Democracy and participation – Revision Plans Evaluate the extent to which the UK remains a genuine pluralist democracy Intro • A pluralist democracy is a form of democracy where governments make decisions because of the interaction between groups and organisations who have different ideas and contrasting arguments. • In a pluralist democracy power is said to be dispersed among different bodies and institutions, therefore if this essay can prove that power is concentrated in the hands of a particular few, then it can be concluded that the UK does not remain a genuine pluralist democracy. • In order to assess this question, we may need to assess, the nature of pressure groups in the UK, the potential weaknesses of the representative system. • This essay will argue that … Paragraph 1 – Representative democracy leads to an elitist version of democracy • emphasised particularly by the Westminster voting system which renders certain votes almost meaningless if they are in safe seats. • For example, in 2015, the candidate standing for the SDLP in South Belfast won the seat with only 24.5% of the vote – this means that 75.5% of those who turned out to vote in South Belfast are not represented by the person or party to which they were most closely aligned. • Problem is further reaffirmed by voter apathy due to reduced trust in politicians. Paragraph 2 – Pressure groups as either pluralist or elitist • A pressure group can be defined as a group that tries to influence public policy in the interest of a particular cause. • On one hand, pressure groups enhance rather than undermine democracy is through their wide and extensive membership. The classic example is that there are now more members of the RSPB (Royal Society for the Protection of Birds) than there are paid members of political parties. • Even if people feel that that there is no party that particularly represents their interests (something that seems to be increasingly the case given the UK’s class de-alignment in relation to political parties in the UK) they can usually identify with a pressure group and may participate in politics through pressure groups rather than through more traditional routes. Another upshot of this high membership of pressure groups is that it can give a weighting to the different items on the government’s mandate following an election, because different groups can express interest in particular areas e.g. UK Uncut’s pressure on the government to reduce the extremity of austerity cuts. • On the other hand, Elite groups enjoy frequent contact and consultation with Ministers, Civil Servants and Parliament. IPGs ordinarily consist of a small and limited number of members, most of which are hidden from the public eye. Example of this would be the BAA, BBA, CBI, NFU, BMA. Former Cameron advisor Steve Hilton has criticised the lack of democracy and corporate dominance over government and parliament. Insiders commonly have access to huge financial resources and legal expertise. Corporate donations to political parties- hedge funds estimated to have donated £47m in five years to the Conservative Party. Paragraph 3 – HoL • Unelected, unlike the upper chamber in the US, means that the average member of the HoL isn’t likely going to be in touch with the views and opinions of everyday British people • Furthermore, if we look to the Judiciary in 2018, Of the 32 judges to receive the nod by Judicial Appointments Commission (JAC), 24 attended either Cambridge or Oxford University — that’s 75%. Oxbridge bubble aside, just nine of the 32 new judges are women (28%) and just one is BME (3%). • Important as this very narrow demographic has significant influence in the UK, particularly in how we choose to interpret the law. Evaluate the view the UK is suffering from a participation crisis Intro • A participation crisis can be defined as a situation where a large proportion of the population do not engage with the political process, for example by not voting in • elections. Declining membership of political parties is another potential indicator of a participation crisis. This essay will argue that whilst it is obvious to see that Britain is suffering from some sort of problem, whether the word ‘crisis’ is entirely appropriate is something to be argued Paragraph 1 – Low Turnout • On one hand, it could be argued that Low turnout at elections evidences a participation crisis. • undermines the legitimacy of the result Turnout at the 2015 General Election was 66.1%, far below the high levels of the 1970s, where it reached 78.8% in 1974. • Of the 66.1% of the electorate that participated in 2015, only 36.9% voted for the Conservative Party. This means that the current Conservative majority Government was endorsed by just 24.4% of potential voters. • As a representative democracy, it is vital that turnout is high so that the resulting government can claim to have a legitimate mandate to enact the policies in their manifesto. The 2012 Police and Crime Commissioner elections had record low turnout, with an average of just 15%, undermining the notion of elected and accountable police officials • However – Low turnout has yet to lead to produce an actual ‘crisis ‘While general election turnout is lower than the highs of the 70s, it has been steadily increasing. Although only 61.4% of the electorate participated in 2005, this increased to 65.1% in 2010, and then 66.1% in 2015, and 2.5% higher in 2017. Many others might argue that the real crisis is to do with our electoral