rights Flashcards
what does the US constitution enshrine to protect rights
the bill of rights + 17 ammendments
methods for effective rights protection
-using the courts
-civil disobedience + mass demonstrations
-action through the ballot box
what is representation currently like
-23 majority African American districts, all but 1 are represented by an African American
-30 majority Hispanic districts, all but 6 are represented by a Hispanic American
the public supports affirmative action
-2014 survey showed 63% of Americans support AA in colleges
-numerous supreme court cases have upheld AA in higher education
-a 2009 survey showed a majority of Americans favoured AA
the public doesn’t support affirmative action
-the same 2014 survey showed a majority of democrats favoured AA, while republicans opposed AA
-the case of Grutter V Bollinger suggested that in 25% years AA wouldn’t be necessary
-Schuette V coalition upheld Michigan’s right to outlaw AA
the supreme court is judicial
-justices can only rule based on the constitution
-it cannot enforce its rulings
-it has no initiation power
-justices are appointed based on their experience
-the constitution guarantees the justices independence
-justices don’t reliably vote on party lines
-places emphasis on previous court decisions
the supreme court is political
-the court rules on actions/laws of a elected branch
-justices can be divided into ideologies
-the impact of justices extends beyond the plaintiff + defendant in a case
-justices chosen + approved by political branches
-the president, congress + interest groups try to influence the court
the judiciary is imperial
-judicial review allows the supreme court to overrule the elected branches
-judicial review is almost impossible to overturn
-justices are almost impossible to remove
-justices can act with judicial activism
-the court often chooses cases which have the biggest public impact
the judiciary is not imperial
-no enforcement power
-can only rule on the constitution
-can only hear about 80 cases a year
-the court has been reluctant to vote on controversial issues
-subject to checks and balances
-many cases are dull
free speech
free speech is protected, electoral donations are a form of free speech, campaign donations aren’t
gun control
right to gun ownership is protected
cruel + unusual punishment
struck down aspects of Guantanamo bay - ruled 3 times + bay still open
abortion
was a right to have an abortion, now states can decide
affirmative action
race is a factor in college admissions
protection of states rights
constitutionality as a form of tax
how didimmigration reform help Obama win the 2008 election
-campaign promises of immigration reform
-67% of the Hispanic vote went to him
the UK supreme court
-2005 act gave greater separation of powers
-judicial review doesn’t give the power to overrule parliament
-judicial review allows the supreme court to interpret actions/laws of the gov
-UK citizens could appeal to the ECJ or ECHR
-its unlikely the gov would ignore a supreme court ruling
US supreme court
-completely separate branch of gov
-judicial review gives it quasi sovereign power
-judicial review allows the supreme court to interpret the constitution
-final court of appeal
-its unlikely the gov would ignore a supreme court ruling
relative independence of judiciaries (similarities)
-independence of buildings + personnel
-rigorous appointment process
-justices have security of tenure
-face pressure from elected branches + interest groups
-willing to rule against the gov
relative independece of judiciaries (differences)
-US justices salaries are protected by the constitution, the UK supreme court budget is set by the ministry of justice
-US selects justices through elected, political branches- the UK uses JAC
-the US can overrule elected branches, the UK can’t
how does the UK have effective rights protection
-HRA has given justices a codified document on which to make their rulings
-UK citizens can appeal beyond the supreme court
-parliament is unlikely to ignore justices
how does the UK not have effective rights protection
-parliament remains sovereign
-ECHR rulings have been ignored in the UK
-the role of justices/the supreme court is less widely understood
rights protection in the US is effective
-the supreme court has a constitutional foundation
-the constitution is the basis for supreme court rulings
-rulings are unlikely to be ignored
rights protection in the US is ineffective
-rulings have been ignored, eg, Guantanamo bay
-the court can hear a few cases a year
-the citizens have no right for their case to be heard in the supreme court
-judges are more ideologically motivated
