AQA A-Level Politics 7152
The Nature and Sources of the British Constitution
The Structure and Role of Parliament
The Prime Minister and Cabinet
The UK Judiciary
Devolution
Democracy and Participation
Elections and Referendums
Political Parties in the UK
Pressure Groups in the UK
The UK and the European Union
The Constitutional Framework of US Government
Congress
The US Presidency
The US Supreme Court
US Elections and Direct Democracy
Political Parties in the USA
Pressure Groups in the USA
Civil Rights in the USA
Comparative Politics: Theoretical Approaches
Constitutions and Legislatures Compared
The Executives Compared
The Judiciaries Compared
Electoral and Party Systems Compared
Pressure Groups Compared
Civil Rights Compared
Liberalism
Conservatism
Socialism
NationalismIdeology
FeminismIdeology
MulticulturalismIdeology
AnarchismIdeology
Civil Rights Compared
How Rights Are Protected in Each Country
- 4 things to know
- Paper 2
Overview
Recall questions on what rights protection rests on, the principal instrument in each, what each highest court can do and the effect of parliamentary sovereignty.
What you need to know
Answer each one before you reveal it.
A government wishes to restrict the right to protest. How does the position differ in each country?
How far do civil rights campaigns in the UK and the USA use the same methods?
What instrument protects rights in the USA, what can its Court do, and why are UK statutory rights weaker?
Questions from this subtopic
Each one with the model answer underneath.
- 1
On what does rights protection ultimately rest in each country?
Model answer
US rights are entrenched in a codified constitution and enforceable by the courts, while UK rights rest mainly on common law and on statutes that Parliament can amend or repeal.
- 2
Name the principal rights instrument in each country.
Model answer
In the USA it is the Bill of Rights together with later amendments to the constitution, and in the UK it is the Human Rights Act 1998, which incorporates the European Convention on Human Rights.
- 3
What can each country's highest court do when a law breaches rights?
Model answer
The US Supreme Court can strike the law down as unconstitutional, while a UK court can only issue a declaration of incompatibility and leave the decision to Parliament.
- 4
Why does parliamentary sovereignty weaken rights protection compared with the US model?
Model answer
Any right created by statute can be narrowed or removed by a later Act, so no UK right is beyond the reach of a government with a majority.
- 5
A government wishes to restrict the right to protest. How does the position differ in each country?
Model answer
In the UK it can legislate and the courts must apply the Act, while in the USA the restriction would be tested against the First Amendment and could be struck down.
- 6
What is the main anti-discrimination legislation in each country?
Model answer
The US Civil Rights Act 1964 and Voting Rights Act 1965 outlawed discrimination and protected access to the vote, while comparable UK protections grew through race and sex discrimination statutes now consolidated in the Equality Act 2010.
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