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Politics (Mr Brown) > Democracy and participation > Flashcards

Democracy and participation Flashcards

1
Q

What is the most common reason that a decision will be left to the people in a referendum?

A

Because it is seen as so vital that it would be unsuitable for representatives to make this decision

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2
Q

State three advantages of DD

A
  • Purest form of democracy as the people’s voice is clearly heard
  • Can help avoid delay and deadlock in the poliitical system
  • Greater legitimacy as the people have made the decision directly
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3
Q

State three disadvantages of DD

A
  • Tyranny of the majority
  • People may be too easily swayed by short term, emotional appeals and charasmatic individuals
  • Some issues are too complex for the ordinary citizen to understand
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4
Q

What model of democracy is the most common in the world today?

A

Representative democracy

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5
Q

Who is held to account in GEs?

A

Both individual MPs and the government as a whole

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6
Q

Why do representatives have a dilemma in terms of how to represent constituents?

A

They have to decide whether to follow the delegate, trustee or mandate models when making decisions

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7
Q

Give an example of how constituency interests could clash with the national interest?

A

An MPs constituents could oppose an airport expansion in the area due to concerns over noise pollution and traffic, but the MP may also see the airport expansion as being in the national interest

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8
Q

What are the three different ways that constituency representation can work?

A
  • Representing the interests of the constituency as a whole, such as looking for funding for local services
  • It can mean representing the interests of individual constituents with the redress of grievances
  • Could mean listening to the views of their constituents on a national issue. This could lead to a dilemma as the MP could have a different opinion to the majority of their constituents here
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9
Q

Give an example of the redress of grievances

A

A representative could champion a constituent who feels they have been unfairly treated by the tax office

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10
Q

Give some examples of occupational/social representation

A
  • MPs who support or are supported by TUs could pursue the cause of workers. Others may represent other professions or teachers
  • This function could apply to social groups like the elderly, the disabled, members of the LGBTQ+ community or low income groups
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11
Q

Give some examples of causes that a representative could champion

A
  • Environmental protections
  • Individual rights and liberties
  • Greater equality
  • Animal rights
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12
Q

Who mainly carries out causal representation?

A

Although MPs can carry this out, it is mainly performed by pressure groups

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13
Q

What does the type of representation an MP will follow depend upon?

A

Lots of factors, such as the issue in question and the nature of the individual MP

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14
Q

List the different types of representation

A
  • Causal
  • Occupational/social
  • Party
  • Constituency
  • National interest
  • Social representation
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15
Q

State 4 advantages of RD

A
  • Representatives can develop expertise to tackle complex issues that the general public do not have the time of info to understand
  • They can be held accountable at election time
  • MPs have the time to deal with complex matters, allowing constituents to get on with their own lives
  • Only practical way to transfer public opinion into political action in large modern countries
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16
Q

Give 4 disadvantages

A
  • MPs may not act in the best interests of their constituents
  • Difficult to hold MPs to account between elections
  • Allowing voters to delegate responsibility to MPs can cause them to disengage from social and political issues ]
  • Representatives bodies can be unrepresentative and ignore the needs and concerns of minorities
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17
Q

Make the case for DD

A
  • Purest form of democracy as the voice of the people
  • Decisions made directly by the people have more authority and legitimacy
  • Decisions made by the people are more difficult for future governments to change
  • Helps educate people about political issues
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18
Q

Make the case for RD

A
  • MPs may have better judgement that the masses
  • MPs may be more rational and less swayed by emotion
  • MPs can protect minority interests
  • MPs may be better informed than the general public
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19
Q

What is the name of the body that regulated RD in the UK?

A

The Electoral Commission

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20
Q

How does the EC do this?

A

They make sure that representation is fair, that all those who have the right to vote can register to do so and that parties do not have any undue influence through spending

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21
Q

What can we say about the current state of representation when we compare it to the past?

A

That it is broadly uncorrupted, fair and honest

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22
Q

I’ll say a level of government and you give its jurisdiction

A

!!!!!

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23
Q

Parish or town councils

A

The lowest level of government. Deal with local issues like parks and gardens, parking restrictions, public amenities (a facility that makes local life more enjoyable) and small planning issues

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24
Q

Local councils

A

May be county, district or metro councils depending on the area. They deal with local services such as transport, education, roads, social services and public health

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25
Q

Combined authorities

A

Where groups of two or more local councils in England join together to share resources and increase powers devolved to them from central government. They may be presided over by an elected mayor, such as in Greater Manchester, or not have a mayor, such as the combined authority in West Yorkshire

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26
Q

Metro authorities

A

Big city government like London. Deal with strategic issues like policing, public transport, arts funding, the environment, large planning issues and emergency services. Normally have an elected mayor and strategic authority

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27
Q

Devolved government

A

Government of Wales, Scotland and NI. They have varying powers but all deal with health, social services, policing, education and transport. All three have elected representative bodies

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28
Q

National government

A

UK parliament and UK government at Westminster

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29
Q

How many levels of representation do UK citizens enjoy?

A

At least 3, with some enjoying 4 and 5

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30
Q

Define decentralisation

A

The process of spreading power away from the central government, both towards devolved governments in the regions and local authorities

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31
Q

How has power become more decentralised in recent decades

A

With the advent of devolution and the delegation of increasing powers to city administration

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32
Q

What does every representative have within a representative democracy

A

A constituency to whom they are accountable and whose interests they pursue

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33
Q

How do different types of constituency vary in size?

A

They can be very small, like a parish or a local ward, or they could be very large, like those for the NI parliament

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34
Q

What are the three main principles of constituency representation?

A
  • That individuals within the constituency should have their grievances considered
  • That the interests of the whole constituency should be given a hearing in a representative assembly
  • That the elected representative is regularly made accountable to their constituency
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35
Q

I’ll say a level of constituency and you say who represents that level of constituency

A

!!!

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36
Q

Ward or parish

A

Parish and local councillors

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37
Q

Parliamentary constituency

A

MPs

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38
Q

City region

A

Assembly members

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39
Q

Metro authority

A

Elected mayors

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40
Q

Devolved assembly constituency

A

MSPs in Scotland, Members of the Senedd in Wales and Members of the Legislative Assembly in NI

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41
Q

How are parties more important in the UK than in other democracies?

A

They play a much more central role in representation

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42
Q

What are the two main reasons for this?

A
  • Parties have evolved out of ideological principles (usually expressed in their manifestos) and are therefore united by a core set of principles at the heart of the party, like conservatism for the conservative party, socialism for the Labour Party and liberalism for the Lib Dems. This means that party members will have a shared ideology and beliefs. This in contrast to other countries, like the USA, where parties arose in response to particular conflicts or events, so they are looser confederations with a shared label but large differences in principles
  • It is usually the case that a single party governs in the UK, which is rare compared to other European democracies. 2019 saw the UK return to the norm of single party government
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43
Q

Explain the idea of government representation

A

The people as a whole are also represented by the elected government. It is the mark of a true democracy that the winning party or parties should govern on the behalf of the whole society rather than just those sections of society that usually support it. While it is true that there is a tendency to support some groups over others, this does not alter the fact that elected government represents the whole nation

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44
Q

What are the two main ways in which pressure groups act as representative bodies?

A
  • Some groups have a formal membership and represent their section of society by promoting policy that will benefit them. This applies to sectional pressure groups such as the British Medical Association and the National Farmers’ Union
  • Other groups are engaged in causal representation. Here they represent a set of beliefs and principles that they believe will benefit the whole community, such a environmental pressure group Friends and the Earth and human rights campaigning group Liberty
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45
Q

How do pressure groups aid everyone?

A

Whatever someone believes or does, there is probably a pressure group working in their interests. This aids the idea of pluralist democracy and a civil society

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46
Q

Define pluralist democracy

A

This is where the government makes decisions as a result of the interplay of various ideas and contrasting arguements from competing groups and organisations

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47
Q

Define civil society

A

Collective name for the various associations, such as parties, pressure groups, religions, voluntary organisations, charities and more, to which citizens belong and may become active. Civil society acts as a counterbalance to the power of government

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48
Q

What term best describes democracy in the UK?

A

Liberal democracy

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49
Q

Where does the idea of liberal democracy date back to?

A

The 17th century and thinkers like John Locke, who believed that governments ruled by the consent of the governed and that a social contract existed between the people and those in power. This was a radical idea at the time as it rejected the idea of absolute monarchy and the divine right of kings. Instead leaders should answer to the people. In addition to help ensure people would be free to live their lives and to prevent the government from becoming too powerful, a series of limitations should be brought in to restrict the power of the government in order to create a free society. This liberal democracy provides for the key features of UK democracy today

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50
Q

List the 10 key features of a liberal democracy

A
  • Peaceful transition of power
  • Independent Judiciary
  • Free elections
  • Fair elections
  • Widespread political participation
  • Freedom of expression and information
  • The rule of law
  • Protection of rights and liberties
  • Freedom of association
  • A constitution
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51
Q

What is the peaceful transition of power?

