Participative Democracy

Question 1

What is participative democracy?

Answer 1

(a) A form of direct democracy

(b) A range of activities in which citizens engage in order to influence a government decision

Question 2

How is participative democracy usually undertaken?

Answer 2

Through organisations rather than individuals

Question 3

Why is participative democracy seen as positive?

Answer 3

(a) It is an advance control mechanism
(b) legitimacy
(c) Decision making quality
(d) Empowerment
(e) Inclusion

Question 4

What is the moss common form of public participation?

Answer 4

Consultative exercises

Question 5

Is the government required legally to hold consultations?

Answer 5

There may sometimes be a legal requirement;

(a) Before making certain regulations
(b) Before making national planning framework

Question 6

Why are consultations usually held, and, what may be consulted upon?

Answer 6

As a matter of good practice;

(a) Draft bills
(b) Green and white papers setting out policy proposals
(c) Many other proposals and policies

Question 7

What are the benefits of consultations?

Answer 7

(a) gives a voice to stakeholders
(b) improves quality of decision making
(c) legitimacy and acceptance
(d) Transparency
(e) errors or gaps and areas of controversy
(f) Unforeseen issues
(g) Informs citezens

Question 8

When should consulations not take place?

Answer 8

(a) During local/national elections

(b) Where a final view is already had on the issue

Question 9

At what stage should consultations take place?

Answer 9

When policies or plans are at formative stage.

Question 10

How long should consultations last?

Answer 10

(a) For a proportionate amount of time, should not be too quick, nor should they be too long.
(b) Government will usually publish response within 12 weeks of the consultation

Question 11

What is the judicial approach to consultations?

Answer 11

(a) R v North and East Devon Health Authority, ex parte Coughlan [2001];
- Consultation should begin early when proposals are still at a formative stage
- Sufficient reasons should be given along with proposals to allow for intelligent response
- Adequate time should be given for consultation
- product of consultation should be conscientiously taken into account
KNOWN as the legitimate expectations

Question 12

What did R(Greenpeace Ltd) v Secretary of State for trade and industry [2007] establish?

Answer 12

(a) That a consultation document published by the Sec. of State was unlawful
(b) The document was inadequate as it failed to address citical issues
(c) Procedurally unfair - breached claimants legitimate expectation that a ‘full public consultation’ would be held

Question 13

What are seen as the ‘two revolutions’ with regards to information?

Answer 13

(a) Technology

(b) Freedom of Information

Question 14

What did the ‘technological revolution’ bring about?

Answer 14

(a) technology and democratic participation
(b) digital citezenship
(c) Role of the media
(d) Regulatory issues

Question 15

How is the media effective in holding the government to account?

Answer 15

(a) they are protected under article 10 of the ECHR which means they can express freely their views
(b) act as a watchdog for the people and report their findings

Question 16

What problems are there with the media?

Answer 16

(a) Objectivity - they may be bias in their views and publish that bias
(b) Abuse of freedom as the leveson inquiry proved

Question 17

What happened in Sugar v BBC 2009?

Answer 17

(a) Sugar appealed to the House of Lords on the grounds that the BBC should release report under the FOI Act 2000
(b) House of Lords granted appeal

Question 18

What happened in BBC v Sugar 2010?

Answer 18

(a) High Court ruled in BBCs favour that the report was for journalistic issues and under the FOI 2000 did not have to be disclosed

Question 19

What are qualified exemptions defined as under the FOI Act?

Answer 19

Whether public interest in maintain the exemption outweigh the public interest in its disclosure.

Question 20

What are enforcement notices?

Answer 20

s.52 of the FOI Act are served by the Information Commissioner where there has been a breach of the Act by Public Authorities.

Question 21

If Public Authorities fail to comply with enforcement notices what happens?

Answer 21

under s.54 of the FOI act they will be in contempt of court.