DEMOCRACY AND PARTICIPATION Flashcards
describe R v sec of state for housing, communities and local government and what it shows about collective and individual rights
2020
- homeless individuals were using public spaces to protest and camp
- they argued that evicting them infringed on their individual rights under the ECHR (right to privacy)
- the government claimed that they had a collective interest in maintaining public spaces and preventing anti-social behaviour
- court ruled in favour of the government claiming that collective rights of the wider community for using spaces and preventing anti-social behaviour outweigh individual rights
shows:
- collective rights are supreme to individual rights in order to maintain public order, spaces and prevent anti-social behaviour
describe the work of the resolution foundation and their IMPACT
- 2013 = report called More than a Minimum which exposed the inefficient National Minimum Wage system and reinforced a dependence on state benefits
- the report advocated for higher wages to reduce state dependency and allow for economic independence
IMPACT:
- 2015 = Osborne introduced the National Living Wage
- the policy introduction of the wage directly cited the research of the Resolution Foundation
- minimum wage was increased from 7 pounds to 10 pounds an hour by 2024 under its campaigning and the Low Pay Commission
- impacted majority of people
describe the work of coca cola on the sugar tax and its IMPACT
- 2018 - a soft drinks industry levy (tax based on sugar volume in product) was introduced in order to counter childhood obesity and promote lower sugar content in drinks - would make such drinks more expensive
- coke met with policy makers and heath committees to reinforce how the tax would disproportionately impact small business and low income earners
- coke was forced to begin its launch of diet coke and other alternatives
impact:
- coke had a MINIMAL IMPACT - the government proceeded with the sugar tax by implementing lower rates to such drinks
- the media campaigns and meetings all failed to influence the government
- coke was forced to intensify its campaigning for low and zero-sugar alternative
give examples of interest groups and their membership
- national education union - 450,000 teachers
- confederation of british industry - represents 190,000 businesses
why may be it be argued that the UK ineffectively promotes rights (4)
- parliamentary sovereignty - concentrates power with the executive, and the UNELECTED judiciary cannot combat this
- unelected judiciary - lack the mandate and the legitimacy to counter the executive (who’s main function is to protect rights)
- these institutions do not want to counter the expertise of the government and be too empowered - nature of judiciary - judiciary only moderate laws, not go against them
- uncodified constitution - there is no consistency in when rights are protected or not because they are not codified
describe the work of the electoral reform society and if they have had a positive or negative IMPACT (describe the impact)
description:
- it focuses on removing the FPTP voting system, and adopting a system of proportional representation
- it uses reports, grassroots campaigns and direct affiliation with political parties to amplify their message
- they have released reports about the disproportionality of the FPTP voting system, and how it does not lead to adequate competition for seats
- promotes collaboration with MPs which exerts pressure on them to act
- use of public education and media to constantly remind people about the importance of media outreach
impact:
- 2022 = labour for a new democracy proposal which advocated for PR in the labour party, in which members of the ERS lobbied and directly met with party members at the 2022 labour party conference
- in 2022, delegates of the labour party voted in favour of adopting PR as a party policy
- proportional voting systems were then adopted in scotland, wales and northern ireland (through STV)
- HOWEVER, labour has not yet introduced this, despite an 174 seat majority
how may lobbyists such as liberty not be effective, and give examples
- the government is not bound to enforce and support their suggestions - not legally binding suggestions
examples:
- 2012 “for their eyes only campaign” as a response to government secret courts through the Justice and Security bill
- it would allow evidence to be non-disclosable
– Jo shaw passed a motion against the bill at the Lib Dem conference in 2012 (HOWEVER THE BILL REMAINED UNCHANGED) - THIS WAS DURING COALITION**
- liberty opposed the prevention of terrorism act 2005, claiming that it violated due process - but the government pursued it anyway, just framing control orders to be more balanced
give examples of think tanks
- institute for fiscal studies
- the resolution foundation
- chatham house
describe the work and aims of LIBERTY interest group
description:
- liberty challenges injustice and protects civil liberties through using its expertise to counter for the expertise defecit of typical MPs
- aims to represent and enforce individual and collective rights in order to protect minority interests
- liberty works to protect human rights, gay rights, prevent arbitrary government measures
- liberty aims to bring ideas to the attention of lawmakers to be a vehicle to enhance citizen engagement and promote citizen knowledge
- enforce due process and adequate protection of rights and pressure the government
describe the work of Chatham house and their IMPACT
- 2014 = International Climate Action report which analysed global environmental issues
IMPACT:
