Politics UK-Democracy and Participation
Democracy – a system of government where the citizens exercise power by voting
Direct Democracy – the direct and continuous participation of citizens in the government (Athen’s model)
Representative Democracy – the indirect government by the people, through representatives elected by the people
__Advantages of Direct Democracy ;__o Everyone in society participateso People make decisions in their interests directlyo All have equal voiceo Purest form of democracy | __Advantages of R.D;__o Professionals can make complex decisionso Minorities can be representedo Elected politicians can be held accountableo Most practical form |
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__Disadvantages of D.D;__o Impractical to achieve as requires constant participationo Become apathetic when participating too regularlyo People vote in own interest rather than society’so No minority representation, result is tyranny of majority | __Disadvantages of R.D;__o Disengaged citizens from politicso Controlled parties result in lack of independenceo Politicians can avoid accountabilityo Representative politicians open to corruption and self interest |
Pluralism and Democracy – the distribution of political power is evenly dispersed in society rather than concentrated in the hands of elite or ruling class
Legitimacy – right and acceptance of an authority given by the electorate, governments acquire this from the mandate it secures in elections
Mandate – endorsement by those who’re consulted/ vote upon an issue, the ‘right to govern’ and exercise power
Deficits – criticisms of the democratic system
__Positive features of UK Dem;__o Free media that challenges gov. policy, exposes politicians’ misdeedso Independent judiciary separate from other branches, uphold laws + personal freedomso Devolved gov’s, power given to local gov’s enables local + relevant decisionso Free + fair elections, largely free from corruption, opportunities to vote in referendums (aspects of D.D)o Range of political parties, large choiceo Universal suffrage | __Negative features of UK Dem;__o Minority underrepresented due to FPTPo HOL lack democratic legitimacy (unelected)o Lack protection of rights, EU convention of HR incorporated into UK law 1998 but inadequate at giving rights to citizenso Control of media by wealth (Murdock group owns multiple news outlets i.e Sun, Times) + business interests has mass control despite being one companyo Many don’t participate/vote |
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Franchise – the right to vote in public, political elections
o 1832 Great Reform Act (abolished rotten boroughs, created seats for urban areas such as Manchester)
o 1918 Representation of the People Act (all men over 21 and women over 30, got rid of plural voting in G.E’s)
o 1928 Equal Franchise (both sexes vote at 21)
o 1948 Representation of the People Act (end of plural voting)
o 1969 Representation of the people act (voting age reduced to 18)
__For voting age 16;__o Currently have no say over policies that affect them i.e tuition fees – not representedo Allowed to vote in Scottish referendumo Parties currently aim policies at older voterso Citizenship education compulsory since 1997 so arguably better educated than older generationo Can be independent, have a job, married and paying taxeso Their generation will live with the long-term effects of political decisions | __For compulsory voting;__o Greater legitimacy, MPs held to account by all constituentso Increase participation and turnout (Australia have 95% turnout)o Make government more representative as higher proportion of electorate contributed to resulto Forces people to address political issues (better political education)o Raise money through fineso No variation in types of elections |
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__Against voting age 16;__o Not developed political viewso Could lower overall turnout (18-24 turnout is lowest currently)o May not be mature enough to consider future effects of decisionso Parties may construct frivolous policies to attract younger voterso Already other ways to get involved i.e youth parliamento Political education differs in quality school to schoolo Politicians should already represent the views of all their constituents regardless of whether 16-year olds can vote | __Against compulsory voting;__o Give media more power to influenceo Abuses people’s freedomso Donkey voting (everyone voting for same thing)o Outcome of election decided by ill-informed voters leading to extremist parties gaining powero Costs money to enforceo Doesn’t solve problem of political engagement, doesn’t mean people are happy with political system, masks ito Access to polling stations for vulnerable peopleo Take longer for result to be reached + cost money enforcing and chasing fines |
