UK POLITICS - Democracy and participation Flashcards
(94 cards)
1
Q
Define democracy.
A
A political system in which all citizens have an equal right to participate in society’s decisions about policy.
2
Q
What are Dahl’s 5 key measures of democracy?
A
- Equal and effective methods of participation
- All person’s votes must be equal
- Equal and effective opportunity to learn about possible choices and their effects
- Oppurtunity to set the agenda
- Universal suffrage
3
Q
When did the UK start as a democracy? When did it finally become one?
A
- Magna Carta 1215 was the roots of Western Liberal democracy
- The Equal Franchise Act 1928 satisfied the last of Dahl’s 5 requirements of a democracy: universal suffrage
4
Q
What is the source of direct democracy?
A
Ancient Greek, specifically Athenian, democracy relied on the participation of all citizens in open assemblies to make decisions.
5
Q
What are the 3 key features of direct democracy?
A
- The people themselves make policy decisions, rather than choosing who does on their behalf
- There is no seperate class of professional politicians
- People engage in politics regularly and as an ongoing activity.
6
Q
Outline the three institutions of the Ancient Greek democracy.
A
- The Ekklesia: the open assembly where anyone could speak and debate on policy, though only some could hold attention, like Demosthenes
- The Boule: a faux-civil service of 500 men decided by drawing lots (sortition)
- The Dikasteria: 501 jurors chosen every day to resolve court cases
7
Q
Why did the Ancient Greeks use sortition?
A
Filling public office via random selection was seen as more democratic as it could not be swayed with money or popularity.
8
Q
What is a modern example of a direct democracy?
A
Although Taiwan does have a government with representatives, it’s incredibly low-bar for referendums since 2003 have given citizens unparalelled possibility to participate: in November 2018 alone, there was 10 citizen-led proposals.
9
Q
What is the core issue with direct democracy that required the creation of representatives?
A
Only a small percentage of the population can or want to devote a serious amount of time to political issues - this way that small precentage can be elected to do the heavy lifting.
10
Q
What are the three key features of representative democracies?
A
- Popular participation is indirect
- Popular participation is mediated via representative institutions
- Popular participation is more limited
11
Q
What are the three features of fair, democratic elections?
A
- Freedom, fairness, regularity
- Universal suffrage
- Party and candidate competition
12
Q
How has oppurtunities to vote increased in the UK?
A
- Universal suffrage since 1928
- Elections to devolved governments since 1998
- Increasing use of referendums
13
Q
What are the 5 types of representation?
A
- Social
- National Interest
- Constituency
- Party
- Causal
14
Q
Outline social representation. Give an example
A
The idea that representative bodies should be an accurate cross-section of the characteristics of their representees so as to represent both their views and the experiences. Not done incredibly well in the UK, though improving (Starmer’s cabinet)
15
Q
Outline representing the national interest. Give an example
A
As representatives sit in a national Parliament, they are expected to promote causes and policies that will benefit the wider UK, even if to the detriment of smaller groups. (Adrian Ramsey and NIMBY accusations)
16
Q
Outline constituency representation. Give an example.
A
Representatives are elected by their local constituents so in a more direct manner, should represent them. This is also easier than other types as people in the same geographical area will likely have the same issues and concerns to be addressed. (Jeremy Corbyn is one of the few independant MPs)
17
Q
What are the 3 aspects of constituency representation?
A
- Representation of the whole constituency such as getting more funds
- Representation of individual constituents, also known as redress of grievances
- Simply listening to the views of constituents when voting on national issues
18
Q
Outline party representation. Give evidence
A
When most people are voting, they are voting for the policy and leadership of the party, rather than their local represenative so that representative is best representing them when they are towing the party line. (75% of people don’t know their local MP (BBC, 2015))
19
Q
Outline causal representation. Give an example
A
When an MP supports and promotes a specific cause (like LGBTQ+ rights or environmentalism) or the uplifing of a certain group (reugees or veterans). In this way, they are representing everyone by making the country better on the whole. (MP Johnny Mercer’s fervent support of Veterans and 2020 resignation due to the government’s inadequate support)
20
Q
How can direct democracies be more legitimate?