A

It means that those who democratically lose power accept the authority of those who have won

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52
Q

Why is a peaceful transition of power necessary?

A

Because it the losers did not accept the authority of their successors then politics breaks down and violent conflict is likely to ensue. It helps ensure that democracy can hold governments to account and ensures the legitimacy of those who have won an election

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53
Q

What does the term free elections mean?

A

That all adults (however this is defined) are free to vote and stand for office. This is called universal suffrage and mean that all adults can result regardless of social and economic background. Everyone should be able to exercise their rights to vote without fear, threats or intimidation

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54
Q

How are free elections upheld?

A
  • Universal suffrage
  • Secret ballots
  • Voting rights must be strictly enforced by the courts in order to ensure people are not unfairly denied the franchise
  • If a secret ballot and strict adherence to voting rights is not upheld then voters can be coerced into voting a certain way or not at all
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55
Q

What does the term ‘fair elections’ mean in the strictest sense?

A

That everyone has a right to vote and that all votes are of equal value. It all suggests that there are measures in place to prevent electoral fraud and ballot rigging

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56
Q

Define ballot rigging

A

The process of fixing an election to ensure a particular outcome. This can be done by stuffing ballots with extra votes, losing ballot boxes or miscounting them

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57
Q

Why is the term ‘fair elections’ open to debate?

A

What is fair to some may not be fair to others. The winners bonus of FPTP means that often a majority of voters did not vote for their representative

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58
Q

Why is the issue of widespread political participartion important?

A

It is important for a healthy democracy. A well informed and active population can prevent the government becoming too dictatorial and without the people participating in politics there can be breakdown in communication between the government and the governed

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59
Q

Explain the notion of freedom of expression and information

A

One of the fundamental features of a democracy is the right of people to express their opinions and criticise government. This is known as a civil liberty and means that people cannot be arrested or persecuted for expressing negative views about those in power, their policies or their competence. There should be free access to public information to allow people to check on the government and consider how well it is governing. Few governments enjoy criticism and scrutiny, but this is what separates democracy from dictatorship, where public discussion and assessment of government is banned or limited. This implies a free media with no gov censorship or interference. The development of the media has allowed free access for all, but there are questions over the validity of the info it provides. This issue has become more stark in recent years due to the growth of fake news and conspiracy theories, which have made it harder for people to take publicly expressed views as being based on truth

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60
Q

What does freedom of association mean in terms of politics?

A

The ability to form parties or pressure groups, provides their aims and methods are legal

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61
Q

Why is freedom of association important?

A

Parties and pressure groups are such vital vehicles for representation that if they did not exist, or were suppressed, democracy would be almost impossible to maintain

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62
Q

Explain the idea of protection of rights and liberties

A

Implies that there should be some kind of enforceable bill of rights or basic laws that cannot be eroded by the state. The ECHR is an example of this, as is the BoR in the US. In the UK, the HRA performs this function, while the Equalities and Human Rights Commission operates in England and Wales to promote and protect human rights

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63
Q

Explain the idea of the rule of law

A

The basic principle that all citizens should be treaty equally under the law and that the government should be subject to the same laws as its citizens. Linked to the concept of limited government and ensures that no one, not even those in power, can break the law and that if they do, they will be held to account on the same basis as everyone else

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64
Q

What type of judiciary does the idea of the rule of law necessitate?

A

An independent judiciary

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65
Q

Explain the concept of an independent judiciary

A

It is the role of the judiciary in a democracy to ensure that the rule of law is upheld. For this to happen members of the judiciary must be independent of government and the whole process of politics. This will ensure that all groups in society are treated equally under the law and that the government does not exceed its authority. This means that the rights and liberties of citizens are more likely to be upheld

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66
Q

Explain the idea of constitutionalism

A

Democracy is at risk if there are no firm limits on the power of government. Without this, there is the possibility that the government will set aside democratic principles for its own ends. This usual way to set limits on government power is to define them in a constitution that will be enforced by the forces of law

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67
Q

Explain the idea of democratic deficit

A

A flaw in the democratic process where decisions are taken by those who lack legitimacy due to not having been appointed with sufficient democratic input or not being subject to accountability

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68
Q

List the main examples of democratic deficit in the UK

A
  • FPTP produces disproportionate results, with wasted votes and governments who won a minority of the popular vote. Discriminates against small parties with dispersed support
  • HoL has considerable influence despite being unelected
  • PS gives unlimited potential power to the government
  • Powers of the PM partly based on that of an unelected monarch
  • ECHR is not binding on parliament so individual rights and liberties remain at risk
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69
Q

How does the UK succeed in terms of peaceful transition of power

A

The UK is remarkably conflict free

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70
Q

How does the UK succeed in terms of free elections?

A
  • Nearly everyone over 18 can vote
  • This is little electoral fraud and there exist strong legal safeguards to prevent it
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71
Q

How does the UK succeed in terms of fair elections?

A

PR in devolved and local bodies

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72
Q

How does the UK succeed in terms of widespread participation

A
  • Extensive membership of free and active pressure groups
  • E-democracy is on the rise
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73
Q

How does the UK succeed in terms of freedom of expression?

A
  • Press and broadcast media free from political interference
  • Broadcast media remains politically neutral
  • Free internet access
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74
Q

How does the UK succeed in terms of freedom of association?

A
  • No restrictions on legal organisations
  • People can organise and instigate public protests
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75
Q

How does the UK succeed in terms of the protection of civil rights and liberties?

A
  • Country is signed up to the ECHR and the courts enforce it through the HRA
  • The HoL and judiciary protect rights
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76
Q

How does the UK succeed in terms of the rule of law?

A
  • Strictly upheld by the judiciary and aided by the notion of judicial review
  • The judiciary is independent and non political
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77
Q

How does the UK succeed in terms of constitutionalism?

A
  • Parliament and the courts ensure the government acts within the law
  • HRA acts as a restraint on the actions of the government
  • Constitutional checks exist to limit government power
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78
Q

How does the UK fail in terms of the peaceful transition of power?

A

Short lived disputes have existed during instances of a hung parliament, with questions over legitimacy

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79
Q

How does the UK fail in terms of free elections?

A
  • Some groups, like prisoners and effectively the homeless, are denied the right to vote
  • Unelected HoL and head of state
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80
Q

How does the UK fail in terms of fair elections?

A
  • FPTP produces disproportionate results and wasted votes
  • Governments often elected on a modest proportion of the popular vote
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81
Q

How does the UK fail in terms of widespread participation

A
  • Turnout in GEs has been lower than the historical average since 2001
  • Party membership in decline, especially amongst the young. Despite some increases in 2015 and after, it is still below the levels in the 1950s
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82
Q

What would be the advantage of replacing the HoL with an elected chamber?

A

In would remove an unelected and unaccountable body

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83
Q

What would be the advantage of introducing a more PR system?

A

No more safe seats, minority constituencies and governments with minority support

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84
Q

What would be the advantage of codifying the constitution?

A

Clarify the processes of the political system and would provide an entrenched higher law rather than the current flexibility

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85
Q

What would be the advantage of creating a devolved english parliament to equalise devolution?

A

Solve the WLQ and create more equal levels of representation across the UK

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86
Q

What would be the advantage of state party funding?

A
  • Allows politicians to focus on their main job rather than fundraising
  • Removes the need to acquire money from big corporations and vested interests that donate for their own ends rather than the national interest
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87
Q

What would be the advantage of compulsory voting?

A

Increase turnout in all elections, increasing the legitimacy of elected officials

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88
Q

What would be the advantage of replacing the monarch with an elected head of state?

A

The would be elected and accountable

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89
Q

What would be the disadvantage of replacing the HoL with an elected chamber?

A
  • What replaced it might be a rival to the commons, causing gridlock
  • Expertise of the HoL could be replaced by career politicians
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90
Q

What would be the disadvantage of replacing FPTP with a more PR system?

A
  • Makes coalitions more likely and they are harder to hold to account
  • These systems are more complex
  • Risk losing the MP constituency bond
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91
Q

What would be the disadvantage of codifying the constitution?

A
  • Might be too rigid
  • Questions over who would write it and how it would be implemented
  • Raise questions over the location of sovereignty
  • Give more power to unelected judges
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92
Q

What would be the disadvantage of creating a devolved English parliament

A

England is too large an entity for this, and regional devolution has been decisively rejected by voters

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93
Q

What would be the disadvantage of state party funding

A
  • Fundraising keeps politicians connected to voters
  • Questions over how money would be allocated and whether taxpayer money should be given to parties that some find objectionable
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94
Q

What would be the disadvantage of compusory voting?