system. For politically active people living in safe seats, it could arguably make more sense to abstain and participate in other ways. Paragraph 2 – Referendums • Turnout has also been poor in many recent referendums, undermining the legitimacy of the results • It is often argued that referendums and initiatives could be a means to encourage political participation, as citizens might be more inclined to vote when they know that they can make their voice heard on a issue. However, many referendums have had turnout that is far below that of recent general elections. Only 34% of eligible voters participated in the 1998 referendum on whether to create a London mayor and London Assembly. Not only did only 50.1% of the Welsh electorate participate in for the 1997 Welsh Assembly referendum, but the ‘yes’ campaign won by the extremely narrow majority of 50.3%. Only a quarter of the electorate endorsed this substantial constitutional reform. • However, some referendums have attracted higher turnout, and further referendums have been requested • The 2014 Scottish independence referendum had turnout of 84.5%, reaching 90% in some areas, and even included 16 and 17-year-old voters for the first time, with around 75% participating. The 2016 EU referendum experienced 72% turnout, a record high for a UK-wide referendum, suggesting that the public does want the chance to have their say. Paragraph 3 – Party membership • • • • • Membership of parties has dropped as people have become less involved in formal politics In 2015, only 1.6% of the electorate was a member of the Labour, Conservative or Liberal Democrat parties (compared with 3.8% in 1983). The Conservative Party had around 400,000 members in the mid 1990’s, but this dropped to 150,000 by 2016. This suggests a sharp drop in trust and engagement, leaving the parties with fewer volunteers, a limited talent pool to draw candidates from, and an increasing reliance upon wealthy donors and pressure groups. However, this notion is undermined by the fact that memberships of the Labour Party, many third parties, and pressure groups, is now growing As of January 2018, Labour had 552,000 members. The SNP’s membership has grown from around 22,000 prior to the 2014 independence referendum, to over 120,000 by 2017. Furthermore, Green Party in 2013 had 13,800 members whereas in 2016 they had 55,000 members. This growth suggests that many people are politically engaged, and they are willing to participate when there are parties or groups that reflect their political views. Evaluate the view that representative democracy is superior to direct democracy Intro • Representative democracy is a form of democracy in which an individual selects a person (or political party) to act on their behalf to exercise political choice • Whereas, Direct democracy is a form of democracy in which all individuals express their opinions themselves and not through representatives acting on their behalf. An example of direct democracy is a referendum. • Although both systems have their respective advantages and disadvantages. This essay will argue that representative democracy is, indeed, superior to direct democracy. Paragraph 1 – Direct is superior – Reject • • • • • On one hand, it gives equal weight to all votes unlike a representative system where the varying sizes of constituencies mean that votes do not have equal value. Furthermore, this system of democracy encourages popular participation in politics by expecting people to take their duties as citizens seriously. It also develops a sense of community and encourages genuine debate as people are more inclined to politically educate themselves. However, it could be argued that this form of democracy is impractical in a large, heavily populated modern state where decision making is complicated. In addition to this, will of the majority is not mediated by parliamentary institutions, so minority viewpoints are disregarded. (Alexis de Tocqueville) – an example of this in effect can be seen in the outcome of the 2016 EU referendum, 48% of people voted to remain in the EU however, their views were disregarded in the eventual outcome. The marginal difference in percentage is particularly important in showing the flaws in this system of government. Paragraph 2 – Representative is inferior – Reject • However, some may argue that representative democracy is more unsuitable as it can lead to reduced participation as people choose to hand their responsibility to politicians. • Furthermore, representative democracy may have the same issues as direct democracy. Minorities may still find themselves underrepresented as politicians are more likely to follow the views of the majority to secure election. • Just like in forms of direct democracy the system is open to manipulation by articulate speakers who will persuade people to support them. • Nonetheless, Politicians are supposedly better informed than the average citizen about issues on which they must take a view. Paragraph 3 – Representative is superior – Accept • If we accept the conclusion that direct democracy is too weak to be used, we may have to assess the relative strengths of representative democracy. • One first advantage of this system is that elections allow people to hold representatives to account, this is particularly important as it incentivises politicians to engage in upstanding behaviour. • This advantage is emphasised by the Recall of MPs 2015, which allows a by-election if an MP is suspended or imprisoned