- Chatham house briefed officials for the COP 21 summit, in how greenhouse gas emmissions, investments and carbon pricing should be reduced and it pushed for international investment
- the government directly acknowledged the role of these think tanks in crediting its policy proposals
- ie Lord Stern framed the case for reform to climate action
name the 4 key case studies on rights protection
- ashers baking company ltd v lee 2018
- R v director of public prosecutions 2021
- independent workers union of GB v CAC and Roofoods 2021
- R v sec of state for housing, communities and local gov 2020
describe the owen paterson lobbying scandal and its IMPACT
2021 - paterson was exposed for being paid by Randox and Lynn’s Country Foods whilst being an MP, which violated parliamentary standards and MP financial interests, because he was receiving over 100,000 annually
- 2021 - an investigation is launched by the Parliamentary Commissioner for Standards, who claimed Paterson violated lobbying standards
- standards committee recommended he be suspended from parliament
IMPACT:
- johnson tried to change parliamentary standard rules to prevent Paterson’s suspension
- Paterson was forced to resign due to backlash about cronyism
- lobbying rules were strengthened to enforce and promote transparency
- MPs were now more regulated on their financial interests
- the government changed their mind on his suspension, displaying how public accountability can outweigh lobbying efforts
*displays a minimal impact on UK politics, because it only introduced further constraints on potential lobbyist influence
- but could be argued to have a significant impact because it was the work of lobbying which forced these regulations
describe the KEY campaigns by liberty
- “for their eyes only” in 2012 - response to justice and security bill
define collective rights
- rights, interests and freedoms of communities which aim to protect cultural, social and economic interests
- examples include workers’ rights (ie trade union power), protecting ethnic minorities and rights to group religious expression
give the key example of the influence of greenpeace
- it campaigned against the use of microplastics
- 2018 = uk government banned microbeads in personal care
how may it be argued that the UK effectively promotes rights (3)
- checks and balances system through the supreme court and house of lords (prevents unchecked executive power)
- the courts are willing to take a more activist approach to violate parliamentary sovereignty and check executive power
- nature of the house of commons and expansive scrutinising institutions enforce rights protection
describe the work of the “B5” business lobby groups and if they have had a positive or negative IMPACT (describe the impact)
(there is 1 no impact, and 1 big impact)
description:
- it is a coalition of 5 business groups who aim to support smaller businesses and larger corporations, by giving them power over economic and industrial policy
- the use direct lobbying and establish relations with members of parliament, and they regularly consult them on legislation - ensure business interests are emphasised
- they use policy papers, research and campaigns to influence policy
- they consult members of parliament on policymaking
- they also mobilise business leaders to amplify the voice of the corporate world
impact:
- secured energy relief packages for businesses in 2022-2023 in order to offset rising energy costs - received price caps + financial support
- work closely with government departments over policy, notably customs processes especially post-brexit
NO IMPACT:
- lobbied against the increase in national insurance because it pose a financial burden on businesses struggling with inflation etc- government ignored this and proceeded with the increase
define individual rights
- freedoms and foundational liberties that each person has, which should be constitutionally protected
- examples include the right to life, freedom of expression, right to a fair trial etc (HRA, ECHR etc)
- individual rights allow individuals to be safeguarded from a misuse of power by the state to ensure fairness, and protect people from others
define a pressure group
- a group and institution which seek to exert influence on those with power, not gain power
- they have a narrow focus and they focus on being specialised
- they aim to be a key avenue for communication between the people and government
- their membership and support is shaped by a shared belief in particular causes - they are united on a single issue
describe independent workers union of GB vs CAC and roofoods and describe how it impacts individual and collective rights
2021
- deliveroo drivers wanted union recognition and collective bargaining power
- however, deliveroo claimed they were self employed contractors
- the supreme court ruled that the riders are not workers and denied them collective bargaining rights
shows:
- clash of individual right to enter into contracts but the collective right to bargain
how are think tanks good and bad for democracy
good:
- expertise, informed on policy
- promote interests of wider public
- mainly promote moderate policy
bad:
- creates elitism
- unelected individuals with influence in government
- have an agenda - biased evidence
how did pressure groups become involved in the anti-terror legislation of tony blair
- work of liberty in the a v sec of state for home department in 2004 - amplified discontent w policy
- amnesty international - using media international platforms in the A v sec of state for home department case 2004
- Law society - used the grounds of the ECHR to bring the cause to a european court and obtain the media and professional input on this.