__Yes, participation crisis;__o Voter turnout has declined at general elections (since 1997 turnout has been below 71% with 2001 59%)o Since 1983 party membership has declined (3.8% to 1.6%) particularly in main partieso By-elections and second order elections have lower turnouts than general electionso Apathy/hapathy and the belief their vote won’t make a difference due to party similarity, safe seats (in 2010 G.E, 59% seats safe) and FPTP | __No participation crisis;__o Pressure group activity has increased (i.e Extinction Rebellion + Tuition Fees)o More access to political information via social media; greater engagemento E-democracy/ petitions increased engagement (i.e 2nd EU referendum petition has 6 million signatures)o Party membership of smaller parties has increased since 2010o Turnout for non-general elections voting has increased (i.e EU/ Scot Independence) on single issue votes |
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Pressure Group – a group that tries to influence public policy in the interest of a particular cause, don’t usually enter own candidates in elections or seek to exercise power themselves
__Sectional (/interest) groups;__o Promote interests of an occupation or another group in society ie. Trade unions representing their members in negotiations with employerso Restricted membership to those who meet specific requirements i.e National Farmers Union is open to those working in agricultural industry to achieve agricultural policies which bring security of income to farm families, provides professional representation- Recent campaign, trying to ensure a free trade in agri-food goods with the EU market after Brexit whilst maintaining regulatory control, avoid ‘no deal’ scenario- Successes, lobbied to obtain funding for Anaerobic Digestion plant on farms, farmers can apply for a £400,000 loan to do so, as it allows to save money on energy, positive environmental outcomes | __Cause groups;__o Promote a particular goal or drawing attention to an issueo Membership open to anyone who sympathises with their aims i.e Client Earth, made up of lawyers and environmental experts to fight climate change using the law to protect the planet- Recent campaign, Brexit, trying to assure gov. maintains strong legal protection as a ‘no-deal’ scenario suggested gov. departments are underprepared in maintaining promised environmental protections- Successes, 2009, lobbied EU commission to reject UK gov’s request for an extension on improving air quality in the most polluted areas, the group’s appeal to S.C was successful, and gov. found breaching law |
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__Social movement;__o Similar to cause groups but more loosely structuredo Seek to achieve a singular objectiveo Usually politically radical i.e 2006 – 2010 ‘camps for climate action’ protests against the expansion of Heathrow airport | |
__Outsider groups;__o Not consulted by the gov, they’re unlikely to seek dialogue, objectives usually far from political mainstream i.e animal rights protesters who try intimidating testing laboratories such as Animal Liberation Front (often use militant strategies)o Resort to less discreet methods to draw attention to concerns as they lack contacts, petitions, email campaigns, demonstrations i.e Extinction Rebellion and publicity stuntso Black Lives Matter UK obstructed flights at London city airport in 2016 to draw attention to that ethnic minorities are unproportionally affected by pollution | __Insider groups;__o Relies on contact with ministers and civil servants to achieve their aims, negotiate quietly behind the scenes, sometimes even given input on draft legislationo National Farmers Union able to give specialised knowledge in return for influence on policyCan also choose to lobby MPs and brief them on issues of concern or give evidence to committees |
Combination of P.G methods;
o Groups can move from inside to outside depending on the gov.
o Some groups use both methods depending on their issue and the degree to which the gov. is willing to respond
o British Medical Association (insider status) faced the gov’s determination to impose a new contract on junior doctors to which they responded their opposition by strike action in 2016
- Direct Action, not always peaceful i.e 2010 student demonstrations against increases in tuition fees were prosecuted for disorderly conduct, Extinction Rebellions use of non-violent civil disobedience to gain public attention with arrests
- Other, more funded, pressure groups may initiate legal challenges against policies i.e Countryside Alliance took case against banning fox hunting to the high court in 2004
Causes of varying P.G influence;
o Practical Achievability, those with smaller, more practical aims (i.e Gurkha Justice Campaign aiming to gain the right for all Gurkhas who served in the British army to live in the UK, able to gain legislation that secured it) are likely to have more successes as those with long term/ larger goals (i.e Make Poverty History, unlikely to be achieved in short term, expensive and global aims)
o Public Support, groups which have aims in line with public opinion are more likely to be successful i.e Jamie Oliver’s ‘Feed Me Better’ campaign improve the quality of school meals, celebrity endorsement and public support changes were made, TV celebrity Joana Lumley’s support of Gurkha Justice Campaign, National Association for Care and Resettlement of Offenders (NACRO) has less favourable public support
o Changing political circumstances, different gov’s prioritise different things i.e campaigns for gay rights only gained headway under Tony Blair’s gov.