A
  • Forcing people to vote will not necessarily improve political engagement
  • The right to vote also includes the right not to vote
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95
Q

What would be the disadvantage of replacing the monarch with an elected head of state?

A
  • Monarchy is popular
  • Being politically neutral, they can act as a unifying figure in the way that a politician could not
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96
Q

List the 6 main forms of political participation from most to least intense

A
  • Standing for public office
  • Active party membership
  • Active pressure group membership
  • Passive party or pressure group membership
  • Digical activism
  • Voting
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97
Q

What is the caveat of looking at high party membership figures in the 1940s and 1950s as proof of a participation crisis?

A

Because it does not prove that these memberships were very politically active, although they do give an indication of mass engagement with politics at some level

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98
Q

Give some statistic to show how drastically party membership has fallen even in the last 50 years?

A

In 1970, conservative party members made up over 3% of the electorate, a figure higher than the proportion of the electorate who are part of any party at all today (2.1%), while the conservative party sits at 0.4% of the electorate today

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99
Q

How does the UK compare to other democracies in terms of participation?

A

It sits about mid table

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100
Q

Give some statistics to show how referendum turnout is much more volatile

A

Turnout fell as low as 34% concerning whether London should have an elected mayor in 1998 but reached as high as 84% on Scottish Independence in 2014

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101
Q

What does referendum turnout reflect?

A

How important voters consider the issue to be

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102
Q

Give an example of this

A

The devolution referendum was much more politically important in NI and it therefore saw a turnout of 81% compared to 60% in Scotland and 50% in Wales

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103
Q

List the arguements for compulsory voting

A
  • May force more voters, especially the young, to educate themselves on political issues ]
  • Increasing turnout would lend greater legitimacy to those who win elections
  • If sections of societies vote then policy would need to be tailored to all sections of society rather than just those who typically vote in large numbers
  • Can be argued that it is a civic duty that citizens are obliged to carry out
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104
Q

List the arguments against compulsory voting

A
  • Civil liberties violation. Many argue that it is a basic right to not take part
  • Many voters are not well informed but would have to vote anyway, so participation would be ill informed
  • Would involve large amounts of public expenditure to enforce and administer
  • Favours larger parties over small parties. If less informed citizens vote they are likely to just vote for the more well known parties and candidates
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105
Q

Why does the attention centre on the young around the issue of compulsory voting?

A

Because they vote in significantly smaller numbers than older people

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106
Q

Give a statistic to indicate this

A

Only 35% of the 18-24 age group turnout while over 80% of over 60s turnout

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107
Q

What do civil rights campaigners think about compulsory voting?

A

They oppose it

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108
Q

When did e-petitions begin to rapidly grow in popularity?

A

When official government ones were introduced requiring a response at 10,000 sigs and a parliamentary debate at 100,000

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109
Q

How have campaign groups taken advantage of e-democracy?

A

They use social media and the internet to promote their causes

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110
Q

Describe a significant e-petition from 2007

A

It opposed plans to introduce charges for using roads. It received 1.8 million sigs and the government dropped the plans

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111
Q

Describe a significant e-petition from 2011

A

It called for the release of all documents related to the 1989 Hillsborough disaster. It received 139,000 sigsFollowing a parliamentary debate, the papers were released and a new inquest was launched

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112
Q

Describe a significant e-petition from 2016

A

Over whether there should be a 2nd referendum. Received 3.8 million sigs. A parliamentary debate was held but no other action was taken

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113
Q

Describe a significant e-petition from 2019

A

It demanded that the government did not put the NHS up for negotiation. It received 170,000 sigs. The government responded by saying: ‘The government has been clear. The NHS is not, and never will be, for sale to the private sector. The government will ensure no trade agreements will ever be able to alter this fundamental fact

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114
Q

Describe a significant e-petition from 2020

A

Asked the government to offer more support to the arts, particularly theatres and music, during COVID. Received 175,000 sigs. Debated in parliament in June 2020. The government then announced more funding to protect the arts

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115
Q

Why is the importance of social media campaigning growing?

A

A campaign on a current issue can be mounted in just days or hours. Information about injustices or demands for immediate action over some kind of evil can circulate quickly, putting pressure on decision makers

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116
Q

Where has social media become particularly important for political parties?

A

It is an important tool for campaigning in elections. While political adverts on radio and television are prohibited in the UK, there is no such rule for social media that operates internationally, so there has been a rise in campaign videos and adverts that parties can share on social media to try and influence voters, circumventing the controls in place and allowing parties with greater resources to advertise more freely

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117
Q

What is the downside of parties using social media info to target specific voters with issues that will resonate with them in key constituencies?

A

Although it means that they are not wasting resources on voters unlikley to vote or whose votes will not matter, it does also mean that they ignore large sections of the population

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118
Q

How is social media campaigning positive for democracy?

A

It allows for more personalised campaigning with relevant key voters

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119
Q

How is it negative for democracy?

A
  • Benefits the wealthier parties
  • Allows parties to avoid the scrutiny of the EC when they are trying to ensure fair elections
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120
Q

What has membership of an activism in political parties been partially replaced by?

A

Pressure group participation. Many millions of people and organisations have formed themselves into PGs

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121
Q

Which types of PG have been particularly prominent?

A

TUs and professional associations

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122
Q

How does PG participation vary from member to member?

A

For some participation is minimal, but others are activists who play a big role in political campaigning

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123
Q

What do promotional PGs rely on?

A

Mass membership in the hopse this leads to mass activism. This kind of participation is growing in the UK

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124
Q

What can we conclude about political participation?

A

Political action is actually more widespread than ever before, even if it may be less intensive and place less of a burden on people’s time. The fall in turnout and party membership has been replaced by alternative forms of participation. Instead of being in crisis, participation is simply evolving and adapting to modern society

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125
Q

What do the terms franchise and suffrage both refer to?

A

The ability and right to vote in public elections

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126
Q

Who were suffragetes?

A

Women campaigning for equal voting rights to men

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127
Q

Why was the franchise extended in the 19th century?

A

Fearing the violence that had emerged during the 1789 French Revolution, the government gradually extended the franchise to more groups, from property owners, to skilled men, to most men

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128
Q

What was the last great struggle for suffrage?

A

To give women equal voting rights to men

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129
Q

Describe how the NUWSS came to be

A

In the 1860s, the Manchester Society for Women’s Suffrage was established, inspiring other local societies to form across the UK. These local movements would unite under the leadership of Millicent Fawcett in 1897

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130
Q

How many members did it have by 1914?

A

100,000 across 400 branches

131
Q

Describe how the WSPU came to be

A

Despite the work of the NUWSS, some women felt the pace of change was too slow, leading to its creation in 1903 by Emmeline Pankhurst and her daughters Christabel and Sylvia

132
Q

What slogan set the WSPU apart from the NUWSS?

A

‘Deeds not words’. They used violence and illegal methods to publicise the issue of female suffrage and put external pressure on decision makers

133
Q

How was this idea a success?

A

Because it did draw attention to the cause, leading people to talk about it, with the repressive government response drawing sympathy from some

134
Q

What caused the government to grant a partial extension of the franchise to women in 1918?

A

The work of women during the war and fear over the resumption of WSPU violence

135
Q

How did the WSPU respond to the 1918 ROTP Act?

A

They saw this as enough and disbanded

136
Q

What is the rule over peers voting?

A

They can vote as long as they are not sitting in the HoL

137
Q

Why are the homeless effectively disenfranchised?

A

Because they lack a permanent address

138
Q

Do members of the royal family vote?

A

They don’t, but there is no legal or constitutional contraint on them voting and they could if they wanted to

139
Q

What development of the franchise seems inevitable?

A

That 16 and 17 year olds will gain the franchise

140
Q

Describe how Votes at 16 came to be

A

Officially founded in 2001 under the coordination of the British Youth Council. As of 2020, the group had over 4,000 registered supporters. Works with groups such as the British Youth Parliament, the Electoral Reform Society and the National Union of Students to lower the voting age

141
Q

List some of the successes that Votes at 16 has had in shifting opinion

A
  • Lowering the voting age to 16 was in the party manifestos for Labour, Plaid Cymru, the Lib Dems, the SNP and the Greens
  • Before the 2019 GE, 7 conservative MPs publicly endorsed lowering the voting age to 16
  • The voting age for Scottish and Welsh elections has been lowered to 16
  • 16 year olds could vote in Indyref
  • Debate on the issue was held in 2012
142
Q

What type of progress has the movement made?

A

Gradual but steady

143
Q

How has the party been aided by a wider range of elected bodies and the increased use of referendums in comparison to what the suffragetes had?