*blair tried to introduce a anti-terrorism, crime and security bill, which was countered by the supreme court, before he implemented the prevention of terrorism bill in 2005
- the government ended up introducing control orders instead
describe the work of the alcohol industry on the MUP and its IMPACT
- 2010 = government introduces the Minimum Unit Pricing in order to prevent excessive drinking, by placing a baseline price on drinks
- major alcohol businesses (ie Heineken and SABMiller) campaign to prevent the MUP, because they claimed it harmed consumer choice and small businesses
- they claimed that inflating prices would distort markets and was economically damaging
impact:
- 2013 = the government abandon the MUP and reduce the price of alcohol - influence of lobbyists
- major alcohol producers launch economic and legal claims, of which their constant presence would remind the government of this policy
HOWEVER, scotland introduced the MUP in 2018
what is an insider group and what is an outsider group
insider: a group which is consulted regularly by the government, and aim to act directly inside the decision making process
outsider: groups with no government links, who try to exert pressure indirectly
- they tend to engage in more theatrical methods of protest to amplify their message
give examples of liberty being effective
successes:
- led a campaign to defend the HRA in 2015 through uniting with 130 organisations, including Amnesty international - united with Sturgeon to defend the HRA
- 2016 = high court challenge to the investigatory powers act due to a lack of privacy safeguards - the European court of justice ruled that it violated privacy safeguards, and in the UK liberty raised over 53,000 a week – the high court forced the government to re-write part of the act in 6 months
- 2014 = represented a challenge to the data retention and investigatory powers act – ECJ ruled that the retention of emails was illegal
- introduced the pressure to have the anti-Terrosim, crime and security act checked by the supreme court
- prevented the gary mckinnon trial from taking place in the US - got an appeal in the ECHR
- Liberty provided legal advice to a gay couple who were rejected from a bed and breakfast in berkshire, in which the court ruled in favour of them in 2012, which set precedent for LGBTQ+ rights
- liberty opposed the police, crime and sentencing bill in 2021 because it had violated the right to peaceful protest which undermined basic freedoms – the bill was later watered down in the house of lords and key provisions were dropped in the lords
- launched a campaign against algorithims which were disproportionately impacting minorities in 2022 - it enforced the need for stronger legal safeguards to challenge this
describe the work of the institute for fiscal studies and their IMPACT
- the IFS criticised income tax and NI for being separate systems, which was causing financial burdens and inconsistencies in taxation
- in 2010, Mirrlees published the Tax By Design report, which advocated for a fairer and simpler tax system through reforming tax and aligning thresholds of tax and NI
IMPACT:
- 2022 - sunak announced the alignment of National Insurance Contributions with personal allowance for income tax
- directly mirrored what the IFS campaigned for on simplification, efficiency and fairness
- the language sunak used in announcing this mirrored the IFS report and echoed demands for simplicity
- financial budget language also mirrors the Tax by Design language
list the 6 methods that pressure groups use to exert influence + pressure groups which use each
- lobbying - direct engagement
- media (news, tv, interviews etc)
- public avenues (protests, petitions, public meetings)
- research - reports, papers etc
- grassroots campaigns - letter writing and more local intiatives
- direct engagement - public relations with local citizens
describe the lobbying by Elon Musk in the UK
- musk has pushed the government to make petrol cars may more, in order to promote electric car sales and Zero Emission Vehicles
- the government was forced to re-evaluate the Zero Emission Vehicle policy, by forcing carmakers to sell a specific number of electric vehicles a year, or they are punished
describe the work of Extinction Rebellion and if they have had a positive or negative IMPACT (describe the impact)
description:
- uses non violent civil disobedience in order to stage protests about their dislike for government climate policy
- they emphasise the urgency of the climate situation
- attract media attention and debate through their protests
- forces government accountability on the climate process
POSITIVE impact:
- the pressure exerted from their campaigns led May to declare a climate emergency in May 2019 - this reinforced the urgency of the advocacy done by May - set precedent
- just a month later in June 2019, the government introduced legally binding, stronger climate targets to reduce greenhouse gas emmissions
- thousands of protesters occupied parliament square, oxford circus and waterloo bridge for 11 days in april 2019
- influenced other environmental pressure groups, including Just Stop Oil (impact of continuity)
- has advocated to the Climate Change Committee to limit petrol cars
- worked with the government on net-zero emmissions by 2050 - helping demand a need for public action
- inspired younger generations (ie JSO)
describe the greensill controversy and its IMPACT (ie positive or negative)
- 2021 - greensill capital lobby to the government to enforce emergency loan schemes to prevent greensill from shutting down
- cameron lobbied sunak to secure financial support for greensill
- greensill later collapsed, and cameron’s influence over the matter was exposed, reinforcing how high ranking officials were using connections for corporate gain, and how there was a lack of transparency and collusion between these forces
