A Level Politics - Comparing Civil Rights - Civil Rights Protection

UK vs. USA: A Comparative Study of Civil Rights Protection
I. Constitutional Frameworks & Legal Protection:

• USA: Civil liberties and rights are enshrined in the US Constitution, primarily the Bill of Rights. These are entrenched, meaning they can only be altered through a formal amendment process. This provides a high degree of protection.
• UK: The UK has a flexible constitution, meaning civil liberties and rights aren't as firmly entrenched. Protection comes from the Human Rights Act 1998 (HRA), which incorporates the European Convention on Human Rights (ECHR).
• ECHR & ECtHR: The ECHR is a crucial element for both the UK and other signatory countries. Citizens can appeal to the European Court of Human Rights (ECtHR) in Strasbourg if they believe their rights (as defined by the ECHR) have been violated, even after a ruling by the UK Supreme Court.

II. Legislative Protection:
Both countries have passed significant legislation to protect citizens' rights:

• USA: The Civil Rights Act of 1964 is a landmark example. It outlawed racial discrimination in voting (e.g., eliminating literacy tests) and other areas.
• UK: The Equality Act 2010 consolidates numerous previous laws (e.g., Equal Pay Act 1970, Sex Discrimination Act 1975, Race Relations Act 1976, Disability Discrimination Act 1995) into a single comprehensive piece of legislation.

III. The Role of the Judiciary:

• Both the US and UK have independent judiciaries intended to protect citizens' rights against government overreach. The principle of the rule of law generally applies. However, systemic injustices (particularly for Black communities) exist in both nations' police and judicial systems.
• Key Differences in Judicial Power: The US Supreme Court has significantly more power than the UK Supreme Court:
  • Judicial Review: The US Supreme Court can strike down legislation deemed unconstitutional. The UK Supreme Court can only declare legislation incompatible with the HRA, referring the matter back to Parliament for reconsideration. Parliament retains ultimate authority.
  • Interpretative Power: US Supreme Court rulings effectively act as "interpretative amendments," shaping the meaning and application of the Constitution over time. The UK Supreme Court's interpretative role is narrower.

IV. Study Tips & Key Concepts:

• Entrenched vs. Flexible Constitutions: Understand the difference in how rights are protected and the implications for amending or changing them.
• Judicial Review: Grasp the different powers of judicial review held by the US Supreme Court and the UK Supreme Court.
• HRA vs. Bill of Rights: Compare and contrast these foundational documents and their impact on civil liberties and rights.
• Equality Act 2010 & Civil Rights Act 1964: Know the key provisions and historical context of these landmark laws.
• ECtHR: Understand its role as a court of last resort for those who feel their rights under the ECHR have been violated.
• Systemic Injustice: Acknowledge and analyze the ongoing challenges to racial equality within both the US and UK legal systems.

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