Comparative Theories and Civil Rights

Structural Theory

Focuses on the institutions in a political system and the processes within them.

Suggests that political outcomes are largely determined by the formal processes such as:

• Laws made

• Elections organised

• Legislature and Executive structured.

Create particular relationships - legislatures + executives, govt and governed, party establishment and members, or pressure groups and members.

Fixed parts of politics influence the other fixed parts.

Rational Theory

Theorises how individuals behave to maximise their own best interests - ‘selfish’ model or consumer model.

Rational action allows individuals judge how best to achieve their aims:

• Winning or Maintaining power

• Achieve ideological or policy goals

Presidents + PMs, Legislative Politician + Voters.

Cultural Theory

Looks at how we are influence by the group we belong to:

• Political parties

• Pressure groups

• Factions

• Groups

People operate because of the culture of the group they’re in

Circumstance and Context drives politics.

Constitutional Arrangements

Theory	USA	UK
Structural	Codified Separation of Powers Bicameral 2 directly elected chambers	Uncodified Fusion of powers Bicameral 1 appointed chamber
Rational	Limited presidential powers Direct presidential mandate Federal nature, Mid-Terms (2yrs)	Extensive + Flexible PM powers Indirect mandate of PM Central powers, Election 4/5yrs
Cultural	Codified Liberal ideological basis Response to tyranny Entrenched Rights - Individualism	Uncodified Conservative ideological basis Gradual development over time Acceptance of authority and rule.

Executives

Theory	USA	UK
Structural	Limited presidential power Direct presidential power Autonomous cabinet	Extensive + Flexible PM powers Indirect mandate of PM CMR + IMR
Rational	Limit president power over congress Foreign policy influence Direct mandate, however EC Reasons for picking cabinet	PM has significant power of patronage Lack of FP power Indirect mandate - party leader Reasons for picky cabinet
Cultural	Liberal ideological basis Response to tyranny Entrenched rights - individualism	Conservative ideological basis Gradual development overtime Acceptance of authority + rule

Judiciaries

Theory	USA	UK
Structural	Political appointments process Separation of powers Checks + Balances - amendments	Appointment process - JAC Fusion of Powers Parliamentary sovereignty
Rational	Politicisation of individual justices Lack of diversity - internal bias Positive public perception	Independence of individual justices Lack of diversity on the bench Negative public perception
Cultural	Established with Constitution Response to Tyranny Entrenched Rights - Individualism	Established in current form in 2009 Gradual development of time Acceptance of authority + rule.

Elections + Party Systems

Theory	USA	UK
Structural	Decentralisation of parties (States) FPTP with EC 2 party system Largely deregulated fundraising	Centralised party system Constituency parliamentary system Multi-party system, 2 parties dominate Highly regulated fundraising + spending
Rational	Many levels/areas of elections Direct democracy - ballot initiatives Donations - PACs/Super PACs	Centralised/National Elections Direct Democracy uncommon - referendums Restricted funding and spending
Cultural	Embedded tradition of divisive 2 parties Liberalism - lobbying, PGs	Tradition of 3rd/minority party access Conservatism - authority and tradition

Pressure Groups

Theory	USA	UK
Structural	Importance of finance - NRA Multiple access points - federalism Amicus Curiae Briefs	Lack of funding Limited access points - centralised Limited impact of UKSC
Rational	Wealth = Impact Inequality of access Direct Action, limited impact	Impact more evenly spread Greater equality of access Direct Action, nudge discourse
Cultural	Historical rebellion against authority Ideological importance of individual Liberalism - lobbying pressure groups	Historical acceptance of gradual change Ideological importance of tradition Conservatism - pragmatism

Equal Rights Amendment 1972

The ERA was the most controversial civil rights amendment that never happened, it would’ve made it illegal to discriminate on the grounds of sex.

It passed Congress in 1972, but conservative opposition led by Phyllis Schlafly stopped it from reaching the ¾ of state legislatures ratification by the 1982 decline.

Recently been revived by Democrats in 2023, but Senate failed to get the supermajority required, despite 85% popular support across the US.

