Exam Questions June 2022: Civil Rights Protection in the US and UK Flashcards
How are civil rights better protected in the US regarding constitution and legislation?
Bill of Rights - entrenched method of rights protection - first 10 amendments of the constitution - also complimented by a plethora of civil rights legislation - e.g. Voting Rights Act 1965 - removed many of the restrictions on the franchise of black people - led to greater turnout - 7% in 1964 to 67% in 1969 (in Mississippi) - sheer volume means it is more protecting.
How are civil rights better protected in the US regarding the judiciary?
Judiciary’s interpretation of the constitution - through judicial review - guarantees rights protection - e.g. ‘interpretational amendments’ - Texas v. Johnson - prohibiting burning a flag was unconstitutional - constitutional sovereignty ensures rights are protected - however not guaranteed to support rights protection - e.g. Shelby v. Holder (2013) - states may impose restrictions on voting - e.g. 25 states have introduced measures since 2010 - philosophy of the bench jeopardises rights protection.
How are civil rights better protected in the US regarding pressure groups?
Whilst not fathomable to the founding fathers, pressure groups may have unbridled influence in their protection of rights - e.g. NRA successfully lobbied 4 Dems to vote against Obama’s gun control legislation in 2013 - upholding 2nd amendment - only the wealthiest groups are successful - meaning only the most prolific and controversial rights are protected.
What is the UK comparison to be made concerning legislation and rights protection?
Legislation also protects rights - e.g. Equality Act 2010 - effectively consolidates many statutes into one - e.g. Race Relations Act 1976 - PMB’s may also grant protection of rights - e.g. David Steel introduced the Abortion Act 1967 - uncodified constitution and Parliamentary sovereignty mean they ca be easily repealed.
What is the UK comparison to be made concerning rights protection and the judiciary?
Judicial Review - highly effective - e.g. R (Smeaton) v. Health Secretary (2002) - SPUC brought claim that the morning after pill was an abortifacient rather than contraceptive - ruled against - upheld women’s rights - however Parliament do not have to follow any recommendations made - rulings cannot guarantee protection.
What is the UK comparison to be made concerning rights protection and pressure groups?
Tight electoral laws in UK means it is easier for smaller groups to protect rights - e.g. Gurkha Justice Campaign convinced Brown gov. to allow Gurkha veterans to settle in UK - though is it only effective when bolstered with celebrity endorsement and public opinion?
How does the USSC better protect rights regarding interpretation amendments?
Judicial interpretation allows for protection of rights under the Bill of Rights - e.g. Texas v. Johnson - Texas had violated the 1st amendment right to ‘free expression’ by preventing burning US flag - constitution is upheld by legal experts appointed on legal merit.
How does the USSC better protect citizen’s rights regarding statute law?
SC can ‘strike down’ statue law - e.g. Hamdan v. Rumsfeld - Military Commissioners Act 2006 - ‘Military commissioners’ - preventing a right to fair trial (6th amendment) - constitutional sovereignty means rights are better protected - cannot be changed without constitutional amendment or reversal by court.
How does the USSC better protect rights regarding pressure groups?
Pressure groups may submit amicus briefs - increasingly common practice - e.g. ACLU contributed to the record 148 briefs in Obergefell v. Hodges (2015) - successful in guaranteeing right to gay marriage - though only benefits the wealthiest pressure groups - not representative of the wider population.
What is the UKSC counterargument to be made regarding judicial independence?
Judges are appointed independently - meaning they have little political motive to rule against certain rights - appointed by JAC rather than president - in the US it may lead to rulings that challenge rights - e.g. Dobbs v. Jackson Women’s Org. - draft opinion to overrule Roe v. Wade by conservative Robert’s court.
What is the UKSC counter argument to be made regarding Parliamentary sovereignty.
Parliamentary sovereignty means statute law is the supreme source of the constitution - SC cannot strike down - e.g. R (Wright) v. Health Secretary 2002 - Care Standard Act 2000 incompatible - Parliament took no action - though arguably more democratic than the US where executive power is given to very few with little democratic mandate.
What is the UKSC counter argument regarding pressure groups?
Pressure groups in the UK may utilise the SC to defend rights - judicial review - e.g. SPUC in R (Smeaton) v. Health Secretary claimed that the morning after pill was an abortifacient rather then a contraceptive - SC ruled it wasn’t - upholding women’s right to bodily autonomy.
What can be said about the USSC and rights protection regarding philosophy of the bench?
Philosophy may change - jeopardising previous decisions that uphold rights - e.g. Roe v. Wade - made by fairly liberal Warren Court - draft opinion by the conservative Robert’s court in 2022 states they would be in favour of reversing Roe - though an attempt to restore the determining of abortion laws to the electorate.
How are civil rights campaigns more effective in the US regarding finances?
Pressure groups can spend more - Citizens United v. FEC - removed many of the limits on campaign spending - US Chamber of Commerce - $77 million in 2019 - achieved the US-Mexico-Canada agreement after meeting with Congressmen on 36 occasions - though only the wealthiest can achieve this.
How are civil rights campaigns more effective in the US regarding use of the courts?
Constitutional sovereignty of court - can stike down laws - pressure groups may use this method to defend rights - e.g. ACLU - 56 legal challenges against Trump administration - led to Trump’s Muslim ban being suspended in 2017 - rulings become entrenched - good way for campaigns to secure long-lasting protection.
