17.2.10
Civil Rights
Protecting Civil Rights
Protecting Civil Rights
In the US, the rights are protected by the Constitution and amendments, laws and the Supreme Court. In the UK, rights are protected by parliament legislation, the Human Rights Act and upheld by the judiciary.
US protecting rights 1
US protecting rights 1
- In the US rights are protected by the US Bill of Rights.
- This contains the first 10 amendments to the US Constitution, including:
- The First Amendment freedom of religion and speech
- The Second Amendment right to bear arms
- The Fifth Amendment right to life, liberty and property.
US protecting rights 2
US protecting rights 2
- Rights are protected by more recent amendments such as the 19th which gave women the right to vote and the 26th which lowered the voting age from 21 to 18.
- Laws passed by Congress have protected rights, including the Voting Rights Act (1965) and the Lilly Ledbetter Fair Pay Act (2009).
- The Supreme Court protects rights by ruling based on constitutional rights and has established new rights through its rulings.
UK protecting rights
UK protecting rights
- The judiciary protects the rights and liberties of UK citizens through the use of judicial review, precedent from past rulings, upholding the Human Rights Act and judicial inquiries.
- The Human Rights Act (1998), which incorporated the European Convention on Human rights into UK law, can be used by the Supreme Court to protect rights.
- The Act includes freedoms such as the right to life and a fair trial.
- Parliament passes legislation which establishes the rights of citizens.
US Effectively Protecting Civil Rights
US Effectively Protecting Civil Rights
The extent to which civil rights are effectively protected in the US and UK can be debated.
US rights: women
US rights: women
- A woman’s right to have an abortion has been ruled on under the 14th Amendment.
- The 1973 Roe v Wade case ruled in favour of the right to abortion.
- The 2007 Gonzales v Carhart case ruled to ban a specific abortion procedure in later abortions which limited how effectively this right has been protected.
US rights: affirmative action
US rights: affirmative action
- Affirmative action protects the rights of minorities by giving them access to areas of employment and education.
- By advantaging certain minority groups, other citizens view their rights as not being protected.
- The 2003 Gratz v Bollinger ruled that Michigan University’s admissions procedure was unconstitutional because it admitted nearly all underrepresented minorities.
- The 2016 Fisher v University of Texas case ruled that universities can take race and ethnicity into account in their admissions process.
More US rights
More US rights
- The rights of racial minorities, those with disabilities and women are more effectively protected than they used to be.
- The 1965 Voting Rights Act gave racial minorities the right to vote and this has been effectively upheld recently through the re-authorisation of the act under President George W. Bush.
More US rights
More US rights
- Supreme Court rulings have protected other rights such as the 1st Amendment right to freedom of religion.
- In the 2014 Town of Greece v Galloway case, the Court ruled that city and town councils could start meetings with prayers.
UK Effectively Protecting Civil Rights
UK Effectively Protecting Civil Rights
The extent to which civil rights are effectively protected in the US and UK can be debated.
Judiciary 1
Judiciary 1
- In the UK, the judiciary effectively protects rights through its rulings.
- The Supreme Court can rule against government laws and decisions if they are incompatible with the protection of rights which are in the European Convention on Human Rights.
- In 2015 the Supreme Court upheld a freedom of information request, which the government opposed, to publish Prince Charles’ letters to government ministers.
Judiciary 2
Judiciary 2
- The Supreme Court has judicial review power where it can rules ministers as acting ultra vires.
- For example, it ruled Chris Grayling as acting ultra vires in 2016 after he introduced a “residence test” to the Legal Aid Act in 2012.
Parliament
Parliament
- Parliament has effectively protected rights through passing laws including the Equal Pay Act (1970) and the Freedom of Information Act (2000).
- The Equality Act (2010) effectively protected anti-discrimination legislation into a single law to protect the rights of racial minorities and rights based on disability, sexuality and gender.
Entrenched
Entrenched
- In the UK rights are less effectively protected because they are not entrenched and can be replaced by new legislation. This differs from the US where rights are entrenched in the constitution and need amendments to be changed.
- In 2015 the Conservative government announced plans to replace the Human Rights Act with a British Bill of rights when the UK leaves the EU.