for more than 21 days, if 10% of the electorate sign the petition. Evaluate the view that referendums create more problems than they solve Intro • A plebiscite or referendum is a form of direct democracy where the electorate votes on a specific issue, unlike an election where people vote for a representative. The question typically has a yes/no response. • There are 3 examples to date in the UK, 1975, 2011 and 2016 with the first and last concerning the UK’s EU membership and the 1975 vote concerning possible reforms to the parliamentary voting system. • Arguably, ref’s improve democracy & rectify issues, e.g. political participation and can gauge public opinion directly. • However, they may be problematic in the sense that they simplify complex issues, are thus can produce distorted results. • This essay will argue that although they are vulnerable to ill-informed voters, they’re a good tool for democracy, particularly as they are a good check on Executive power and are a good way to determine the legitimacy of constitutional changes. Paragraph 1 – Negative (Tyranny of the Majority) • Referendums are a majoritarian form of voting • Minorities lose out = ToM as described by Alexis de Tocqueville • • • • For example, in the 2016 EU referendum, the 48% that voted to remain may feel snubbed and unheard. The marginal difference in votes on a massively important issue reinforces the flaws of referendums too. Furthermore, if turnout is low like with AV (2011) 42% it may not give a clear indication of public opinion undermining the point. In the long run if referendums are extended to other areas, other than constitutional issues, less people may vote, e.g. what is happening in Switzerland. Paragraph 2 – Advantage (Promote participation) • However, challenging the conclusion reached in the above paragraph, could be argued that referendums do, in fact, enhance democracy. • Referendums are a form of direct democracy ad therefore voters have more responsibility • People are then encouraged to educate themselves politically • An example of this effect in action can be seen in the 2014 Scottish independence referendum where 85% of 18-24-year olds (and 75% of 16-17) voted. As opposed to 43% in the 2015 UK general election. • However, it could be argued that these numbers are since the SIR was a mater of identity for many people and thus inspired them to come out and vote, rather than the referendum itself causing people to vote. Paragraph 3 – Negative (Simplify complex issues) • Ends up being based on emotion like in 2016 – “immigrants taking our jobs” • Leads to unfavourable outcomes, as people don’t consider the long-term consequences • E.g. Brexit bus – ‘£350 million a week to the EU” which was false, and the real number was £100m less. • A referendum on Euthanasia for example would simplify a complicated issue down to a yes/no, may need to broaden the question to allow for more accurate results. Paragraph 4 – Advantage (Gov. more responsive) • Particularly advantageous between elections, which occur every 5 years as a result of the 2011 Fixed Term Parliament Act • Forces them to listen to public opinion, for example Brexit in 2016 • Thus, referendums can act as a check on Government, only public support provides the legitimacy to undergo significant change. • Otherwise, decisions are taken by ministers, civil servants and other powerful interest groups. • E.g. in the UK’s representative system if a gov. has a large majority decision can be made with ease without need for public support • For example, 2003 Blair w/ majority of over 140 took country to war with Iraq. Despite intensive protest. • • • This leads to other problems with democracy, like lower participation, as public are more suspicious of those in power. Burke’s trustee model or J.S. Mill’s education-based model indicate that referendums and direct democracy may be flawed. Both systems promote the idea that not all people have the experience or knowledge to make meaningful political decisions. Conc • If used with restraint they can improve democracy • If used without constraint it can counteract positive effects and lead to apathy • Could leave people unhappy and demanding do-overs. Assess various other measures, other than electoral reform, that have been suggested to improve democracy in the UK Intro • The word ‘Democracy’ means literally ‘rule by the people’. However, it is a broad and imprecise term. Democracy refers to political systems in which people are involved in decision-making in some way, either directly or indirectly. • The UK operates in a system of representative democracy whereby the electorate votes for politicians who exercise their authority on their behalf. • Methods other than electoral reform include making voting compulsory, lowering the voting age and making changes to the day/time period of election voting. Paragraph 1 – Making voting compulsory • Arguably by making voting compulsory, participation will improve and therefore so will democracy in the UK. This system has already been implemented in certain countries including Belgium and Australia where failure to turn up at the polling station attracts a small fine. • An advantage of this measure is that it may produce a parliament that is more representative of the population since everyone’s views may be considered. Furthermore, this more representative Parliament, would have a stronger mandate • In addition to this, it would force politicians to run better quality campaigns, and