A

It has allowed the campaign to persuade different parties who hold real power which has seen a lower voting age implemented in parts of the UK, which has helped 16 and 17 year olds prove that they can vote appropriately

144
Q

Explain how the campaign has been hindered by politics

A

With age now the main dividing line in UK elections, the addition of about 1.5 million overwhelmingly anti conservative voters could provide a significant boost to the more left leaning parties. This means that the successive conservative governments have not considered the reform

145
Q

Why does Votes at 16 rely on active membership?

A

Because the campaign mainly works to facilitate those who wish to campaign, by providing the necessary resources and advice to run a successful individual campaign, rather than running a large national campaign in itself

146
Q

What does a PG become if it decides it wants to exercise power?

A

A political party

147
Q

Give an example of this happening

A

The TU movement helped form the Labour party in the early 20th century

148
Q

List the functions of pressure groups

A
  • Represent sections of society who feel inadequately represented by parties and parliament
  • Protect minority interests
  • Promote causes inadequately taken up by parties
  • Inform and educate the public about key political issues
  • Call the government to account over its performance in key policy areas
  • Pass key info to government to help inform and influence policy
  • Give people an alternative means of political participation to party membership and voting
149
Q

How are PGs vital to a democratic and pluralist society?

A

They ensure an active and informed citizenry, offer the public choices and options that may not be recognised by political parties, and raise awareness of issues to ensure that all sections of society are heard and considered in the political process

150
Q

What do causal PGs want to convert their ideas into?

A

Government action or parliamentary legislation

151
Q

Give some examples of broad causes

A
  • The environment
  • Human Rights
152
Q

Give some examples of narrow causes

A

This is usually groups promoting local interests like the protection of green spaces or opposition to supermarket openings in high street areas

153
Q

Give some examples of prominent causal groups operating in the UK

A
  • Greenpeace
  • Friends of the Earth
  • Liberty
  • Unlock Democracy
  • People for the Ethical Treatment of Animals (PETA)
  • Campaign for Nuclear Disarmament (CND)
154
Q

Why is it unfair to say that all sectional PGs are self interested?

A

Some may be a hybrid in the sense that they think that by serving the interests of their members and supporters, the wider community will also benefit. For instance unions representing doctors and teachers will argue that if they are better paid and treated then the quality of education and healthcare enjoyed by all will increase

155
Q

Give some examples of prominent sectional groups

A
  • Age UK
  • BMA
  • Muslim Council of Britain
  • Taxpayers’ Alliance
  • The Confederation of British Industry
156
Q

List the 4 main features of causal groups

A
  • Altruistic insofar as they serve the whole community rather than just their members
  • Concentrate on putting pressure of gov by mobilsing public opinion
  • Often use direct action such as public demonstration, internet campaigns and sometimes civil disobedience
  • Seek widespread support
157
Q

List the 4 main features of sectional groups

A
  • Largely though not always self interested in that they serve the interests of their members and supporters
  • Although they also seek public support, they tended to favour links with decision makers
  • More responsible methods, often taking the parliamentary route to influence
  • Usually have a formal membership
158
Q

List the main ways in which insider groups operate

A
  • Seek to become involved in the early stages of policy and law making. This means that they are often consulted by decision makers and can sometimes offer expert advice and info
  • Employ professional lobbyists who gain access to decision makers and make high quality representations of their case
  • Government at different levels use special committees to make decisions about policy. Some groups may find themselves represented on such bodies and so have a specially privileged position. The National Farmers Union and the Institute of Directors have advised government on these committees, as have TUs and professional bodies representing groups of workers and members of those professions
  • Sectional groups may be called to testity before parliamentary committees, both select and legislative. Although they attend mainly to give advice and information, it is also an opportunity for some to have a long term influence
159
Q

What type of outsider groups will find that government do not want to be associated with them?

A

More radical groups, like the Animal Liberation Front, which have a history of using violent or illegal protests to raise awareness for their aims

160
Q

List the typical characteristics of outsider groups

A
  • Usually promotional groups. Sectional groups with an identifiable memberships and support groups are a useful ally in policy making while promotional groups have less certain legitimacy
  • Typical methods include public campaigning. Have recently begun to use social media as a tool to reach large sections of the population quickly. Do not seek to gain influence through direct lobbying or ministerial contacts, but by demonstrating to the government that public opinion is on their side
  • They do not need to follow standards the government will find acceptable, so have greater freedom in the methods they can use and are more likely than insider to use civil disobedience, mass strikes and publicity stunts
161
Q

What does the way in which groups look to promote their cause and achieve their aims largely depend upon?

A

The access points they have available to them

162
Q

Why are insider groups in a more advantageous position here?

A

Because they are regularly listened to be decision makers and sit on policy committees at local, regional, national and even supranational levels. Even at the local level groups will seek to foster relations with local councillors and the mayoral office to help provide them with opportunities to lobby those in power

163
Q

Define lobbying

A

The activity, commonly used by PGs, to promote their causes and interests. It can take place in various forms such as organising large gatherings at parliament or council offices, seeking direct contact with decision makers like councillors or ministers, and employing professional organisations to run campaigns

164
Q

What do groups do if they do not have insider access available to them?

A

They must look for alternative methods

165
Q

What do these groups without insider access tend to do?

A

Mobilise public demonstrations of support to encourage the gov to listen to them. Public campaigning can range from mass demonstrations, to creating and publicising e-petitions, to using celebrities for publicity, to using civil disobedience

166
Q

What are the aims of Plane Stupid?

A

To prevent airport expansions

167
Q

What methods have they used?

A
  • Invading airports and blocking flights
  • Invading airport terminals
  • Organising e-petitions
  • Blocking airport entrances
  • Delaying Heathrow expansion with a judicial review case
168
Q

What are the aims of the BMA?

A

They wanted to force the gov to withdraw a contract for junior doctors in 2016-7 after the failure of negotiations, lobbying and other insider tactics

169
Q

What methods have they used?

A

They resorted to the regular withdrawal of labour for routine operations and treatments

170
Q

What were the aims of the Stop the War Coalition in 2003?

A

To demonstrate public hostility towards the proposed invasion of Iraq

171
Q

What methods have they used?

A

A large scale public walk through in London and speeches held in Hyde Park denouncing the proposed action

172
Q

What are the aims of the Animal Liberation Front?

A

To end mink farming for fur

173
Q

What methods have they used?

A

They break into mink farms to release captive minks into the wild

174
Q

What are the aims of Extinction Rebellion?

A

To persuade the government to take immediate action on climate change

175
Q

What methods have they used?

A

They have organised major demonstrations that blocked important public roads, including Oxford Circus in London

176
Q

List some of the other methods that pressure groups can use

A
  • It is common for them to make donations to political parties in order to find favour for their cause or interest. TUs have long financed the Labour Party. Many business groups and corporations make large donations to all parties, but mostly the Conservative party. They hope to gain influence on policy through this
  • Media campaigns can be important. Groups hope that the press, TV or radio will publicise their concerns. Although broadcast media is politically neutral in the UK, some programming may publicise an issue to the benefit of the cause. Groups may help finance such programming. Press advertising can also be used
  • Some groups can gain personal support from an MP. Most MPs and peers promote the causes of one group or another, raising issues in debate and lobbying ministers directly. They are sometimes able to influence the content of legislation, proposing or opposing amendments, if they sit on legislative committees
  • Groups may resort to direct action intended to cause disruption, such as mass demonstrations or strikes. This may force the government to resolve, as we have seen with the RMT winning a pay deal off the gov
  • Some groups have resorted to illegal methods. This is often a last resort when all else fails, but they are also useful as a means of gaining publicity. For instance, Greenpeace have destroyed GM crops to publicise the dangers, with members of Plane Stupid, wishing to demonstrate the dangers of airport expansion, have trespassed Heathrow and disrupted flights
  • On some occasions a pressure group can pursue its interests through the courts by requesting judicial review if it feels that the gov or a state body has transgressed the rule of law or has discriminated against a certain group
177
Q

Give an example a pressure group gaining personal support from an MP

A

One real-life example involves the MP Caroline Lucas and her support for the pressure group Extinction Rebellion (XR). Caroline Lucas, the Green Party MP for Brighton Pavilion, has been a vocal advocate for environmental causes, aligning closely with XR’s goals of addressing climate change.

Caroline Lucas has publicly supported Extinction Rebellion’s efforts to raise awareness about climate issues and has even participated in some of their demonstrations. She has echoed XR’s calls for urgent action on climate change in Parliament, raising the group’s concerns and advocating for stronger policies to combat environmental degradation.

Her support for Extinction Rebellion exemplifies how an MP can personally align with a pressure group’s objectives and actively work to amplify their message and influence policy decisions related to their cause.

178
Q

How can PG success be seen as variable depending on the circumstances?