A
Direct democracy and popular participation means that all laws genuinly are ‘the will of the people’ so can more easily be justified in a democratic system. Representative democracies and the distance between people and politics can lead to apathy. (Labour only actually gained 20% of the electorate’s vote)
21
Q
How does direct democracy lead to greater personal development?
A
Direct and popular participation forces people to actively engage in politics, becoming more active citizens and working to better society under their perspective. Representative democracy has little to no participation so people often become apathetic and don’t care to learn.
(More than 50% of people talk about politics a few times a month or less)
22
Q
Why would an end to professional politics be good?
A
Politicians often only seek to increase their own station, status, and wealth - not caring about the effect of their decisions on those they represent - a direct democracy would strike this possibility and increase the trust the public has in legislative decisions.
(In 2019, 63% of people felt the political game was rigged in the favour of the rich and powerful)
23
Q
What is the efficacy issue with direct democracy?
A
It is not achievable on a large-scale: the 100,000 Athenians allowed to vote could more easily gather in one place and discuss than the 68 million UK citizens, instead we have a smaller number of representatives. Additionally, it’s about 1,000 km long.
24
Q
What is the labour issue with direct democracy?
A
It requires citizens to devote a large amount of time to political education, often getting in the way of other responsibilities; the Athenian solution was slavery and having women taking care of family life (neither of which would take part in democracy (3/5 of the population)), not a great solution. The modern solution is to give the burden to a class of people who wholly devote themselves to it.
25
What is the expertise issue with direct democracy?
People are very easily swayed to solutions to problems that appear more clear cut, often against their own interests - politicians have special education to know not to be swayed and to use their expertise to find the best possible solution.
(Brexit, fishers, and the CFP)
26
Outline the forms of political participation in order of intensity
- Standing for public office: many are full time politicians and dedicate their work lives to politics
- Active party membership: campaigning, canvassing and generally being engaged with the workings of your party
- Active pressure group membership: can mean attending or even organising demonstrations or direct action
- Passive party or group membership: joining the group but not doing much more than voting
- Digital activism: online movements that only require expression of support or signing e-petitions, etc.
- Voting
27
What is the issue with a lack of political participation?
If the population does not assert its will upon the democratic system, it becomes open to abuse and the preferential treatment to those who engage over those who do not.
28
How has political party membership changed over time?
In the 40's and 50's, political party membership was at its peak very possibly due to new found faith in democracy and growing optimism in the UK post-WWII (Conservatives leading with 3 million, excluding all the trade union members); since, there has been a steady decline due to growing apathy (conservatives possibly under 100,000 (Guardian))
29
What are the three exceptions to the decline in party membership and what does it mean?
- Labour membership surged when Milliband decreased the fee to £3
- Following the 2014 Scottish Independence Referendum, SNP membership allegedly shot up to 100,000 in a population fo 5 million
- There was a 50,000 member surge in UKIP in the run-up to the 2015 general election
People still see political parties as vehicles for change, but only if promising something radical
30
What is the counterpoint to decreased party membership as proof of declining participation?
- Previously, political parties often represented a subsection of society that made it an obvious choice to be in that party if you were part of that group. It was natural to be a conservative member if you were an aristocrat because it was overtly in your interests
- Labour's drop since the 50's can be attributed to its membership no longer being required for joining a trade union, falling by 65% since the 80ms
31
What is the lowest turnout in history?
2001 - 59.4%
32
Give an argument and counterargument for the decreasing turnout as part of the participation crisis.
Steady increase since 2001 signifies renewed belief in politics - 2019 reaching 63% (on the rise)
Increased opportunities to vote (referendums and devolved bodies)
- 2024 - 59.8%, the lowest since universal suffrage, likely due to dislike of both parties
- 63% is still much lower than 84% in 1950
- Referendums and devolved bodies have even lower turnout, possibly due to voter fatigue and an excess of opportunities, 2023 local elections averaged 35%.
