sentence for perverting the court of justice by lyinh to police about a speeding offence — claiming someone else was driving her car. She was sentenced to 3 months in prison in January 2019. In Fiona Onasanya's case, the recall petition was signed by 27.6% of eligible voters in her constituency — well above the 10% threshold. As a result, she lost her seat in May 2019.
A by-election was held, and Labour lost the seat to the Brexit Party (their first ever win).
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Which MPs have faced recall petitions?
Ian Paisley Jr (survived his in 2018)
Fiona Onasanya
Christopher Davies
Former SNP Margaret Ferrier was removed by her constituents after she broke travel Covid lockdown rules. There'll be a recall election on 5th October but she won't restand.
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What are arguments for and against recall petitions in the UK?
For:
They hold MPs accountable. Widening the criteria would strengthen the link between MPs and constituents as they would need to follow up on their promises.
Against:
MPs may become too worried about being recalled so they'll lose the ability to think for themselves and make their decisions off public polling and opinion.
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What is the Electoral Commission?
An independent body charged both with reviewing the operation of the UK's democratic processes and with making recommendations for strengthening democracy.
121
What are arguments for and against automatic voter registration?
For:
Ensures that everyone is able to vote. Public officials will directly enroll people without ordinary citizens having to take any action.
Against:
Expensive. It has issues with accuracy. There are security issues with identity fraud.