A

Because success will change with time and changes in gov

179
Q

List the permanent factors on pressure group success

A
  • Size of membership
  • Finance
  • Public mood
  • The strategic position of a particular sectional group
  • The attitude of the government
180
Q

How can finance cause success?

A

Wealthy groups can afford to run expensive campaigns, employ lobbyists, sponsor political parties and purchase favourable publicity

181
Q

How can membership size cause success?

A

The more supporters, the more pressure it can place on decision makers. Politicians do not want to fly in the face of public opinion as they regularly need to be re-elected

182
Q

How can the strategic position of a sectional group cause success?

A

A group that is seen as important to the economy or a key industry can put greater pressure on gov. Companies and industrial groups have greater leverage because they are important to the economy, as do the NHS

183
Q

How can public mood cause success?

A

The combination of public sentiment and strong campaigning can bring an issue to the attention of decision makers as politicians are more likely to support a popular cause

184
Q

How can government attitude cause success?

A

Groups are far more likely to be successful if the gov is sympathetic to their cause

185
Q

How can finance cause failure?

A

Groups with less funding struggle to organise effective campaigns, hire lobbyists, fund the production of websites, leaflets and research and therefore struggle to make their voices heard

186
Q

How can membership size cause failure?

A

Groups with smaller membership can be drowned out by larger groups. Fewer people to participate and raise funds means it will be harder to achieve their goals

187
Q

How can the strategic position of a particular sectional group cause failure?

A

Groups seen as unimportant can be ignored, especially when competing against an important group. The Occupy movement failed because it was up against the strategically important finance sector

188
Q

How can public mood cause failure?

A

Public mood can turn politicians against certain organisations. This could either be because of unpopular goals, like supporting terrorist and prisoner rights, or because of unpopular methods

189
Q

How can government attitude cause failure?

A

It the gov is determined to follow a cause of action a group opposes, it is very unlikely they will be able to change it, notably seen in the failure of the 2003 Stop the War Coalition

190
Q

What does ASH stand for?

A

Action of Smoking and Health

191
Q

How was it founded?

A

In 1967 by academics and interested parties

192
Q

Objectives

A

The spreading of knowledge about the harmful effects of tobacco and pressing govs to adopt policies to reduce tobacco use

193
Q

Methods

A

Conducts research and publicises existing research about tobacco impact. Shares this research with gov and the public. Sponsored research into the impact of passive smoking and e-cigs. Largely an insider group, focused on lobbying gov and legislators, mainly using scientific data to underpin its case

194
Q

Successes

A
  • Restrictions in tobacco advertising and sponsorship
  • Health warnings on cig packets
  • Persuading government to increase tax on tobacco as a deterrent
  • Restricting point of sale advertising and promotion
  • Campaigning for a law banning smoking in public places
  • Persuading gov to develop a law preventing smoking in cars carrying children
195
Q

Failures

A

Would like to go further on smoking bans and concerned over the harm of e-cigs. Not succeeded in changing gov policy here

196
Q

Why is it successful?

A

Helps the gov make policy by providing evidence and info. Acts responsibly and has built up a network of support in parliament and gov

197
Q

What does RMT stand for?

A

The National Union of Rail, Maritime and Transport Workers

198
Q

How was it founded?

A

In 1990 through the merger of the National Union of Railwaymen and the National Union of Seamen to create a single transport industry trade union

199
Q

Objectives

A

The promotion of better pay and conditions for members, including better pay and shorter working hours

200
Q

Methods

A

Negotiates contracts with major transport companies for better terms and safety. Lobbies governments for legislative protections and the safety of workers. Organises and conducts strikes to encourage employers to meet their demands, which can be effective due to the dominance of the RMT in key sectors, like tube drivers in London. Also runs a credit union to help support members financially. Mostly affiliated with the Labour Party. In the past it has put up candidates for election and has endorsed other parties if it feels that their members interests are better represented by them

201
Q

Successes

A
  • In 2016 it secured a £500 consolidation payment to all operational staff following the introduction of the Night Tube Service
  • Helped members bring legal action following injury and unfair dismissal, including a £55,000 payment to a worker who lost the tip of their index finger in an industrial accident
  • Securing bonus payments for workers during the 2012 Olympics
  • Improving safety standards on offshore oil platforms, as well as on trains and ferries
  • Creating a credit union to help members with finances
202
Q

Failures

A

Despite long campaigns against the closure of ticket offices on the tube network, the offices have been closed. The gov remains committed to removing guards from trains, which the RMT has vehemently opposed on safety grounds. Not all its campaigns for higher wages and better conditions have been successful, particularly away from London where the transport network is not such an integral part of the economy

203
Q

Why is it successful

A

Main union representing workers on the London Underground, meaning it represents workers on a strategically important transport network. Strikes can have a direct economic impact as well as embarrassing the gov. The threat of strikes in 2012 was particular effective as the gov was at risk of international embarrassment as the transport network could have collapsed during the games

204
Q

What are three main components of pluralist UK democracy?

A

Political parties, pressure groups and social media activity

205
Q

Explain the idea of pluralism

A

The idea that there are multiple means by which different groups and sections of society can have their voices heard and have opportunities to influence government at all levels

206
Q

What important channel of communication do PGs facilitate?

A

Communication between the gov and the governed. Citizens often feel that their influence through elections, referendums and parties is too weak. Parties cannot represent a wide enough range of causes and interests, while elections and referendums are relatively infrequent. It is therefore important that there are alternative means by which citizens can communicate with government. Without PGs providing this link citizens could feel powerless and ignored, which is a dangerous situation for democracy

207
Q

State the ways in which they enhance democracy

A
  • Help disperse power and influence more widely
  • Help educate the public about important political issues
  • Give people more opportunities to participate in politics without having to give up too much time and attention
  • Can protect and promote minority rights
  • Can help call the government to account by publicising the effects of policy
208
Q

Ways that they threaten democracy

A
  • Some are elitist and tend to concentrate power in too few hands
  • Influential groups may distort info in their own interests
  • Internally undemocratic ones may not accurately represent the views and opinions of their supporters
  • Wealthy groups wield disproportionate influence
  • The use of civil disobedience and illegal methods can undermine the rights of other citizens
209
Q

Give three other organisations that look to influence policy

A
  • Think tanks
  • Corporations
  • Lobbyists
210
Q

Compare these organisations to PGs

A

Although the may adopt some similar methods, they operate and act in slightly different ways that mark them out

211
Q

Where did the term think tank originate?

A

It was a military term in WWII to describe bodies that developed strategy and ideas

212
Q

What is a think tank?

A

A body of experts brought together to focus on a certain topic to investigate and offer solutions to complicated social, economic, or political issues

213
Q

What is a lobbyist?

A

Paid by clients to influence the gov or legislators to act in their clients interests, particularly when legislation is under consideration

214
Q

What are think tanks seen as today?

A

Public policy research organisations

215
Q

What is their main role?

A

To carry out research and develop policy ideas that can then be adopted by parties and govs

216
Q

How does this make them similar to PGs?

A

Because they both look to influence those in politics

217
Q

How are they funded?

A

From endowments from wealthy patrons or businesses, the may also be funded by donations from individuals or be affiliated to academic institutions

218
Q

How have they replaced one of the traditional roles of parties?

A

Because they carry out the work of policy research

219
Q

What is the benefit of think tanks taking on this role?

A

Policies can be developed and considered away from public scrutiny and tested before being adopted by parties. This delegation also allows parties to save time and resources

220
Q

What is the downside to them taking on this role?

A

Many thinks tanks are founded with a clear aim or objective in mind and so may produce research to support a particular POV that may not be in the public interest. Think tanks often produce research to support the interests of their donors

221
Q

Give an example of this

A

The Institute of Economic Affairs (IEA) is a free market TT without close links to the conservative party. Dominic Raab spoke at its 60th anniversary event and launched an annual essay competition funded by the group. It is critical of gov measures to reduce or restrict harmful activities, such as smoking bans, sugar taxes, bans on fast food advertising, and has even called for the NHS to be replaced by a private insurance based system. One of its main donors is British American Tobacco, which raises questions over whether the public policy research it carries out is really in the public interest

222
Q

Give an example of how TTs can play an important role in a democratic society

A

In Feb 2020, the National Institute of Economic and Social Research scrutinised the gov budget, raising questions about the viability of its growth targets that were widely reported by the media. The competing views and range of ideas and opinions publicised by TTs help promote a pluralist, well educated society

223
Q

Give some prominent examples of neutral TTs

A
  • ResPublica - General policy issues
  • Chatham House - International affairs
  • Centre for Social Justice - Policy on welfare issues
  • Demos - Current political issues
  • The National Institute of Economic and Social Issues - economic issues
224
Q

Give some prominent examples of left wing TTs

A
  • The Fabian Society - Issues concerning social justice and equality
  • Institute for Public Policy Research - various left wing policy ideas
225
Q

Give some right wing TTs

A
  • The Adam Smith Institute - Promoting free market responses to economic issues
  • The IEA - Free market group with close ties to the conservative party
  • Centre for Policy Studies - Promoting Thatcherite ideas
226
Q

Liberal TTs

A

The Centre for Reform - Dedicated to promoting Lib Dem values
Reform - Concerned with policies on welfare, public services and economic management

227
Q

What is lobbying?