impact:
- an investigation is launched by the House of Commons Treasury Committee and Constitutional Affairs Committee
- Johnson ordered Nigel Boardman to conduct an investigation into the matter (outcome = cameron did not breach lobbying law)
- the government reformed the Advisory Committee on Business Appointments
- the government introduced the 2014 Lobbying Act to enforce increasing lobbyist transparency
*displays a minimal impact on UK politics, because it only introduced further constraints on potential lobbyist influence
- but could be argued to have a significant impact because it was the work of lobbying which forced these regulations
how are lobbyists good and bad for democracy
good:
- hold government to account over failed policies or unethical actions
bad:
- promote elitism and using personal ties and networking to influence gov
- amplify the views of a minority in society through unrepresentative policies
- use money to exert influence - neglect the regular citizen
give examples of lobbyists
- coca cola
- alcohol industries
- greensill capital
- the owen paterson scandal
describe R v director of public prosecutions and describe how it impacts individual and collective rights
2021
- anti-arms trade protesters obstruct a highway, and were convicted for obstruction
- protesters argued their rights were protected under article 10/11 of the ECHR and that their rights of freedom of expression and peaceful assembly had been violated
- supreme court ruled that the right to protest took precedence
shows:
- tension between collective and individual rights
- individual right for freedom of assembly and association, but collective right to security and maintaining public order
why can think tanks exert influence over the government and legislation, and what factors may make think tanks more influential / less influential
why:
- expertise and robust evidence
- they rely on research to exert influence - means gov don’t have to research
- provide politically neutral, fact based evidence
- when taking decisions, think tank recommendations are not binding, but if the government doesn’t take them, they will be criticised (pressure point)
factors:
- coalition, minority gov – more receptive to winning votes
- how many people their policy supports (if it only supports a minority, it will lack importance)
- respond to changes in public mood
give examples of causal groups (groups based on shared values and causes)
- greenpeace
- child poverty action group
describe the work of greenpeace and the methods they use to exert influence
- a pressure group which aims to advocate for environmental change and more environmentally friendly tactics
methods:
1. direct action - uses protests (and climbing buildings) to raise awareness 2. legislation - sued the uk government for policies which have restricted it from meeting climate targets
3. boycotts - exert pressure forcing companies like nestle to change policies
4. research - produces research papers on plastic pollution and carbon emmissions - for example (2019 PLASTIC POLLUTION IN UK RIVERS RESEARCH PAPER)
*exerts less influence
- the uk government has consistently defended its position on drilling in the north sea, despite calls by greenpeace to stop these
describe the work of the howard league for penal reform and describe the methods they use to exert influence
- charity which aims to provide representation for under-represented individuals (ie those in prison)
- it campaigns for safer societies with less crime, and helping children in prison and safer communities
- it advocates for reducing child arrests, which have fallen by 59% in 6 years
methods:
1. legislation - overturn restrictions to allow books to be sent to prisoners (BOOKS FOR PRISONERS CAMPAIGN 2014 - had court support)
2. co-operation with gov - working with police to reduce child arrests
- inquires and research
3. court system - 2015 = campaigned against the criminal courts charge and the fee paid by defendants = suspended by GOVE
*significant influence over government and courts
describe ashers baking company ltd v lee and describe how it impacts individual and collective rights
2018
- a bakery refused to make an order of a cake which cited supporting gay marriage, based on religious belief, which they argued they should not be compelled to fulfill
- the customer argued this was discrimination
- court ruled in favour of bakery and upheld individual rights
shows:
- individual rights to freedom of expression
- individual right of expression and religious belief is supreme to collective right to equality
describe the work and impact of Just Stop Oil
(say if the impact is positive or negative)
description:
- uses direct protest methods to prevent environmental exploitation
- they target national landmarks such as the National Gallery and Stonehenge
- they create a sense of urgency, forcing the government to act
- use of grassroots mobilisation, media engagement and legal disruption
impact:
- capture significant media attention
- caused debate in the house of commons
- government introduced the 2023 Public Order Act which expanded police powers to crack down on disruptive protest (NO IMPACT) – gov retaliates, giving them more power to easily shut down protest
- increased the urgency for climate discussion
- made it difficult for policy makers to ignore urgency
- high profile disruptions
give examples of:
- think tanks
- lobbyists
- corporations
- pressure groups
think tanks:
- B5 business groups
- electoral reform society
- liberty group
- IFS
lobbyists:
- liberty
- just stop oil
- electoral reform
- B5 group
- extinction rebellion
- coca cola
- alcohol companies
corporations:
- B5 group
- greenpeace?
