rights in context Flashcards

1
Q

what is the difference between direct and representative democracy

A

direct is where individuals express opinions themselves whereas representative is where people elect politicians to stand on their behalf (uk)

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2
Q

advantages of representative demoacracy x4

A

+only practical system for a large complicated state
+where common people aren’t qualified to make decisions, politicians are able to have control
+politicians are able to balance conflicting interests to pacify two opposing groups.
+ensures accountability through regular elections where voters can decide to renew the mandate

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3
Q

disadvantages of a representative democracy x5

A

-MPs could be argued to be disengaged from their constituency and do not truly represent their views
-MPs also can have other interests such as second jobs which compromise their ability to perform (eg George Osborne was also editor of the Evening Standard)
-FPTP creates an unrepresentative Parliament as is often dominated by 2 parties
-It is not diverse so therefore its ability to truly represent all minorities is compromised.
-HOL is unelected and therefore unaccountable.

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4
Q

what is direct democracy

A

consultative, where decisions are made directly by the public not by representatives. (REFERENDA)

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5
Q

adv of direct democracy x3

A

+gives equal weight to all votes unlike a rep system where constituencies vary in size
+encourages participation
+removes distrust of MPs

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6
Q

what is a pluralist democracy

A

where no single party dominates the government and all compete for influence into policy-making. allows a wide range of views to be heard alongside thorough debate.

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7
Q

examples of direct democract x4

A
  1. 1975 & 2016 referendums over membership to the EU
  2. 2011 - changing the system of voting for Westminster Parliament
  3. recall of MPs if 10% of constituents sign => a by-election:
    a)MP Fiona Onasanya lied to avoid a speeding ticket and lost her Peterborough seat as 27% signed.
    b) Margaret Ferrier lost seat in 2023 after a COVID breach - where she sat in Parliament whilst awaiting a positive COVID test result.
  4. electronic petitions - if reaches 100,000 signatures, will be considered for debate in the HOC
    -no leglisation or debate promised.
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8
Q

features of a liberal democracy x10

A
  1. peaceful transition of power
  2. free elections - ‘universal suffrage’ (secret ballot)
  3. fair elections - everyone has 1 vote which wont be frauded.
  4. participation - the population must be well informed and active to prevent dictatorial govts
  5. freedom of expression and information - people can critique the govt (civil liberty) without fear of arrest. No media censorship
  6. the rule of law
  7. protection of rights and liberties - should be firmly safeguarded in a bill of rights or equiv. so the govt cannot erode them
  8. freedom of association - to form parties or pressure groups
  9. a constitution - democracy risked if there is no limit of the govt’s power
    10 - an independent judiciary - ensures laws are kept and govt doesnt abuse powers
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9
Q

democratic deficit? points idk x5

A
  1. underrepresentation of minor parties
  2. HOL lacks legitimacy and accountability
  3. lack of protection for civil rights
  4. lack of codified constitution
  5. a participation crisis in voter turnout and party membership
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10
Q

voter turnout stats

A

1979 was 76%
turnout June 2017 was 68.7%
turnout 2019 was 67.3%
=whilst it statistically has dropped, there are still healthy levels of participation which legitimise governments.
in 2014 by-elections, the turnout was mostly 20-30%, and Police Commissioner elections had 15%.
HOWEVER - scottish independence was at 84% in 2014 and 2016 EU membership turnout was 72.2%

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11
Q

party membership stats x2

A

in 2016, only 1.6% of the electorate where members of the main 3 parties. however, there is a growth of people joining pressure groups and minor parties such as the SNP, Green and UKIP
+ 2014, SNP membership at 100,000, 2015, UKIP at 50,000 - the ‘apathy’ may be exaggerated.

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12
Q

reforms to increase voter turnout x4

A

more flexible polling station locations.
voting to be spread over several days
E-voting applicable.
even making voting compulsory like Belgium of Australia.