33
Give an argument and counterargument for the declining party membership as part of the participation crisis.
People are still joining parties, as long as they promise real change - SNP membership increased by 100,000 after 2014 referendum; UKIP membership increased by 50,000 in the run up to Brexit
Traditional party membership was never a real form of participation, people joined because it overtly represented their interests or because they had to - Labour reduction by more than 50% in the early 80's due to membership no longer being automatic
- Conservatives had 3 million in the 80's, since, there has been a steady decline due to growing apathy with conservatives possibly under 100,000 (Guardian)
34
Give an argument and counterargument to individual politics in the participation crisis.
There has been growth in more individualistic forms of participation - e-petitions leading to things like the Hillsborough inquiry
- Increase in 'political consumerism' - such as with the boycott on McDonalds leading to a share fall of 4%.
- 'Slacktivism', requires very little effort and shows less participation so still signalling a loss - Online petitions failed to stop the Rwanda Scheme
35
Give an argument and counterargument to pressure groups in the participation crisis.
PGs closely represent specific goal unlike catch-all parties - Stonewall successfully lobbied the government to repeal Section 28, continue to be an invaluable resource for the defence of queer rights
Becoming more widespread - the Passion Collaboration: 1 in 10 adults in the UK are members of a pressure group.
- Some have lost power, trade unions were once one of the guiding hands in politics (13.2 million members in 1979) but Blair was accused by the TUC head of treating them like "elderly relatives". However, Starmer said he wanted a "partnership" with them.
36
Give an argument for and against compulsory voting
Easily solves the participation crisis, 59.8% turnout would be done - Australia dealt with similar lows of 60% in 1924, till compulsory voting and 90% in 2022.
It also legitimises the government's policy as they have an actual majority of the electorate - Starmer has 20% of the actual electorate and Blair's historic 179 seat majority was won with 30%.
- This doesn't deal with the core issue that people aren't engaging with democracy and politics - on average people spend 15 minutes a day reading the news and <1/2 the country talks about politics more than weekly.
37
Give an argument for and against e-democracy.
Making voting easier would be a great way to encourage young people to vote - 54% at Scot referendum
Old and disabled people may have an easier time voting - The electoral commission found that many polling stations are not accessible
- Old people already vote - 70+ turnout is almost double that of 18-24
- Young and disabled people don't not vote cause its difficult, they don't feel represented - 50% of disabled people felt forgotten by politics and the political system has shifted right, alienating the largely leftist youth.
38
What are two names for the right to vote?
- Suffrage
- The franchise
39
What are the three principles of UK suffrage?
- Almost everyone over 18 has the right to vote in elections (save for convicts, the certified insane, and royals)
- Electoral law doesn't discriminate
- It is the responsibility of individuals to register to vote
40
Give the evolution of Suffrage 1800-1900 (The three Reform Acts)
- Great Reform Act (1832): enfranchises almost all middle-class male property owners, bringing the franchise to 6% (up from 4%)
- Second Reform Act (1867): enfranchises all settled male tenants (giving the cote to much of the working-class)
- Third Reform Act (1884): enfranchises almost all working men, 60% of all adults now have the right to vote
41
Give the evolution of Suffrage 1900- (the four Representation of the Peoples Act)
- Representation of the People Act (1918): enfranchises most men and women over 30 who are married, property owners, or graduates
- Representation of the People (Equal Franchise) Act (1928): extends franchise to all adults over 21
- Representation of the People Act (1948): established the principle of 'one-person-one-vote'
- Representation of the People Act (1969): voting age in UK lowered to 18
- Scottish Elections (Reduction of Voting Age) Act (2016): voting age for Scottish elections lowered to 16
42
Outline the basic history of the suffragists and suffragettes.