CASE STUDY: National Emergencies - 9/11 Attacks

2001 Patriot Act - Allowed police searches without a court order.

2005 Prevention of Terrorism Act - Introduced government control orders for terrorist suspects (repealed in 2011)

CASE STUDY: Women’s Rights

Abortion Rights differ sharply

UK has been legal since 1967 (2019 for NI)

USA is more controversial, currently a States issue. Religion drives the controversy

CASE STUDY: Race

Both have long standing debates over racial inequalities, prejudices, and systemic disadvantages.

• USA had deeper history involving slavery, segregation, and civil rights

• UK has a deeply racist legacy with the empire, and non-white immigrants post-WW2

BLMs modern role:

• USA has led to protests resulting in 1,164 deaths

• UK has led to a reassessment of black history education, only 3 deaths

Disproportionally high percentage of minority ethnics in UK + US prison systems.

Black Caribbean students are twice as likely to be excluded as White British students in education - Structual Racisim.

American Civil Liberties Union

ACLU

1.7 million members, 100 lawyers, 2,000 volunteers

Formed in 1920 to defend all Americans civil liberties across the nation, sometimes controversial:

1978 - defended Neo-Nazi march in Chicago where a lot of Holocaust survivors lived.

Joined the NAACP in 1954 Brown v. Board, 1973 Roe v. Wade, and 2015 Obergefell v. Hodges

21st Century - Protected privacy of gay people and against ‘intelligent design’ (anti-evolution theory)

Challenged 2001 Patriot Act, Use of Guantanamo Bay, Drone Strikes, and Trumps 2017 Muslim Ban.

Since SCOTUS went 6-3 conservative-liberal split, suffered big defeat in 2022 Dobbs v. Jackson, and roadblocked for resisting Trumps current plans.

Current Campaign: Birth-right Citizenship

• Barbara v. Donald J Trump (ongoing)

• Centred on 14th amendment

• 1^st April 2026: SCOTUS heard oral arguments against Trump’s exec. order, lower courts blocked implementation.

• “New World, Same Constitution” - Roberts, 2026

• Likely to be blocked because of the Conservative SCOTUS.

National Association for the Advancement of Coloured People

NAACP

Began in 1909 with >500,000 members, were the driving force behind civil rights in 1950-60s.

Are the legal representation for protestors arrested by government.

Lobbied Congress for: Civil Rights Acts 1954, 1964, 1968, and the Voting Rights Act 1965.

1897 Plessy v. Ferguson overturned by NAACP ending “separate but equal”

Thurgood Marshall = Chief special console, won 1954 Brown v. Board

2020 - #wearedonedying = Institutional Racism - George Floyd Murder

2024 - Protect Medicaid and Voter Mobilisation, then invested $20 million and trained >100,000 volunteers

NAACP: Fighting Project 2025

• Higher Wages

• Higher school investment

• ‘Pathways to Progress’ in the criminal justice system

Ongoing issues - Race

Slavery legal till 1865 in the USA

13th, 14th, 15th amendments abolished slavery and enshrined equality principals for all Americans.

South used “Jim Crow Laws” supported the “separate but equal” clause of 1897 Plessy v Ferguson

Native Americans weren’t full US citizens till 1924. In 5-15 million (1492) → 238,000 (1900)

Haaland v Brackeen 2023, SCOTUS ruled NA children should be adopted within the same tribe.

>5 million live in the US, with 1 million on one of the 326 reservations which suffer >2x the national poverty rate.

Civil Rights Movement

Began in the late 1940s with the double v movement

Rose to national prominence due to the murder of Emmett Till highlighting the profound failings of the US criminal justice system.

Some campaigners used direct action tactics like sit-ins and boycotts.

MLK led campaigns of civil disobedience to expose the brutality of Southern Whites and Police, winning him the Nobel Peace Prize in 1963.

Affirmative Action has attempted to reverse the damage with most Democrats in support.

SCOTUS ruled against affirmative action in their Students for fair admissions v Harvard (2023) ruling.