o Human and material resources, groups with large membership have larger legitimacy and greater funds i.e RSPB is consulted about conservation issues, RSPCA employs 1,600 with thousands of volunteers and can afford advertisements, trade-unions more influential against employers if larger membership
o Group status, insider groups benefit from regular consultation and access to the gov. with possible involvement in draft legislation, groups with financial/ business/ political leverage have advantage i.e Confederation of British Industry (CBI) which represents 190000 businesses
o Group methods, utilising multiple methods tends to lead to success such as lobbying ministers, social media and internet to generate support, extreme methods alienate i.e Animal Liberation Front is rejected due to its militancy, mass marches/ protests help gain public attention but aren’t always successful
Think Tanks – groups of experts who investigate topics and offer solutions to complicated economic, social or political issues
- An alternative source of ideas to the civil service (have more expertise and time to carry out research than parties)
- Margaret Thatcher’s right-wing think tanks are owed the conserve. party’s preference to a free market approach in the 1970s
- Some have definitive influence on gov. policy i.e centre for social justice set up by former conserv. leader Ian Duncan Smith in 2004 to look for solutions to the problems faced by the disadvantaged, when he gained a position in gov. he was able to implement his ideas i.e universal credit (came from a thinktank report in 2009)
- Less politically practical ideas ignored due to view that young ambitious people see think tanks as springboard to political career i.e Ed Miliband starting as a centre-left public policy researcher
Lobbyists – members of professional organisations who’re paid by clients seeking access to the gov. or MPs and members of HOL to gai influence on behalf of their clients (when legislation affects their interests)
- An extension of members of the public’s ability to lobby their MPs, unease as its legitimacy, as many dislike that influence can be bought by wealthy people or organisations
- MPs accepting money for agreeing to represent a viewpoint is banned but undercover journalists have exposed MPs who have accepted deals to do so, ‘cash for access’ scandals
- 2014 gov. made it a legal requirement for lobbyists on behalf of a 3rd party to register their activities i.e discussing policy but some call for greater transparency as the system is expected largely to regulate itself
- Employs 4,000 with £2 billion spent yearly but David Cameron denied its influence in gov. policy
Corporations – the role of large businesses/ corporations as a source of concern for pro-democracy campaigners
- ‘revolving door’ process, senior politicians and officials take well paid jobs in private sector after leaving gov. using contacts and knowledge of gov. to benefit interests of corporations
- Business leaders also have taken positions in appointment to HOL i.e Lord Sugar
- i.e 2016 during a social event at the conserv. party conference attended by business secretary Greg Clark, it was reported the British Soft Drinks Association had expressed their opposition to the planned tax on sugary drinks
Development of rights – liberty, privacy, freedom of consciousness and expression etc.