- Parliament denies petition to give women the right to vote 1866
- The suffragists are created as a lobbying group headed by Fawcett - open to all, democratic and using peaceful means to lobby the government to give women the vote, ultimately successful in 1928
- Some women, specifically Pankhurst and her daughters, grow impatient with the seemingly milquetoast efforts and create the suffragettes - a woman-only movement that uses violent means to intimidate the government which was disbanded upon women over 30 gaining the vote in 1918
43
Give a democracy-based argument and counterargument to extending the vote to 16 year olds.
It would increase the government's legitimacy - Votes At 16 say over 1.5 million potential voters in the UK are being denied
May deal with the participation crisis - Electoral Reform Society - people who vote young are more likely to vote when they're older
- People don't want it - 37:50 in favour according to YouGov
- Fears of a generation of abstainers being created
44
Give a policy-based argument and counterargument to extending the vote to 16 year olds.
Would reorient politics around the young's ideology, mitigating the shift to the right for the old - YouGov finds that 70+ almost 3x more likely than 18-24 to side with Israel and view migration as the most pressing issue facing the country
Young people are old enough to participate - 20,000 young people in youth councils and over 600 elected members of youth Parliaments
- Young people are more likely to have incredibly radical political views spurred by a wish to seem cool (Watts (1999)) so may vote to gain social capital rather than for what's best - 1/2 of Gen Z consider themselves Marxists
45
Give an argument and counterargument to extending the vote to prisoners.
Human rights being taken away weakens the idea - ECHR ruling on Hirst V UK: UK is violating Article 21 of the ECHR
It may aid with reintegration into wider society and mitigate the cycle of criminality - European Journal of Criminology (2019) and the Howard League for Penal Reform: maintaining civic duties may aid reintegration
- People don't want it, it would be undemocratic - YouGov 2012: 63% of people don't want any prisoners to have the vote
- May act as a deterrent from crime. However, no it doesn't: all prisoners can vote in Finland and its criminality score is almost half the UK's (3 V 5.75)
46
What are the three key features of pressure groups?
- External: attempt to influence government policy from outside (Suffragettes and force feeding)
- Narrow: focus on specific issues (Dad Shift and push for greater paternity leave)
- Unity: united by a specific shared belief so can work with other ideologies (Civil Rights Movement)
47
Outline the purpose distinction between pressure groups.
- Interest: represent the interests of a specific section of society: Trade Union Congress brings together 48 unions of more than 5.5 million workers to lobby for worker's rights
- Cause: represent certain values or beliefs not specific to one group: Child Poverty Action Group
48
Outline the relationship distinction between pressure groups.
- Insider: groups that are regularly consulted by the government and use that influence rather than direct action or civil disobedience: National Farmer's Union £1 million programme to help dairy exports
- Outsider: groups that are kept or choose to stay outside the circle of government and attempt to influence via mass media and protest politics: BLM and the arrest of Thomas Lane, murder of George Floyd
49
Why might a pressure group be outsider?
- They are denied insider status and are forced to 'go public' to indirectly influence policy: Dad shift
- They choose to operate as outsiders due to their radical goals and worries of being 'domesticated': Just Stop Oil
50
[Essay] Why should insider pressure groups work with ministers? Give a criticism.
Ministers need specialist knowledge ~> they go to pressure groups ~> pressure group has direct influence over government policy that is most likely to get through - ASH and Sunak's progressive smoking ban
- You need the government to have complete power to pass the policy, not always true and recently less so - May's 9 seat minority and the loss of influence of the IEA
However, Johnson's 80 seats and Starmer's 85 seats may have restored it
51
[Essay] Why should insider pressure groups work with Parliament
Lobbying Parliament allows for wider reach across both government and opposition - BLM in 2020 and Johnson creating the Commission of Race and Ethnic Disparities; The National Autistic Society's 'I Exist' campaign convincing many MPs for Gillian's Autism Act 2009
- Difficult to please both sides - the Howard Leage for Penal Reform is never going to convince the conservatives for prisoner suffrage
- Doesn't work if you government has strong party line - Best for Britain and the failure to get a second referendum (Johnson's 21)
52
[Essay] Why should insider pressure groups work with political parties?