Voting Rights

1965 Voting Rights Act removed restrictions on voting - 7% in 1964, 67% in 1969

SCOTUS ruled in Shelby County v Holder (2013) allowed voting restrictions - 29 states have done so since 2010.

White turnout has hardly been affected, Black turnout has dropped 7% since 2016 - contributing to Clintons loss in 2016.

Biden won in 2020 due to a record Black Turnout

He attempted to reverse the Shelby Country ruling but it failed to pass

UK Comparison - Compare to Representation of the People Act 1983.

Incarceration Rates

Black people are 5x more likely to be arrested then white people.

2022 = 13% of pop. Black, 32% of prisoners. 58% of pop. White, 31% of prisoners.

Sociologists argue this is because they are more socioeconomic disadvantaged - 6x more likely to be imprisoned on drug charges

>50% of Black men imprisoned/arrested.

If imprisoned, they face suspension or withdrawal of voting rights:

• Laws vary by state

• 1/13 black adults disenfranchised nationwide - sentencing project

Felony Disenfranchisement

Progress:

• 26 states extended voting rights to previous convicts (2 million people) since 1997.

• Black disenfranchisement rates fell from 1/13 in 2016 to 1/22 in 2024.

Limitations:

• Florida initially extended voting rights to prisoners in 2018, state legislatures republicans disenfranchised those who hadn’t paid court-ordered fires - disenfranchised 1 million in 2024

• Black felony disenfranchisement is still 3x higher than whites.

Black Lives Matter

BLM

Started in 2013 after George Zimmerman was acquitted after shooting dead an unarmed black teenager called Trayvon Martin.

2020 - Derek Chauvin knelt on George Floyd’s neck for 9 minutes 20 seconds, whilst he pleaded for his life.

• Sparked a 23 million person demonstration despite COVID restrictions

• Chauvin was sentenced to 22.5yrs in 2021

Success:

• Expanded beyond US to a global movement

• BLM nominated for Nobel Peace Prize in 2021

• 200 fewer fatal shootings from 2014-2019

Failures:

• Argued BLM is too extreme

• 33% see BLM as dangerous

  • 40% white, 59% republican

• Some don’t see ‘systemic racism’ against Blacks

Alt-Right

Political movement made up of divergent far-right beliefs from white supremacists, neo-Nazis, and neo-confederates.

Behave traditional, conservatives have betrayed the people and mainstream politics threatens white identity.

Far-Right

Responsible for 2/3^rds of terrorist activity in the USA during 2020

1,371 hate and anti-government groups active in the USA in 2024

• Proud Boys and KKK

• Nick Fuertes leads the ‘America First’ movement and is a Holocaust Denier.

Trumps is associated, didn’t clearly condemn the ‘Unite the Right’ rally in Charlottesville in 2017 - 2 dead, 30 wounded.

Latino’s targeted: 2019 Shooting at El Paso Walmart, Texas killed 23 Hispanics

Hate Crimes rose 150% in 2020

During the Jan 6th 2021 insurrection, Swastikas and Confederate Flags were seen, the “fight like hell” quote prompted Proud Boys, Oath-keepers, and QAnon conspiracy theorists to attack.

US v UK Comparison of Civil Rights

Protection - Rule of Law applies to both:

UK - Equality Act 2010 = Brought a together a lot of previous legislation (1970 Equal Pay Act, 1976 Race Relations Act)

USA - Civil Rights Act 1964 = LBJ banned racial discrimination and stopped voting restrictions like literacy tests.

Civil Liberties - National emergencies (9/11)

UK - The Prevention of Terrorism Act 2005 = Enabled detainment of terror suspects (repealed in 2011)

USA - Patriot Act 2001 = Introduced by Bush for similar reasons, still in force

Women’s Rights

UK - Abortion Act 1967 = Settled the debate, NI legalised in 2019

USA - Roe v Wade 1973 = Made Abortion federal issue, Dobbs v Jackson 2022 made it a state issue

Race

UK - Cover racist legacy of the empire, not enough minority students, Black History and Culture part of education, 27% of prisoners are EMs

USA - Overt racism from segregation, made affirmative action unconstitutional, Institutional racism continued, 60% if prisoners are EMs.