o 1215 Magna Carta (regarded as the oldest statement of rights in the UK, purpose was to limit royal power, established the right to a free trial by jury)
o 1950 European Convention on Human Rights (drawn in the aftermath of violations from WW2, EU court of HR set up to hear cases where rights had been infringed in their countries, costly and time consuming)
o 1998 Human Rights Act (brought ECHR convention into British law, rights could now be defended in UK courts without having to go to EU court)
o 2010 Equality Act (brought together nine previous anti-discrimination legislation, made it illegal for public bodies and employers to discriminate on any grounds in the workplace or in wider society)
Implications of HRA 1998;
o Judges must read and give effect to other laws in a way which is compatible with the convention, unlawful for a public authority to act in a way which infringes any rights
- Abu Qatada (right to fair trial which isn’t using evidence obtained by torture, gov. action thwarted by HRA as legal advisors able to fight deportation for 8 years until it was promised tainted evidence wouldn’t be used)
- Gary Mckinnon (meant to be extradited to US due to accessing gov. computers, was blocked by foreign secretary T.May as his extradition would risk life due to his mental illness, would be incompatible with HRA, his legal battle lasted 10 years since 2002)
- Madonna and Guy Richie (right to privacy 2004 disregarded by Countryside and Rights of Way Act which meant walkers could go on their estate)
o Protects most vulnerable, confirms innocent is innocent and challenges injustices in UK courts
o Isn’t entrenched, parliament has the option to repeal by the legislative process in parliament upholding sovereignty, flaws also mean HRA can be exploited by murderers, terrorists and criminals to escape extradition and deserved punishment
__Yes, rights protected;__o Judicial reviews enable scrutiny of gov. legality, way of protecting citizen rights, a check on legislation to make sure it complies with HRAo Increase in judicial reviews i.e 4,240 in 2000 to 15,600 in 2015, successes include high court ruling 2008 to allow Gurkha soldiers to live in the UKo Due to public and parliamentary opposition, gov 2005 proposals to extend the period an uncharged terror suspect could be held from 14 to 90 days, defeated in commons | __No, rights not protected;__o Judges cannot force legally parliament to make changes in its legislation if it infringes the HRAo Judicial reviews place too much power in the hands of unelected, unaccountable judgeso Human rights can be seen eroded in times of heightened security concerns as the gov. and public tend to put safety of society above the individual i.e post 9/11 when ministers claimed they could hold foreign terror suspects indefinitely on the grounds of national emergency in 2001 |
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Democracy – a system of government where the citizens exercise power by voting
Direct Democracy – the direct and continuous participation of citizens in the government (Athen’s model)
Representative Democracy – the indirect government by the people, through representatives elected by the people
__Advantages of Direct Democracy ;__o Everyone in society participateso People make decisions in their interests directlyo All have equal voiceo Purest form of democracy | __Advantages of R.D;__o Professionals can make complex decisionso Minorities can be representedo Elected politicians can be held accountableo Most practical form |
|---|---|
__Disadvantages of D.D;__o Impractical to achieve as requires constant participationo Become apathetic when participating too regularlyo People vote in own interest rather than society’so No minority representation, result is tyranny of majority | __Disadvantages of R.D;__o Disengaged citizens from politicso Controlled parties result in lack of independenceo Politicians can avoid accountabilityo Representative politicians open to corruption and self interest |
Pluralism and Democracy – the distribution of political power is evenly dispersed in society rather than concentrated in the hands of elite or ruling class
Legitimacy – right and acceptance of an authority given by the electorate, governments acquire this from the mandate it secures in elections
Mandate – endorsement by those who’re consulted/ vote upon an issue, the ‘right to govern’ and exercise power
Deficits – criticisms of the democratic system