Political parties are in Parliament + more likely to have consistent ideologies ~> have constant ear of group in Parliament - The Liberal Reform group has embedded itself in the LibDem party
- Party doesn't achieve significant power ~> No power to bring policy - Liberal Reform Group has had little power to affect economic policy given LibDems have hovered around 80 seats
- Getting too close to one party can alienate others and discourage them from our policies as they are seen as those of another party - Trade Unions, worker's rights and Labour
53
[Essay] Why should outsider pressure groups work engage in orderly protests?
Orderly protests legitimise the movement
- The Civil Rights Movement and the March on Washington
The aim to present their goals as the 'will of the people' and make the government worry about electoral loss
- The marches and walkouts for Palestine and Labour's humanitarian pause becoming a ceasefire
54
[Essay] Why shouldn't outsider pressure groups engage in orderly protests?
A persistent and widely popular government may not have to worry
- Iraq, Stop the War (1 million) and Blair still getting a 31 seat majority
Smaller Pressure groups may lack the force
- Dad Shift
55
[Essay] Why should outsider pressure groups work engage in civil disobedience?
More media attention = more people drawn to your cause + more discussion of your goals
- Extinction Rebellion held its first protests in October 2018 and opened 140 chapters the following November
Violence can get even more media attention and make people worry about growing societal disorder
- Suffragettes and 3000 bombings and arsons
56
[Essay] Why shouldn't outsider pressure groups work engage in civil disobedience?
Low level disruption may be characterised as 'childish rebellion' without real political goals
- Just Stop Oil and Stonehenge orange spray paint
Violence inevitable leads to condemnation and subverts the political system which is based on one's ability to convince other people
- "We do not negotiate with terrorists."
57
What are the 5 factors affecting the success of a pressure group?
- Wealth
- Size
- Organisation and leadership
- Compatibility with government
- Popular support
58
Give an argument and counterargument for the importance of wealth to pressure group success.
Wealthy groups often hold sway within systems so the government have to listen to them - Unite (second largest union) successfully lobbied the 2020 government to help workers amid the pandemic
They can also use their wealth to employ full-time lobbyists whereas less wealthy groups have to rely on part-time volunteers - 7/10 of the most frequent lobbyists are from corporations in the FTSE 100 index
- This is backwards thinking, pressure groups gain wealth because they are successful
- Wealth matters less in an era of instant news, when reach is relatively cheap - 24% of social media users reported using the #BLM
- Parties need public support to side with wealthy campaigners - 2021, conservative government announced 25% increase to corporation tax after pandemic.
59
Give an argument and counterargument for the importance of size to pressure group success.
Large groups can claim to represent the public opinion and gain large media attention so governments are more likely to listen to them - the National Student Union has 6 mill members and in 2012, successfully lobbied for greater bursaries
Larger membership means larger protests which gain greater media spectacle and awareness - Stop the War and 1 million Iraq protests
- Specialist expertise may outweigh size - the Howard League was quoted by the media 500 times in one day for its criticism of the government building more prisons despite only having 19 staff
- If sectional, density may matter more - BMA has 80% of doctors at 200,000
60
Give an argument and counterargument for the importance of organisation and leadership to pressure group success.
A good leader can make a group's actions more precise and accurate - MLK acted as a moral religious bridge to white Christian America
They may also have good contacts and a high media profile - Marcus Rashford acted as a big media liason for the Child Food Poverty Task Force
- Great organisation doesn't really mean anything if the government remains stagnant - 6 5-day strikes by BMA in protest of a new contract for junior doctors, including the first general strike in NHS history fell apart in November 2016 after the government refused to quit
61
Give an argument and counterargument for the importance of compatibility with government to pressure group success.