A

The act of trying to persuade those in power to follow a particular course of action

228
Q

How can ordinary individuals lobby?

A

By writing to their MP, signing a petition or demonstrating, to try and persuade those in power of the validity of their view. In this way the act of lobbying is fundamental to a democratic society

229
Q

What does the term ‘lobbyist’ mean?

A

They are distinct organisations or individuals that sell their expert knowledge of the political process

230
Q

What are lobbying companies referred to as?

A

PR groups

231
Q

Who do PR groups hire?

A

Those with close relationships to those in power, usually former advisors or staff for a particular politician, and with expertise in which bodies, committees and groups they target. They create strategies for clients to access the political process. In this sense, they are selling insider status

232
Q

What will lobbyists provide clients with at a basic level?

A

A ‘map’, giving them advice to follow in order to achieve their aims, effectively giving clients a political blueprint to try and influence those in power. This could be anything from a charity trying to persuade the gov to grant more funding or adopt a different strategy, to businesses trying to secure exemptions from certain laws or taxes that impact them

233
Q

Give an example of a campaign put together by lobbyists in 2012

A

They developed a new ‘save our shops’ campaign in conjunction with the National Federation of Retail Newsagents and the Association of Convenience Stores to persuade MPs to exempt local newsagents from new laws to keep tobacco products behind closed shutters. The campaign persuaded 80 MPs to back to exemption and gained some public support through media reports

234
Q

How does this campaign show how lobbyists can be negative for democracy

A

The campaign was a creation by lobbyists to persuade public opinion. It was funded by British American Tobacco, allowing them to circumvent the laws preventing tobacco companies from lobbying MPs. Although the campaign ultimately failed, it still managed to persuade 80 MPs and allowed British American Tobacco to circumvent laws, showing the danger of lobbyists

235
Q

What do lobbyists offer at a more advanced level?

A

They will arrange events so that their clients have an opportunity to meet with those in power, often through corporate hospitality by offering political figures free tickets to sporting or cultural events at which they will be sat next to clients who have paid for the privilege

236
Q

What do lobbyists offer at the highest level?

A

They will meet on the behalf of their clients in order to try and persuade decision makers in private meetings. This is why people with direct personal contact or high status are often hired by lobbysists to help gain this impact

237
Q

Give some examples of lobbyists hiring people with high status and direct personal contact

A
  • Former foreign secretary Jack Straw claimed that in 2015, he had used his EU contacts to change sugar regulations on behalf of ED & F Man Holdings, which paid him £60,000 per year
  • Former spAds like Denzil Davidson have gone to work for lobbying firms like Global Counsel
238
Q

Who set up Global Counsel?

A

Former advisor, MP and current member of the Lords, Peter Mandelson

239
Q

Why does hiring a lobbyist not guarantee success?

A

They are not always successful as politicians consider many factors before making decisions

240
Q

Why can the case be made that the input of lobbyists aids democracy?

A

Sometimes be helping organisations access those in power, lobbyists can improve legislation by offering advice and perspectives that may otherwise have been missed

241
Q

Why does the general perception remain that lobbying is bad for democracy?

A

The perception is that in offering their services to those with money, they benefit the wealthy at the expense of the public interest, undermining the concept of a pluralist democracy. It also undermines confidence in politics in general and raises questions about who politicians really serve, especially when considering the £2 billion a year is spent on lobbying

242
Q

Give some prominent examples of lobbyists and who they represent

A
  • The Cicero Group - Financial services, infrastructure companies, energy and transport
  • Frederic Michel - News International
  • Adam Smith - Former spAd who lobbies for PaddyPower
  • PLMR - Specialise in political lobbying and media relations
  • Hanbury Strategy - Specialise in political communication for anyone who faces a curent political risk or issue, though the client list is not made public
243
Q

Give some examples of corporations so big that they essentially qualify as a sectional PG in their own right

A
  • Google
  • Starbucks
  • Facebook
  • Amazon
  • Virgin
244
Q

How will these corporations act in their own interests politically?

A

They resist proposed legislation that might hinder their operations and seek to emphasise the positive economic role they play

245
Q

Why do they have a strategically important place in the economy?

A

Because they employ large numbers and account for a large proportion of economic activity. This effectively gives them insider influence and they will have their own in house TTs and lobbyists (usually in their PR department), thereby avoiding the need to hire lobbying companies

246
Q

Give some examples of these corporations being successful in lobbying the gov

A
  • Successful resistance to calls for increased corporation tax
  • Alcoholic drinks have campaiagned against price controls to disincentivise excessive drinking
  • The confectionary industry has resisted and toned down gov attempts to reduce the sugar content of its products in an anti-obesity drive
247
Q

What does the term Human Rights mean?

A

Fundamental rights that apply to all and cannot be adbridged or removed, at least in theory

248
Q

When did the idea of HR develop?

A

In response to the horrors of WWII

249
Q

What two different concepts to HR combine?

A

Civil rights and civil liberties

250
Q

What is the difference between the two terms?

A
  • CL involve protections against arbitrary and excessive state intereference
  • CR have to be actively protected and enforced by the gov in order to ensure that you can exercise them fully and freely
251
Q

Give some examples of CLs

A
  • Freedom of speech
  • Freedom of assembly
  • Freedom of the press
  • Freedom of religious worship
  • Right to a trial by jury
252
Q

Give some examples of CRs

A
  • Right to life
  • Freedom of discrimination
  • Right to exercise your vote
  • Right to equal treatment
  • Right to an education
253
Q

What three things must HRs be?

A
  • Absolute - Cannot be compromised or diminished in any way
  • Universal - They apply to everyone
  • Fundamental - An essential part of life and so cannot be removed for any reason
254
Q

In what document were the 1st set of CLs introduced to the UK?

A

In the Magna Carter in 1215

255
Q

What did it do?

A

First attempt to limit the power of the monarch (the gov of the day) by ensuring protections against arbitrary rule. Included the right to trial by jury and that the monarch could only impose taxes with the consent of the people

256
Q

Describe the next update to CLs in 1689

A

Under the influence of John Locke, parliament drafted the BoR, another set of CLs designed to protect people from military dictatorship under William of Orange. Ensured that a monarch could not take England into a foreign war without its agreement and that people were to be free from cruel and unusual punishment

257
Q

What has been the traditional status of rights in the UK?

A

Everyone citizens was presumed to have rights unless they were prohibited by law. These were sometimes referred to as negative or residual rights. . For instance it was assumed that people had freedom of movement unless there was some legal obstruction, such as a if a person was convicted of a crime and sentenced to custody

Rights were sometimes stated explicitly as a result of a court case where rights were in dispute. Here, a judge would decide on the normal or traditional way the dispute would be settled. Having made their decision, the judge would then declare what they understood people’s rights to be. In doing so the judge was declaring common law

258
Q

What is common law?

A

Traditional conceptions of how disputes should be resolved and what rights individuals have. Established by judges when they set judicial precedents on the basis of what they consider to be traditional

259
Q

Give an example of how common law works

A

If a married couple split up, there might be a dispute as to how to split up their positions, in other words the rights the couple have against each other. If there was no statute law to cover the situation, the judge would have to declare what the common law was. Once the judge had declared what the common law was in a particular circumstance, they had created a judicial precedent. A great body of common law and common law rights was set up over the centuries

260
Q

Who established the ECHR?

A

The Council of Europe in 1950. The UK helped draft the convention but did not accept it as binding on its gov until 1998

261
Q

Why have rights been traditionally hard to enforce in the UK?

A

The negative rights that have traditionally been in place existed in the absence of law and were therefore difficult to enforce, meaning people’s protections were limited

262
Q

Why did this make the HRA so important?

A

Because rights were now protected and respected by law, giving the courts an important means to protect the rights of citizens and act as a check on the gov. This marked the most significant development of rights in UK history

263
Q

How did the HRA revolutionise rights protection?

A

Established a wide range of rights to replace the patchwork of statute and common law rights. Legally binding on all bodies apart from parliament and politically binding on parliament. Enforced by the courts at all levels meaning laws passed at any level should conform to its requirements

264
Q

Describe the state of info held by public bodies traditionally

A

Citizens had no right to see it, whether it related to them personally or not

265
Q

What had become clear about this by the late 20th century?