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13
Q

australia compulsory voting stats

A

90% turnout - voters who fail to pay the fine can be prosecuted, even in turkey and belgium the turnout s are 80%

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14
Q

should voting be compulsory? yes x4

A
  1. citizens who dont wish to participate can leave a blank ballot if they want to abstain
  2. increases the legitimacy of politicians if everyone votes. Police Commissioner turnout was 15%, 2014 by-elections was 20-30%
    3.Politicians would have to pay attention to all groups of voters instead of the more engaged groups who are the ones who vote. in 2010, 76% of over 65s voted whereas 44% of 18-24s voted. turnout was 76% among professional and managerial groups but 57% among unskilled workers.
  3. if everyone votes, this may increase interest and intelligence about politics leading to a better electorate and democratic process.
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15
Q

arguments against compulsory votign x3

A

-forcing people to go to the polling station is an infringement of liberty. voting is a civic right rather than duty. the religious beliefs of Jehovah’s Witnesses fro example forbid them from voting. legitimacy born out of force loses its effectiveness
-little evidence from countries who employ compulsory voting that their electorate is actually MORE interested in politics
-absence in voting may not be apathy but indicate satisfaction eg in 97-01, people were so happy witht he expected Labour vixtory, some saw no need to vote.

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16
Q

party membership stats x2 50

A

-in 50-60s there was an average membership of 3 million
+2015 under Ed Miliband, Labour memberships were reduced to £3 - which saw a rapid increase in membership, this may indicate that there is still a keen interest in politics among the electorate, but they may not feel compelled to pay fees to engage in politics that they could do through social media for example.

17
Q

how to reform democracy x7

A
  1. replace HOL with an elected chamber
    +removes an unelected, unaccountable body
    -causes greater HOC rivalry, diverse expertise in the HOL is replaced with career politicians
  2. replace FPTP with a more proportional one
    +removes negative features such as safe seats and lack of representation of minority views
    - proportional systems are more complex and create coalitions which are harder to hold accountable
  3. Codify the consitution
    + would clarify processes, and would be entrenched =protection
    -too rigid and hard to change and evolve
    -questions over sovereignty
    -gives more power to unelected judges
  4. create a devolved English Parliament to equalise devolution
    +would solve the West Lothian question concerning how MPs are able to vote on English issues which dont affect their country/constituency
    -England may be too large of a body for it to effectively work + regional devolution was rejected by voters.
  5. state party funding
    +would allow politicians to focus on policy rather than fundraising
    +would allow for better representation of national interest instead of that of large corporations who fund the party
    +allows smaller parties more of a voice
    -fundraising allows MPs to connect with constituents
    -how should fundraising be allocated? pigeonholes smaller parties + from taxpayer money? - eg BNP, who would want their money going to a clearly racist party.
  6. compulsory voting
  7. replace the monarch with an elected head of state
    +replace unaccountable and unelected figure = democratic
    -monarchy is popular and neutral = unifying.
18
Q

e petition stats and why this form of direct democracy is healthy x2

A

2007 - petition against plan to introduce charges for using some roads - 1.8 million signatures and bill was dropped.
2020 - petition for more support to the arts after COVID - 175,000, was debated in June 2020 and the govt announced more funding.

19
Q

basic stats on minority views unrepresented x2

A

2017 - 24.3% of the vote to minor parties but only took 1.5% of seats
2015 - 4 mil votes to UKIP who recieved only 1 seat.

20
Q

why is underrepresentation of minor parties bad

A

leads to tactical voting (choosing to vote for a large party who doesnt represent your full views just as they only have a chance to win) => undemocratic

21
Q

voting age to 16 pros x3

A

+voting is a human right, not fair to those in political parties
BUT young people can be overly influenced and uninformed

+16 year olds can serve in the army, pay tax and marry so are involved enough.
BUT very few pay tax as they dont earn over 12,000.