In the end, governments are much more likely to push policy if the agree with it - Blair, Iraq, and Stop the War; NSPCC, 'flaw in the law' campaign and amending the law to include online grooming
- Even if they can't change the policy in the short-term, they may be able to change public values in the long-term - one of the aims of Stonewall is to increase acceptance of queer genders and sexualities in their mission statment
- Gaining enough public support may force the government's hand - The marches and walkouts for Palestine and Labour's humanitarian pause becoming a ceasefire
62
Give an argument and counterargument for importance of popular support to pressure group success.
Governments make a calculation of electoral loss if they refuse a demand, if you have the will of the people, they are more likely to listen - Rashford's ability to gain support for extending FSM to the summer holidays forced Johnson to U-turn in 2021
- This doesn't always mean they'll listen - BMA and 2016 protests
- Other means of getting the government's ear may be better - insider groups like the IEA have small support but strong power, especially under May
63
Do Pressure Groups Promote Democracy?
Forgotten demographics Vs. Holding unaccountable power
Parties want more votes ~> appeal to larger groups ~> smaller groups go unrepresented due to lack of electoral promise ~> turn to pressure groups to get their interests and beliefs into the mainstream via protest and lobby - 'Dad shift' and the baby protest, BLM and the use of the internet
- Pressure groups are private ogranisations with private decision makings and finances ~> PGs are unnaccountable to the public so can commit action damaging public health without reprucussions ~> undermine democracy - Just Stop Oil and Stonehenge (history), BLM riots (public safety and economy)
64
Do Pressure Groups Promote Democracy?
Widening participation Vs. Narrowing Participation
Traditional forms on decline ~> Participation needed to enhance democracy ~> PGs give alternative methods that appeal to people that feel representative democracy has failed them - turnout was lowest since universal suffrage in 2001 (59.4%); Palestine protests and Labour’s policy change
- The most powerful groups tend to be those that are already powerful, those with money, popularity, etc. - 7/10 of the most frequent lobbyists are from corporations in the FTSE 100 index
65
Do Pressure Groups Promote Democracy?
Capitalism-style Vs. Sectional group
No group can maintain power longer than they are of interest and competing groups provide political consumers with a constant variety of ideological choice - The Tobacco Institute was heavily influential before 1997 but ASH has become more so since (Sunak's progressive smoking ban)
- Sectional interests may mean damage towards wider society - Groups like the Taxpayer's Alliance lobby for lower taxes which means lower public spending and worse public services
66
Define a think tank and give left/centre/right-wing examples.
A body of experts brought together to discuss certain topics and find solutions to certain issues
- Left: the Fabian Society, prominent in helping create Social Democracy
- Centre: Centre for Social Justice, helped develop universal credit
- Right: The Institute of Economic Affairs, especially prominent under May and Truss
67
Give an argument for and against the positivity of think tanks.
Think tanks provide expert knowledge, discussion and debate of issues and can speak more freely without worrying about appearances - the Fabian Society drew many influential figures like H. G. Wells and E. Pankhurst; Centre for Social Justice Studies and Universal Credit
- Many argue that think tanks only promote the interests of their wealthy funders, disregarding the efficacy of their reccomendations - roughly 50% of the IEA's funding, who promote tax cuts and lower public spending) comes from individuals or large businesses
68
Give an argument for and against whether think tanks have a great effect on the UK
Political parties may align with them, allowing great influence through insider status - Fabian Society and Evolutionary Socialism
Neutral TTs are able to publish research that can be seen as unbiased so is more likely to be used - Institution for Fiscal Studies gains 70% of income from gov. and unis, mentioned 230 time in legislation
- Government only listens when it suits them - Cameron brought in Universal Credit made by CfSJ, but refused any rehabilitative practices in prisons, preferring 'touh-on-crime' politics
69
Outline a lobbyist and give an example.
Organisations or groups that sell their expertise in political processes to those who want political influence.