__Positive features of UK Dem;__o Free media that challenges gov. policy, exposes politicians’ misdeedso Independent judiciary separate from other branches, uphold laws + personal freedomso Devolved gov’s, power given to local gov’s enables local + relevant decisionso Free + fair elections, largely free from corruption, opportunities to vote in referendums (aspects of D.D)o Range of political parties, large choiceo Universal suffrage | __Negative features of UK Dem;__o Minority underrepresented due to FPTPo HOL lack democratic legitimacy (unelected)o Lack protection of rights, EU convention of HR incorporated into UK law 1998 but inadequate at giving rights to citizenso Control of media by wealth (Murdock group owns multiple news outlets i.e Sun, Times) + business interests has mass control despite being one companyo Many don’t participate/vote |
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Franchise – the right to vote in public, political elections
o 1832 Great Reform Act (abolished rotten boroughs, created seats for urban areas such as Manchester)
o 1918 Representation of the People Act (all men over 21 and women over 30, got rid of plural voting in G.E’s)
o 1928 Equal Franchise (both sexes vote at 21)
o 1948 Representation of the People Act (end of plural voting)
o 1969 Representation of the people act (voting age reduced to 18)
__For voting age 16;__o Currently have no say over policies that affect them i.e tuition fees – not representedo Allowed to vote in Scottish referendumo Parties currently aim policies at older voterso Citizenship education compulsory since 1997 so arguably better educated than older generationo Can be independent, have a job, married and paying taxeso Their generation will live with the long-term effects of political decisions | __For compulsory voting;__o Greater legitimacy, MPs held to account by all constituentso Increase participation and turnout (Australia have 95% turnout)o Make government more representative as higher proportion of electorate contributed to resulto Forces people to address political issues (better political education)o Raise money through fineso No variation in types of elections |
|---|---|
__Against voting age 16;__o Not developed political viewso Could lower overall turnout (18-24 turnout is lowest currently)o May not be mature enough to consider future effects of decisionso Parties may construct frivolous policies to attract younger voterso Already other ways to get involved i.e youth parliamento Political education differs in quality school to schoolo Politicians should already represent the views of all their constituents regardless of whether 16-year olds can vote | __Against compulsory voting;__o Give media more power to influenceo Abuses people’s freedomso Donkey voting (everyone voting for same thing)o Outcome of election decided by ill-informed voters leading to extremist parties gaining powero Costs money to enforceo Doesn’t solve problem of political engagement, doesn’t mean people are happy with political system, masks ito Access to polling stations for vulnerable peopleo Take longer for result to be reached + cost money enforcing and chasing fines |
__Yes, participation crisis;__o Voter turnout has declined at general elections (since 1997 turnout has been below 71% with 2001 59%)o Since 1983 party membership has declined (3.8% to 1.6%) particularly in main partieso By-elections and second order elections have lower turnouts than general electionso Apathy/hapathy and the belief their vote won’t make a difference due to party similarity, safe seats (in 2010 G.E, 59% seats safe) and FPTP | __No participation crisis;__o Pressure group activity has increased (i.e Extinction Rebellion + Tuition Fees)o More access to political information via social media; greater engagemento E-democracy/ petitions increased engagement (i.e 2nd EU referendum petition has 6 million signatures)o Party membership of smaller parties has increased since 2010o Turnout for non-general elections voting has increased (i.e EU/ Scot Independence) on single issue votes |
|---|---|
Pressure Group – a group that tries to influence public policy in the interest of a particular cause, don’t usually enter own candidates in elections or seek to exercise power themselves
__Sectional (/interest) groups;__o Promote interests of an occupation or another group in society ie. Trade unions representing their members in negotiations with employerso Restricted membership to those who meet specific requirements i.e National Farmers Union is open to those working in agricultural industry to achieve agricultural policies which bring security of income to farm families, provides professional representation- Recent campaign, trying to ensure a free trade in agri-food goods with the EU market after Brexit whilst maintaining regulatory control, avoid ‘no deal’ scenario- Successes, lobbied to obtain funding for Anaerobic Digestion plant on farms, farmers can apply for a £400,000 loan to do so, as it allows to save money on energy, positive environmental outcomes | __Cause groups;__o Promote a particular goal or drawing attention to an issueo Membership open to anyone who sympathises with their aims i.e Client Earth, made up of lawyers and environmental experts to fight climate change using the law to protect the planet- Recent campaign, Brexit, trying to assure gov. maintains strong legal protection as a ‘no-deal’ scenario suggested gov. departments are underprepared in maintaining promised environmental protections- Successes, 2009, lobbied EU commission to reject UK gov’s request for an extension on improving air quality in the most polluted areas, the group’s appeal to S.C was successful, and gov. found breaching law |
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__Social movement;__o Similar to cause groups but more loosely structuredo Seek to achieve a singular objectiveo Usually politically radical i.e 2006 – 2010 ‘camps for climate action’ protests against the expansion of Heathrow airport | |