+voting turnout is already decreasing so widening it could increase future voters.
BUT young people notoriously dont vote in general elections so would be ineffective.

22
Q

why should prisoners be able to vote

A

2005 European Act that ruled that not allowing prisoners the vote is a violation.

23
Q

what does suffrage mean

A

the right to vote in political elections

24
Q

the Equality Act 2010

A

established protected characteristics which cannot be discriminated against eg religion, age, gender.
people are free to bring a case to court if they feel this has happened.

25
Q

Human Rights Act 1998

A

did appear to give binding rights to citizens but this was an illusion. Incorporated ECHR human rights into domestic law. however, rights can be suspended in special circumstances: internment in 1970s Northern Ireland, Terror Laws, and COVID Lockdowns PLUS it is no different to any other legislation - can be repealed or suspended (not a higher law, as it would be if we had a codified constitution).

26
Q

judicial review over rights meaning

A

judicial review is where past laws before the Human Rights Act can be scrutinised and challenged in court

27
Q

judicial review good x2

A

high court rulings on Gurkha soldiers’ right to settle in the UK (2008) (Gurkha veterans who retired in the UK before 1997 were unable to get visas.
In 2013 alone, there were 15,600 Judicial Reviews => indicating there is still a large rights culture in the UK

28
Q

Judicial Review bad x3

A

it is undemocratic as it allows unelected and unaccountable officials (judges) to have significant influence over the law.
in court cases - judges gave priority to article 8 of the ECHR (right to privacy) over article 10 (freedom of expression). the High Court rules in Max Mosley’s favour when News of the World published a story that invaded his private life, breaching his privacy. EXAMPLE OF ‘JUDGE-MADE LAW’ as there was no previous legislation
when taken to the European Courts, Mosley was unsuccessful - showing that cases differ from each judge’s own bias and experience.

29
Q

examples of rights cases - Abu Qatada deportation case

A

He was a cleric who was accused of planning a thwarted terrorist plot.
Ministers wanted to deport him but legal advisors fought for 8 years.
he was found not guilty by Jordan’s court.
=the ECHR ruled the UK could not lawfully deport him due to risk of evidence obtained by torture. it resulted in an agreement between the UK and Jordan where he was cleared of involvement in a terrorist plot and was consensually deported to Jordan.

30
Q

examples of rights cases - legal battle over right to religion vs homosexuality

A

Baker refused to make a cake that stood in support for gay marriage in Belfast 2014 as it was against his Christian faith. However, the customer argued it was homophobia and excluded him because of sexuality (Equality Act)
The ECHR ruled in the Baker’s favour as it was his business and that in NI, this was legal.

31
Q

examples of rights cases - walkers’ ‘rights to roam’

A

countryside and rights of way act 2000
rambler’s association (right to ramble as a citizen of the UK) v Madonna and Guy Ritchie (right to privacy from paparazzi - who could see into their house from the path which went through her estate)
=the ramblers were allowed access as the planning inspectorate ruled none of the open country was in sight of her estate

32
Q

how well are rights protected in the UK?

A

+

33
Q

example of pressure group - Liberty

A

est 1934
Founded to challenge government measures to restrict freedoms in the UK
eg recent legal challenge to lockdown restrictions
2020 - legally removed parts of the public spaces protection order that criminalised the homeless and beggars.

34
Q

example of pressure group - Amnesty International

A

est 1961
founded by an english barrister who was inspired by the account of 2 portugese students who were sentenced to 7 years for toasting to liberty.
7 MILLION MEMBERS
‘write for rights’ campaign -> release of Yecenia Armenta (Mexico, 2016) who was jailed on a confession after 15 hours of torture.

35
Q

scotland act 2016

A

this notably expanded the devolved assembly’s power to widen voting rights. this meant that now in scotland 14 year olds can vote for scottish parliament and 16+ for UK Parliament

36
Q

representation of the people act 1969

A

lowered the voting age to 18

37
Q
A