- Greensill payed Cameron £720,000 a year to lobby the minister he once knew to join a scheme called the Corporate Covid Financing Facility
70
Give an argument for and against the positivity of lobbyists.
Lobbying is part of democracy and allows people, especially those who often go ignored, to have their interests heard - in 2012, lobbyists worked with the Association of Convenience Stores to convince 80 MPs to exempt local newsagents from a new law on keeping tobacco behind shutters; Stonewall
- Lobbyists concentrate knowledge of efficent lobbying into the hands of those who can afford them, effectively stripping power from groups that aren't rich enough and promoting the interests of the wealthy - the lobbyists in the previous example were funded by British American Tobacco (£64b) to circumvent laws inhibiting them from directly lobbying MPs; Greensell
71
Give an argument and counter argument for whether lobbyists have great influence in the UK.
Lobbyists can use their expertise and time to do more rigorous lobbying than those who hire them - Cameron was paid an annual salary (£720k) and he and his team contacted ministers +45 times to get Greensill into the CCFF
- Lobbyists are unable to chage hard-line policy - Levington Comm. unable to stop 2018 sugar tax
- Lobbying is increasingly unpopular so politicians may wish to avoid it - Greensill didnt get into CCFF
72
Give an argument for and against the positivity of corporate influence over government
Corporations will always have an effect as the UK economy depends on corporations, they require some incentive to stay or politicans may adopt business-friendly policy; large firms responsible for 1/3 of employment and turnover of £2tn in 2023; Starmer's 'partnership with business' and the whole Third Way
- Corporations hold huge amounts of unaccountable power with no incentive to use it for the good of the public - Ecclestone Affair, tobbaco, F1 and £1mn to Labour
- Counterbalance of trade unions gone - TUC accusses Blair of treating them like 'elderly relatives'
73
Give an argument and counter argument for whether corporations have great influence in the UK.
Politicians wish to please corporations to get jobs - large firms responsible for 1/3 of employment and turnover of £2tn in 2023;
Ownership of the media allows them to set the agenda - in the 5 months leading to Brexit, 9 major newspapers printed 42 articles about Brexit everyday (Reuters)
- Increasing resentment of upper class (Lea and Young (1997)) means it increasingly looks bad to align with upper-class, politicans may want to avoid the scandal - Starmer’s plans to abolish NHS England and nationalise
74
What are human rights?
The absolute, fundamental and inalienable entitlements we recieve that the government has a responsibility to protect and uphold.
75
Outline positive and negative rights.
Postive: rights that require action to be realised
- Right to public education requires government action
Negative: rights that require inaction to be realised
- Right to life is naturally upheld unless otherwise negated
76
What are the 5 most important legal devellopments of citizens rights in the UK?
- 1215: Magna Carta; imposed restictions on the power of the monarch and created habeus corpus
- 1689: Bill of Rights; Parliamentary soveriegnty and the rights of parliament over the monarch
- 1998: Human Rights Act; codified the ECHR and allowed it to be brought to UK courts
- 2000: FOIA; ensured political transparency
- 2010: Equality Act; consolidated and codified all anti-discriminatory measures
77
What were the three key aims of HRA 1998?
- Bringing rights home: allowed Brits to challenge human rights abuses in the UK without funds to go to the ECtHR
- Creating a culture of respect for human rights: placed legal duty on almost all public bodies to uphold human rights
- Increasing public awareness of human rights: by placing everything in one document, made easier to understand and utilise
78
Give two examples of the Human Rights Act in action.
- The HRA underpinned the 1998 Good Friday Agreement
- In 2022, local police failed to protect a woman's right to life when they did not respond to her 999 call and had to settle with the woman's family
79
Outline the Freedom of Information Act (2000)
Created a public “right of access” to information that is held by public authorities, allowing the public (through requests) to gain access to documents of official bodies - though we do not have access to information from security forces and the government can cesnor anything they see as endangering the security of the state.