1Democracy & Participation
1.1Representative & Direct Democracy
1.2Wider Franchise & Suffrage
1.3Pressure Groups & Other Influences
2Political Parties
2.1How Political Parties Work
2.2Established Political Parties
2.3Emerging & Minor Political Parties
3Electoral Systems
3.1Different Electoral Systems
3.2Referendums & How They Are Used
4Voting Behaviour & the Media
5Conservatism
5.1Conservatism: Core Ideas & Principles
5.2Conservatism: Differing Views & Tensions
6Liberalism
6.1Liberalism: Core Ideas & Principles
6.2Differing Views And Tensions Within Liberalism
7Socialism
7.1Socialism: Core Ideas & Principles
7.2Differing Views And Tensions Within Socialism
8The UK Constitution
8.1Nature & Sources of UK Constitution
8.2Constitutional Change since 1997
8.3Role & Powers of Devolved UK Bodies
9The UK Parliament
9.1Houses of Parliament
9.2Comparative Powers
9.3Legislative Process
10The Prime Minister & the Executive
10.1The Executive
10.2Ministerial Responsibility
10.3Prime Minister & the Cabinet
10.3.1Role of the Prime Minister
10.3.2Prime Minister's Powers
10.3.3Limits on the Prime Minister's Powers
10.3.4Role of the Cabinet
10.3.5Prime Minister & Cabinet: Relations
10.3.6Prime Minister & Cabinet: Balance of Power
10.3.7Prime Minister & Cabinet: Case Studies
10.3.8End of Topic Test - PM & Cabinet
10.3.9Top Grade AO3/4 - PM & Cabinet
11Relationships Between Government Branches
11.1The Supreme Court
11.2Parliament & Executive Relations
11.3The European Union & the UK
11.4Sovereignty in the UK Political System
12US Constitution & Federalism
12.1Nature of the US Constitution
12.2Principles of the US Constitution
12.3Federalism
13US Congress
13.1Structure of Congress
13.2Functions of Congress
14US Presidency
14.1Presidential Power
14.2The Presidency
14.3Interpretations & Debates of the US Presidency
15US Supreme Court & Civil Rights
15.1Nature & Role of Supreme Court
15.2Supreme Court Appointment Process
15.3The Supreme Court & Public Policy
15.4Protection of Civil Liberties & Rights
15.5Debates & Interpretations of the Supreme Court
16US Democracy & Participation
16.1Presidential Elections
16.2Electoral College
16.3Electoral Campaigns
16.4Incumbency
16.5Democrats & Republicans
16.6Internal Conflict & Ideology
16.7Support & Demographics
17Comparing Democracies
17.1Theoretical Approaches
17.2UK & USA Similarities & Differences
17.2.1Constitution: Nature
17.2.2Constitution: Provisions & Principles
17.2.3Federal System & Devolution
17.2.4Legislative: Lower Houses of Government
17.2.5Legislative: Upper Houses of Government
17.2.6Legislative: Powers & Functions
17.2.7Executive
17.2.8Supreme Court
17.2.9Supreme Court: Judicial Independence
17.2.10Civil Rights
17.2.11Civil Rights: Interest Groups
17.2.12Party Systems & Parties
17.2.13Campaign Finance & Pressure Groups
17.2.14End of Topic Test - Comparing UK & US
17.2.15Application Questions - UK & USA
18Feminism
18.1Feminism: Core Ideas & Principles
18.2Different Types of Feminism
19Nationalism
19.1Nationalism: Core Ideas & Principles
19.2Different Types of Nationalism
Jump to other topics
1Democracy & Participation
1.1Representative & Direct Democracy
1.2Wider Franchise & Suffrage
1.3Pressure Groups & Other Influences
2Political Parties
2.1How Political Parties Work
2.2Established Political Parties
2.3Emerging & Minor Political Parties
3Electoral Systems
3.1Different Electoral Systems
3.2Referendums & How They Are Used
4Voting Behaviour & the Media
5Conservatism
5.1Conservatism: Core Ideas & Principles
5.2Conservatism: Differing Views & Tensions
6Liberalism
6.1Liberalism: Core Ideas & Principles
6.2Differing Views And Tensions Within Liberalism
7Socialism
7.1Socialism: Core Ideas & Principles
7.2Differing Views And Tensions Within Socialism
8The UK Constitution
8.1Nature & Sources of UK Constitution
8.2Constitutional Change since 1997
8.3Role & Powers of Devolved UK Bodies
9The UK Parliament
9.1Houses of Parliament
9.2Comparative Powers
9.3Legislative Process
10The Prime Minister & the Executive
10.1The Executive
10.2Ministerial Responsibility
10.3Prime Minister & the Cabinet
10.3.1Role of the Prime Minister
10.3.2Prime Minister's Powers
10.3.3Limits on the Prime Minister's Powers
10.3.4Role of the Cabinet
10.3.5Prime Minister & Cabinet: Relations
10.3.6Prime Minister & Cabinet: Balance of Power
10.3.7Prime Minister & Cabinet: Case Studies
10.3.8End of Topic Test - PM & Cabinet
10.3.9Top Grade AO3/4 - PM & Cabinet
11Relationships Between Government Branches
11.1The Supreme Court
11.2Parliament & Executive Relations
11.3The European Union & the UK
11.4Sovereignty in the UK Political System
12US Constitution & Federalism
12.1Nature of the US Constitution
12.2Principles of the US Constitution
12.3Federalism
13US Congress
13.1Structure of Congress
13.2Functions of Congress
14US Presidency
14.1Presidential Power
14.2The Presidency
14.3Interpretations & Debates of the US Presidency
15US Supreme Court & Civil Rights
15.1Nature & Role of Supreme Court
15.2Supreme Court Appointment Process
15.3The Supreme Court & Public Policy
15.4Protection of Civil Liberties & Rights
15.5Debates & Interpretations of the Supreme Court
16US Democracy & Participation
16.1Presidential Elections
16.2Electoral College
16.3Electoral Campaigns
16.4Incumbency
16.5Democrats & Republicans
16.6Internal Conflict & Ideology
16.7Support & Demographics
17Comparing Democracies
17.1Theoretical Approaches
17.2UK & USA Similarities & Differences
17.2.1Constitution: Nature
17.2.2Constitution: Provisions & Principles
17.2.3Federal System & Devolution
17.2.4Legislative: Lower Houses of Government
17.2.5Legislative: Upper Houses of Government
17.2.6Legislative: Powers & Functions
17.2.7Executive
17.2.8Supreme Court
17.2.9Supreme Court: Judicial Independence
17.2.10Civil Rights
17.2.11Civil Rights: Interest Groups
17.2.12Party Systems & Parties
17.2.13Campaign Finance & Pressure Groups
17.2.14End of Topic Test - Comparing UK & US
17.2.15Application Questions - UK & USA
18Feminism
18.1Feminism: Core Ideas & Principles
18.2Different Types of Feminism
19Nationalism
19.1Nationalism: Core Ideas & Principles
19.2Different Types of Nationalism
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