__Outsider groups;__o Not consulted by the gov, they’re unlikely to seek dialogue, objectives usually far from political mainstream i.e animal rights protesters who try intimidating testing laboratories such as Animal Liberation Front (often use militant strategies)o Resort to less discreet methods to draw attention to concerns as they lack contacts, petitions, email campaigns, demonstrations i.e Extinction Rebellion and publicity stuntso Black Lives Matter UK obstructed flights at London city airport in 2016 to draw attention to that ethnic minorities are unproportionally affected by pollution | __Insider groups;__o Relies on contact with ministers and civil servants to achieve their aims, negotiate quietly behind the scenes, sometimes even given input on draft legislationo National Farmers Union able to give specialised knowledge in return for influence on policyCan also choose to lobby MPs and brief them on issues of concern or give evidence to committees |
Combination of P.G methods;
o Groups can move from inside to outside depending on the gov.
o Some groups use both methods depending on their issue and the degree to which the gov. is willing to respond
o British Medical Association (insider status) faced the gov’s determination to impose a new contract on junior doctors to which they responded their opposition by strike action in 2016
- Direct Action, not always peaceful i.e 2010 student demonstrations against increases in tuition fees were prosecuted for disorderly conduct, Extinction Rebellions use of non-violent civil disobedience to gain public attention with arrests
- Other, more funded, pressure groups may initiate legal challenges against policies i.e Countryside Alliance took case against banning fox hunting to the high court in 2004
Causes of varying P.G influence;
o Practical Achievability, those with smaller, more practical aims (i.e Gurkha Justice Campaign aiming to gain the right for all Gurkhas who served in the British army to live in the UK, able to gain legislation that secured it) are likely to have more successes as those with long term/ larger goals (i.e Make Poverty History, unlikely to be achieved in short term, expensive and global aims)
o Public Support, groups which have aims in line with public opinion are more likely to be successful i.e Jamie Oliver’s ‘Feed Me Better’ campaign improve the quality of school meals, celebrity endorsement and public support changes were made, TV celebrity Joana Lumley’s support of Gurkha Justice Campaign, National Association for Care and Resettlement of Offenders (NACRO) has less favourable public support
o Changing political circumstances, different gov’s prioritise different things i.e campaigns for gay rights only gained headway under Tony Blair’s gov.
o Human and material resources, groups with large membership have larger legitimacy and greater funds i.e RSPB is consulted about conservation issues, RSPCA employs 1,600 with thousands of volunteers and can afford advertisements, trade-unions more influential against employers if larger membership
o Group status, insider groups benefit from regular consultation and access to the gov. with possible involvement in draft legislation, groups with financial/ business/ political leverage have advantage i.e Confederation of British Industry (CBI) which represents 190000 businesses
o Group methods, utilising multiple methods tends to lead to success such as lobbying ministers, social media and internet to generate support, extreme methods alienate i.e Animal Liberation Front is rejected due to its militancy, mass marches/ protests help gain public attention but aren’t always successful
Think Tanks – groups of experts who investigate topics and offer solutions to complicated economic, social or political issues
- An alternative source of ideas to the civil service (have more expertise and time to carry out research than parties)
- Margaret Thatcher’s right-wing think tanks are owed the conserve. party’s preference to a free market approach in the 1970s