A

The UK was out of step with the modern democratic world in this respect. In the USA and other places laws had been passed to allow citizens to see info held about them by organisations like the tax authority, social security or schools and then this was extended to info held by public bodies that it would be in the public interest to see

266
Q

Why was this secrecy in gov seen as negative?

A

Because it was a barrier to accountablility

267
Q

When was the FOI Act passed?

A

2000

268
Q

How has the act proved useful?

A

Tool for social and political campaigners, MPs and the media by allowing them to access info not available in the past. Allowed them to improve the health service, the police, the civil service and educational establishments by shedding light on activities and promoting reform

269
Q
A
270
Q

What were the two parliamentary statutes that established formal equality before the 2010 Equality Act?

A
  • 1965 Race Relations Act
  • 1970 Equal Pay Act
271
Q

What is formal equality?

A

Legally established equality

272
Q

What did the 1965 Race Relations Act do?

A

Outlawed most kinds of discrimination on the basis or race

273
Q

What did the the 1970 Equal Pay Act do?

A

Required employers to offer equal pay to men and women doing the same job

274
Q

Why were these two acts limited?

A

They failed to establish a full notion of equality by missing out other groups who have been discriminated against, like the disabled and LGBTQ+ members

275
Q

Under whose management did the 2010 Equality Act pass?

A

Labour minister Harriet Harman

276
Q

What did the act do?

A

Requires that all legislation and decision making by gov at any level must take into account formal equality for different sections of society, outlawing discrimination against any group

277
Q

Equality is required and discrimination is outlawed on the following grounds under the act…

A
  • Age
  • Disability
  • Gender reassignment
  • Marriage or civil partnership
  • Race
  • Religion or belief
  • Sex
  • Sexual orientation
278
Q

In theory any kind of discrimination is illegal under the act but it tends to apply to the following areas…

A
  • Employment and pay
  • Gov services at all levels
  • Physical and mental healthcare
  • Housing in both sales and renting
  • Education
  • Financial services
  • Policing and law enforcement
279
Q

How is equality of this kind important for group politics and a healthy pluralist democracy?

A

By ensuring both formal and informal equality between different groups and section of society, it is more likely that their demands and interests will be taken into account

280
Q

What principles of UK law did the act confirm?

A

That all citizens have equal rights

281
Q

How has the act provided greater access to rights protection?

A

People can now go through the courts if they feel they have been discriminated against, helping develop democracy

282
Q

What is the main flaw that all of these pieces of legislation share despite the fact that have all helped make rights enforceable?

A

PS means parliament has the ability to create rights and take them away. It is not possible to create a codified set of rights that are binding on future parliaments. The rights pressure group Liberty has pointed out that legislation alone does not guarantee rights. It is ultimately up to parliament to make sure that they are protected

283
Q

Give an example to prove that the HRA is not binding?

A

Because New Labour would go on to ignore it with some of its anti-terrorist laws

284
Q

Why is perhaps unfair to say that the UK cannot effectively enforce and protect rights due to PS?

A

Parliament finds the ECHR politically binding and all other bodies find it legally binding. The UK maintains an international reputation for protecting human rights. This is one of the reasons why so many refugees, migrants and asylum seekers come here. The UK is a haven for human rights compared to many other countries

285
Q

Why is unfair to criticise to UK for suspending rights at certain times?

A

Because all countries do this at times of emergency

286
Q

How did this occur in the 1970s?

A

The gov introduced internment in NI. This is the imprisonment without trial of suspected terrorists. This was done in response to the Troubles

287
Q

How did a similar thing happen in the early 21st century?

A

Parliament allowed the gov to hold suspected terrorists for long periods without trial

288
Q

How were rights suspended in 2020 for public health reasons?

A

Various rights associated to freedom of movement and association were infringed upon to combat COVID

289
Q

Strengths of UK rights protection

A
  • Strong common law tradition
  • UK is subject to ECHR
  • Judiciary has a reputation for being independent and upholding the rule of law, even against the expressed wishes of the gov and parliament
  • Principle of equal rights clearly established
290
Q

Weaknesses

A
  • Common law is vague and disputed and can be set aside by parliamentary statutes
  • PS means that it can ignore the ECHR and repeal the HRA
  • Due to increasing international terrorism, increased pressure on gov to curtail rights in favour of national security
  • The right to privacy, the rights to association and the right to freedom from imprisonment without trial have all been put under threat
  • What equality means is disputed and some groups have come into conflict over the enforcement of their rights, such as religious groups and the LGBT community
291
Q

What does A v Secretary of State for the Home Department (2004) (AKA the Belmarsh case) show us about rights protection in the UK?

A

The 2001 Anti Terrorism, Crime and Security Act allowed for the indefinite detention of foreign terror subjects without trial or charge. The Law Lords ruled that this was a violation of the ECHR, thinking it important to uphold rights even in the presence of national security concerns. The gov then amended the act to comply with the judgement. The judiciary checked and balanced the actions of parliament and upheld the rule of law

292
Q

What does the Stienfeld and Keiden v Secretary of State for International Development (2018) tells us about the strength of rights protection in the UK?

A

The case of Steinfeld and Keidan v Secretary of State for International Development (2018) is significant as it deals with the issue of civil partnerships and marriage rights in the UK. It involved a challenge to the law that restricted civil partnerships to same-sex couples, while allowing opposite-sex couples to enter into marriage.

This case reflects several aspects regarding the strength of rights protection in the UK:

Inequality and Discrimination: The case highlighted the inequality arising from the legal distinction between civil partnerships and marriage for heterosexual couples. The law, as it stood, denied opposite-sex couples the option of entering into a civil partnership, which some argued constituted discrimination on the basis of sexual orientation.

Violation of Rights: The Supreme Court ruled that the existing law, which restricted civil partnerships to same-sex couples, was incompatible with the European Convention on Human Rights (ECHR). This underscored the importance of rights protection and equality under the law, emphasizing the need to prevent discrimination based on sexual orientation.

Policy Changes: The judgment prompted the government to review and amend the law to rectify the discrimination identified by the court. Consequently, legislation was introduced to allow opposite-sex couples in England and Wales to enter into civil partnerships, offering them the same legal status as same-sex couples.

Advancement of Rights: The case demonstrated the role of the judiciary in advancing rights protection and promoting equality. It highlighted the need for evolving laws to reflect changing societal attitudes and ensure equal treatment under the law for all individuals, regardless of sexual orientation.

Overall, the Steinfeld and Keidan case showcased the strength of rights protection in the UK by emphasizing the importance of equality and non-discrimination under the law. The ruling prompted legislative changes that expanded rights for opposite-sex couples seeking civil partnerships, aligning with principles of equality and human rights.

293
Q

What do the variety of civil liberties groups in the UK do?

A

Champion and defend CRs and CLs in the UK and internationally

294
Q

How are these groups similar to PGs?

A

They allow members to join and participate in demonstrations and activities in which they believe

295
Q

How do these groups go beyond the traditional PG model?

A

They also work as TTs and lobbyists, conducting research on rights issues, providing evidence and reports about rights abuses, trying to persuade those in power to champion a cause or amend existing legislation, or speak up in support of an issue on an international stage and bringing legal challenges on behalf of those who have had their rights denied

296
Q

How have these groups gained a boost recently?

A

The aforementioned legislation has granted them important tools to promote CLs and CRs in Britain. The growth of JR in the 21st century has allowed them to become even more influential as well as helping promote the wider rights culture that they desire

297
Q

How are these CLs groups viewed within society?

A

Sometimes there actions, decisions and organisation can become controversial, but generally they are seen as a positive force for promoting and defending CRs and CLs

298
Q

When was Liberty founded?

A

1934

299
Q

Aims upon founding

A
  • Challenge UK gov measures to restrict freedoms and combat the rising threat of fascism
300
Q

Objectives today

A

Fight to protect and uphold CRs and CLs across the UK and develop a wider rights culture across society

301
Q

Methods

A

Number of methods. Research and investigations into rights abuses and restrictions, seeking to publicise them through media campaigns. Utilises both mainstream traditional and social media to spread awareness and engender support. Support legal challenges brought against rights abuses, challenging what they regard as unfair and unjust laws that challenge CLs and CRs such as a recent challenge to lockdown restrictions, as well as providing legal advice and support to cases of discrimination against gay rights, women’s rights and disability rights. Work with gov and parliament to advice on legislation to ensure HRA compliance. Regularly organises petitions, increasingly online, protests and public demonstrations to raise awareness of issues and demonstrate that they have public support

302
Q

Successes

A
  • Brought a 2020 case forward under the HRA to successfully pressurise Bournemouth, Christchurch and Poole (BCP) Council into removing parts of the Public Spaces Protection Order that was being used to criminalise rough sleepers and beggars
  • Won a 2020 court of appeal ruling against the legal framework used by South Wales Police when using facial recognition technology
  • Brought forward a successful legal challenge in 2017 to the SC about a loophole in the Equality Act which had allowed employers to not provide equal spousal provisions for same sex couples. The SC ruled that the loophole was unlawful under EU law
  • Following the 2015 GE, they launched a campaign to ‘save the HRA’ to publicise and oppose the commitment in the Conservative party manifesto to repeal and replace the HRA with a British BoR. Although the conservative gov has continued to talk about this step it has not appeared in subsequent manifestos and the HRA remains intact
  • In 2012 they campaigned against the Justice and Security Bill which would allow non-disclosable (secret) evidence. The then leader attended the Lib Dem party conference, as they were then part of the coalition, to persuade the party to pass a motion against the bill
303
Q

Failures

A
  • Failed to ban the use of facial recognition across the UK, which is still used by many security organisations, including the Met Police
  • Despite online petitions and campaigns against lockdown restrictions in 2020-1, this did not stop the gov curtailing rights in favour of public health
  • In 2019 the court of appeals rejected an application by Liberty to bring a legal case that would have prevented a no-deal Brexit
  • Despite persuading the Lib Dems to pass a motion against the 2012 Justice and Security Bill, it became law in 2013
304
Q

Why is it successful?