pressure groups
- liberty
- howard league
how was chakrabarti described in the times
described as the “most effective public affairs lobbyist for the past 20 years”
describe blair introducing anti-terror legislation
- government measures to strengthen power of police
- blair introduces anti-terrorism, crime and security act 2001 which would detain foreign nationals w/o trial
- government attempted to justify these using the derogation clause
- house of lords = 2004 = a v sec of state for home dep = incompatible provisions (check exec due to actions + disproportionate impact)
- gov enacts 2005 prevention of terrorism act for control orders + restrictions on those suspected of terrorism
- supreme court claimed this violated ECHR
supreme court cases to respond to blair anti-terror legislation
- sec of state for home dep v JJ
- control orders of 18 hours deprives liberty - sec of state v AF
- individuals subject to control orders must have enough info about the case against them to effectively challenge the order
*courts emphasised need for proportionality and maintaining personal freedom, yet limiting state power and ensuring the executive is checked
features of direct democracy
direct democracy:
1. voting
- citizens directly vote on legislation and policy
- don’t act through others
- referendums
- citizens directly voting on issues they see as absolutely critical
- ie brexit, AV referendum etc - online petitions
- opportunity to advocate for specific decisions or more niche needs
- petitions require over 100,000 signatures to be discussed - rallies and protests
- citizens can gather together to discuss the actions of the government
features of representative governments
- political structures
- parliament - elected individuals make decisions on behalf of those they represent
- regular elections to ensure political legitimacy
- elections can be held earlier through votes of no confidence - voting on laws
- scrutiny
- MPs debate one another
- ministerial question time
advantages of direct democracy w examples
- good MP-constituency link
- ie ken clarke voted in favour of giving parliament a vote on brexit deals, going against conservative party
- MPs vote against casino construction in greater manchester - opportunities for accountability
- ie truss loses seat in south-west norfolk
- good transparency - ie recall of MPs - government know policies and priorities of constituents
- lower voter apathy and more engagement
- citizens feel that their opinions will make a difference
- votes are all of equal value
disadvantages of direct democracy w examples
- too expensive
- too time consuming and expensive
- 2016 EU referendum cost $140 million - too much influence of outside figures
- ie power of media - murdoch
- manipulate the way people vote
- people vote based on emotion not genuine need to fix something
advantages of representative democracy w examples
- expertise
- representatives are better informed to make policy decisions
- ie corbyn has been in the same seat since thatcher - idea of knowledge - representation
- can more actively protect minority groups than the general public can
- proposals and policies would work for everyone (ie national minimum wage) - accountability
- frequent and constant elections enforces need for accountability and transparency
- ie gillian keegan
- recall of MPs act
disadvantages of representative democracy w examples
- too party focused
- ie whip system - starmer, 7 TCBP
- johnson suspends 21 MPs for their brexit vote
- graham allen - labour MP whos constituency wanted brexit, but he voted against triggering article 50 - unequal voting
- notion of safe seats - 25 million
- produces apathy + tactical voting
- voter turnout is relatively low (ie turnout in elections for metro mayors in birmingham was only 27%) - lack of representation
- talk about representation of parliament, 5% of UK going to private school but 27% of MPs, proportion of women etc
- lack of legislative representation (graham allen) - self interest
- house of lords - lack of minority groups
*you can talk about delegates v trustees
referendums not fulfilling function or turnout
- lisbon treaty referendum - focused on abortion and contraception
- scottish independence referendum 2014 –too many emotional appeals
- AV voting referendum (educated over 19 million people about different voting systems)
referendums fulfilling function or turnout
- scottish independence referendum 2014 - 84% turnout
- AV vote referendum - only 42% turnout
- brexit referendum - massive social split, 41% rise in hate crime