- Some have definitive influence on gov. policy i.e centre for social justice set up by former conserv. leader Ian Duncan Smith in 2004 to look for solutions to the problems faced by the disadvantaged, when he gained a position in gov. he was able to implement his ideas i.e universal credit (came from a thinktank report in 2009)
- Less politically practical ideas ignored due to view that young ambitious people see think tanks as springboard to political career i.e Ed Miliband starting as a centre-left public policy researcher
Lobbyists – members of professional organisations who’re paid by clients seeking access to the gov. or MPs and members of HOL to gai influence on behalf of their clients (when legislation affects their interests)
- An extension of members of the public’s ability to lobby their MPs, unease as its legitimacy, as many dislike that influence can be bought by wealthy people or organisations
- MPs accepting money for agreeing to represent a viewpoint is banned but undercover journalists have exposed MPs who have accepted deals to do so, ‘cash for access’ scandals
- 2014 gov. made it a legal requirement for lobbyists on behalf of a 3rd party to register their activities i.e discussing policy but some call for greater transparency as the system is expected largely to regulate itself
- Employs 4,000 with £2 billion spent yearly but David Cameron denied its influence in gov. policy
Corporations – the role of large businesses/ corporations as a source of concern for pro-democracy campaigners
- ‘revolving door’ process, senior politicians and officials take well paid jobs in private sector after leaving gov. using contacts and knowledge of gov. to benefit interests of corporations
- Business leaders also have taken positions in appointment to HOL i.e Lord Sugar
- i.e 2016 during a social event at the conserv. party conference attended by business secretary Greg Clark, it was reported the British Soft Drinks Association had expressed their opposition to the planned tax on sugary drinks
Development of rights – liberty, privacy, freedom of consciousness and expression etc.
o 1215 Magna Carta (regarded as the oldest statement of rights in the UK, purpose was to limit royal power, established the right to a free trial by jury)
o 1950 European Convention on Human Rights (drawn in the aftermath of violations from WW2, EU court of HR set up to hear cases where rights had been infringed in their countries, costly and time consuming)
o 1998 Human Rights Act (brought ECHR convention into British law, rights could now be defended in UK courts without having to go to EU court)
o 2010 Equality Act (brought together nine previous anti-discrimination legislation, made it illegal for public bodies and employers to discriminate on any grounds in the workplace or in wider society)
Implications of HRA 1998;
o Judges must read and give effect to other laws in a way which is compatible with the convention, unlawful for a public authority to act in a way which infringes any rights
- Abu Qatada (right to fair trial which isn’t using evidence obtained by torture, gov. action thwarted by HRA as legal advisors able to fight deportation for 8 years until it was promised tainted evidence wouldn’t be used)
- Gary Mckinnon (meant to be extradited to US due to accessing gov. computers, was blocked by foreign secretary T.May as his extradition would risk life due to his mental illness, would be incompatible with HRA, his legal battle lasted 10 years since 2002)
- Madonna and Guy Richie (right to privacy 2004 disregarded by Countryside and Rights of Way Act which meant walkers could go on their estate)
o Protects most vulnerable, confirms innocent is innocent and challenges injustices in UK courts
o Isn’t entrenched, parliament has the option to repeal by the legislative process in parliament upholding sovereignty, flaws also mean HRA can be exploited by murderers, terrorists and criminals to escape extradition and deserved punishment
__Yes, rights protected;__o Judicial reviews enable scrutiny of gov. legality, way of protecting citizen rights, a check on legislation to make sure it complies with HRAo Increase in judicial reviews i.e 4,240 in 2000 to 15,600 in 2015, successes include high court ruling 2008 to allow Gurkha soldiers to live in the UKo Due to public and parliamentary opposition, gov 2005 proposals to extend the period an uncharged terror suspect could be held from 14 to 90 days, defeated in commons | __No, rights not protected;__o Judges cannot force legally parliament to make changes in its legislation if it infringes the HRAo Judicial reviews place too much power in the hands of unelected, unaccountable judgeso Human rights can be seen eroded in times of heightened security concerns as the gov. and public tend to put safety of society above the individual i.e post 9/11 when ministers claimed they could hold foreign terror suspects indefinitely on the grounds of national emergency in 2001 |
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