A

Both a non profit organisation that operates like a TT and a membership association, like a causal PG. This and the fact that it is well established gives it a large membership base to call on when organising demonstrations, and campaigns, while also employing legal expertise and experience to bring legal challenges to the court. Has been able to use the HRA to bring challenges to the courts. Benefitted from a charasmatic leader from 2003-16, Shami Chakrabarti, who was able to raise the public profile of the group as well as having close ties to the Labour Party

305
Q

How was Amnesty International founded?

A

Founded in 1961 in London by English barrister, Peter Benenson, who claimed he was inspired by an account of 2 Portuguese students who had been sentenced to 7 years in prison for a toast to liberty. It operates as a global campaign group or an International Non-Governmental Organisation that aims to protest people wherever they believe justice, freedom, truth and liberty have been denied. In addition to exposing and ending abuses, they aim to educate and the public and mobilise them to create a safer society

306
Q

Methods

A

Its main work has been raising awareness of public rights abuses and other CL infringements, while mobilising public support to put pressure on gov to act and support reform. Traditionally this would be done by a letter campaign - local branches and smaller groups are tasked with writing to an at-risk-individual to show support as well as writing letters to the gov concerned or other govs in the hopes that they can pressurise the offending gov into taking action. Today email and Twitter are used, such as the #FreeNazanin to pressurise the Iranian gov into releasing British-Iranian Nazanin Zaghari-Ratcliffe. It will give advice and produce proforma letters and emails for people to fill in themselves to add their own voice. Organise public demonstrations, petitions and vigils to raise awareness and put pressure on gov. Extensively research and publicise reports to highlight issues and educate the public and public officials. Their most important method is coordinating their 7 million members to ensure focused and targeted campaigns that can provide maximum pressure

307
Q

Successes

A
  • ‘Write for rights’ campaign has seen many released from prison or having their rights restored, like the release of Yecenia Armenta in Mexico in 2016 who had been jailed on the basis of a confession extracted after 15 hours of torture, the release of Fred Bauma and Yves Makwambala in the DRC in 2016 who had been detained because of their pro-democracy work and having Magai Matiop Ngong’s death sentence commuted in South Sudan in 2020 as he was only 15 at the time of his initial sentence
  • Following 2 major oil spills in Nigeria in 2008-9, they campaigned for compensation for the 15,000 farmers and villages who had been directly impacted by the spills, which had apparently been caused by the negligence of shell. In 2015, Shell agreed to pay £84 million in compensation
  • Used satellites in 2013 to capture images of HR abuses in NK, South Sudan and Syria which helped raise awareness and which can be used in future court cases
308
Q

List the different successes they contributed to in 2020

A
  • The release of Teodora del Carmen Vasquez from prison from El Salvador after receiving a 30 year sentence for having an abortion (when she infact had a stillbirth) was reduced
  • 8000 prisoners of conscience were released in Myanmar
  • A referendum result in Ireland that ended the ban on abortions after releasing a 2015 report encouraging this decision
  • India decriminalised same-sex relationships
  • The European Parliament passed a resolution calling for a ban on fully autonomous weapons systems
  • The government of Malaysia and the US state of Washington announced plans to abolish the death penalty
309
Q

Failures

A
  • Despite arranging 38,000 members in online action and repeated calls for the international community to do something, China continues to detain certain Muslim groups living in the country
  • A number of national govs have criticised it for one sided reporting and the failure to recognise security threats making it harder for them to persuade these govs to take desired action. These countries include Australia, China, India, Israel and the USA
  • Failed to persuade the Vatican to retract their objections to abortion
  • Received criticism for high salaries for top officials and excessive pay outs for former senior figures. Former Secretary General Irene Khan received a pay out of over £500,000 following her resignation despite being on an annual salary of £132,0000
  • Following two suicides in 2018 by its empoyees, both citing work related issues, a 2019 report revealed it had a toxic workplace environment with a culture of racism, sexism, bullying and harassment. By Oct 2019, 5 of the 7 board members had resigned with generous redundancy packages, further undermining the intergrity of the organisation
310
Q

Why is it successful?

A

Due to large international membership base and close relationship with other international organisations and govs. Its role in helping facilitate coordinated efforts helps facilitate those who want to fight for HRs in a way that is more likely to be successful. Strong financial resources that allow it to carry out intensive research and produce resources that are respected and recognised as well as employing full time staff across the globe to try and investigate and run their campaigns across the globe to investigate and run their campaigns. Despite recent controversies, it benefits from strong global recognition, having developed strong ties with many western govs, including the UK and as a result of winning the Nobel Peace Prize in 1977. Also enjoys considerable celebrity support

311
Q

What do citizens have in return for the rights they receive?

A

Responsibilities - despite never being codified in the UK, there is no doubt that they exist

312
Q

Why has the issue of what responsibilities citizens have become more acute?

A

With the increasing amount of immigration into the UK

313
Q

What relationship are rights and responsibilities thought to have?

A

That rights can only be earned by citizens if they are matched with responsibilities, though this has never been firmly established

314
Q

Give a list of clear citizens’ responsibilities

A
  • Obey laws
  • Pay taxes
  • Care for their children
  • Undertake jury service when required
315
Q

Contentious citizens’ responsibilities

A
  • Serve in the armed forces when the country is under attack
  • Voting
  • Respect the rights of other citizens
  • Respect the dominant values of the society
316
Q

Explain the difference between clear and contentious responsibilities

A

Clear ones are enshrined in law. You run the risk of prosecution if you do not observe them. The contentious ones may also be enforceable, but people will question them if they are

317
Q

What two different types of rights can come into conflict?

A

The rights of individuals can clash with the rights of the community or certain sections of the community. Very often there is no solution to these conflicts, but politicians are called upon to adjudicate. Conflicts also occasionally end up in the courts for resolution

318
Q

I’ll give an individual right and you give the collective right that could come into conflict with it

A

!!!

319
Q

Freedom of expression

A

The rights of religious groups not to have their beliefs satirised or questioned

320
Q

The right to privacy

A

The right of the community to be protected from terrorism by security services that may listen in on private communications

321
Q

The right to demonsrate in public places and thus cause disruption, granted by the rights of association and free movement

A

The right of the community to their own freedom of movement

322
Q

The right to strike in pursuit of better pay and working conditions

A

The right of the community to expect good service from public servants who are paid from taxation

323
Q

Describe the Campbell v Mirror Group News Ltd case (2004)

A

In 2001, the Mirror published pictures of supermodel Naomi Campbell leaving a clinic that dealt with her narcotics addictions. The triggered a legal case pitting her right to privacy against their right to freedom of expression. She sued the newspaper on the grounds that they had breached her right to privacy. She said that it drew attention to the location of the clinic and would act as a deterrent to her and others using it for further treatment. The Mirror Group claimed that it had the right to publish the pictures under freedom of expression as they helped illustrate the public article and that as she was a public figure who had previously denied taking drugs, it was in the public interest to publish the supporting evidence. Initially the High Court ruled in favour of Campbell but this was overturned by the court of appeals, ruling that the photos did not breach the right to privacy. The case would be settled by the Law Lords in 2004. They had to balance the demands of article 8 of the HRA, which covered the right to privacy, with article 10, which dealt with freedom of expression. They had to consider both aspects and the potential impact of the ruling. First they had to determine whether the right to privacy had been breached by the publishing of the photos and whether or not ruling against the mirror would have a detrimental impact on their freedom of expression. The Lords ruled 3-2 that Campbell’s right to privacy outweighed the right to free expression of the mirror

324
Q
A

Politics (Mr Brown) (66 decks)

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