80
Give an example of FOIA in practice
In 2008, the Daily Telegraph was granted a request to release the details of expenses claims made by MPs. The exposed widespread abuse of the system even led 6 MPs and 2 Peers to be sentenced to prison time and MPs like Phil Hope to pay on excess of £40,000.
81
Give a criticism of FOIA (2000)
Its often manipulated, with the the National Police Chiefs' Council advising forces not to reveal information on the use of banned surveillance software under fear for national security. Additionally, it’s poorly handled, with the ICO (The regulator for FOIAs) having more than 90 in a backlog in 2021.
82
Outline the Equality Act (2010).
The Equality Act rolled up a bunch of different legislation to protect workers from discrimination based on race, gender, sexuality, and disability.
83
Give an example of the Equality Act in action
Rowstock Ltd v Jessemy (2014): Court of Appealruled that the Equality Act protects individuals from victimisation after their employment has ended, stopping employers from penalising ex-employees.
84
What is the issue with human rights statutes?
UK law is uncodified so it can be overturned whenever, Conservatives want to replace the HRA with a 'British Bill of Rights' - ultimately they are inadequate protection against the government.
85
Outline the conflict between individual and collective rights in the UK. Give an example.
The government may neglect individual rights (such as privacy) in favour of collective rights, like the national interestand safety of the public.
- The Investigatory Powers Act (2016), also known as the Snoopers Charter, allowed the police to hack into computers and devices when they need to access data
86
What is a key issue in protecting human rights in the UK outlined by Ashers v Lee (2018)?
Rights can clash with one another making it difficult to uphold all rights at once. Ashers v Lee (2018) entailed a clash between the freedom from discrimination of Mr Lee who requested a cake with "support gay marriage" on it and the Ashers' freedom of expression to refuse to.
87
How do treaties act as a safeguard for rights in the UK?
Britain is a signatory of multiple rights treaties that bind it both to creating legislation in line with them and being scrutinised by courts like the ECHR, such as the ruling of the Rwanda scheme as illegal under human rights law.
88
How do the Judiciary act as a safeguard for human rights?
Due to CRA (2005), the judiciary acts as independent scrutiny to ensure the government is in line with human rights law, acting as a symbolic declaration to the people of the government being abusive; but this tradition goes further back than 2005, such as in the case of A. v Home Secretary where the Law Lords ruled the government holding 9 people indefinetely as terrorist suspects illegal under the ECHR.
89
How is the judciary inadequate in safeguarding human rights?
Parliament can simply change laws to make it no longer illegal, such as Rwanda of Brown's Terrorist Asset Freezing Bill.
90
How does Parliament safeguard human rights?
Parliament scrutinises government actions and opposition parties are incentivised to point out human rights abuses in law, such as in 2005 when the blocked Blair's Terrorism bill as the ability of police to hold terrorist suspects for 90 days was incompatible with habeus corpus.
91
How is Parliament inadequate in safeguarding rights?
FPTP often leads to large majorities (Starmer: 86) which can lead to elective dictatorships where no other party can challenge the government adequately; the Police, Crime and Sentencing Act was passed by BoJo with an 80 seat majority allows police to set a start and end time to protests.
92
How do emergencies impact the protection of rights?
Governments often neglect rights in the event of a national emergency, with the ECHR allowed to be neglected in favour of national security; the Coronavirus Act (2020) was an 'on the nod' vote (wasn't voted on' bill that allowed the government to restrict most basic civil liberties such as right to assebmbly.
93
Give a success and failure of 'Liberty'
+ Liberty was able to defeat the Home Secretary in Court in 2023, getting new laws that change the definition of ‘serious disruption’ at a protest to ‘more than minor’ (giving police almost unlimited power to shut down protests) declared ultra vires
- Lobbying failed to stop the Snoopers' Charter
94
Give a success and failure of the 'Howard League for Penal Reform'.
+ Helped end capital punishment in the UK in 1969
- Continues to promote prisoner enfranchisement, Yougov found that 63% of the UK was against it