governments would have to frame their policies with the whole electorate in mind. As opposed to only campaigning to particular areas. • However, despite the potential advantages of this approach it could arguably be construed as undemocratic as it forces people to take part in something that should be a • matter of choice. Therefore, arguably undermining democracy as opposed to improving it. In addition to this, it arguably would not prevent politicians from focusing their campaigns on marginal seats and neglecting safe seas where the outcome is predictable. Paragraph 2 – Lowering the voting age to 16 • The Electorate in the UK currently excludes those below 18 but this is arguably undemocratic and unfair as it implies that the views of young people are worth less. • Therefore, in lowering the voting age to 16, democracy in the UK would be improved via increased participation. Furthermore, in theory, lowering the voting age to 16 would encourage young people to educate themselves politically thus having a similar positive effect as compulsory voting • Evidence of youth being willing to participate in politics can be seen clearly in the 2014 Scottish Independence Referendum where there was a 75% turnout among 16-17-year olds. • However, it is arguable that young people are not typically this politically engaged and the only reason for such a sudden spike is that it was an issue of national identity being voted upon. • Overall though I would argue removing individual’s choice of options cannot be said to increase democracy as it is taking power from the people. Paragraph 3 – Increased use of referendums • A form of direct democracy, meaning it involves individuals expressing their own opinions as opposed to voting for politicians who make political decisions on their behalf. • Only 3 nationwide referendums in the UK UK, 1975,2011 and 2016. • An advantage of this measure is that direct democracy encourages voters to have more responsibility. This potentially leads to increased turnout/participation and more politically educated people. • An example of this effect in action can be seen in the 2014 Scottish independence referendum where 85% of 18-24-year olds (and 75% of 16-17) voted. As opposed to 43% in the 2015 UK general election. • However, it could be argued that these numbers are since the SIR was a matter of identity for many people and thus inspired them to come out and vote, rather than the referendum itself causing people to vote. • Furthermore, if this measure is adopted and used regularly It could lead to voter apathy, in turn leading to reduced participation and therefore weakened democracy in the UK • As a result, I would argue, while it appears beneficial in practice, the complexities of the UK political system render this measure unacceptable. Paragraph 4 – changing the day/time of election voting • One element to the UK wide electoral system that may need reform would be the time individuals vote. • Instead of voting typically taking place on a Thursday, voting could be moved to a weekend date, or extended so that they take place over a series of days. • • • • In theory this would increase turnout levels as lower income families in classes C2 & DE who don’t normally have the freedom to choose when they miss work, would now be able to vote. Due to increased accessibility Typically, UK voter turnout barely reaches 50/60%, however, there are some exceptions like Brexit which had a 70% turnout. An alternative would be an increase in postal voting which can also increase accessibility for lower classes. However, in the 2004 European Parliament elections, where postal ballots were trialled, there was a reported increase in voter fraud. Evaluate how far the UK system of representative democracy remains in need of improvement Intro • Representative democracy, or indirect democracy, refers to the election of officials/lawmakers to represent the views of the electorate in parliament. In the UK, we elect our MPs, our MEPs, our local councillors, and in some parts of the country a Mayor (e.g. London). • There are several areas where arguably the UK system of representative democracy needs improvement for example, the electoral system, • This essay will argue that, while there are some flaws in the UK’s system of representative democracy Paragraph 1 – FPTP • Firstly, the First Past the Post electoral system for MPs means that smaller parties often gain little traction and cannot win enough votes to gain a seat in Parliament. Also means doesn’t necessarily allow everyone to be properly represented. • For example, in 2015, the candidate standing for the SDLP in South Belfast won the seat with only 24.5% of the vote – this means that 75.5% of those who turned out to vote in South Belfast are not represented by the person or party to which they were most closely aligned. • Many effectively wasted votes. • Not a new problem. In 1979 the Conservatives won 43.9% of the votes and 53.4% of the seats, compared with the 1983 result of 42.4% of the votes and a huge 61.1% of the seats, and then in 1992 winning 42.3% of the votes (i.e. hardly any different to 1983) but a huge change in the proportion of seats at 51.6%. • However, it is difficult to see how the electoral system could easily be changed. FPTP is the most common electoral system globally for legislatures chosen in a representative democracy. The British public rejected the proposal for an AV system in a 2011 referendum. Furthermore, alternative systems of more proportional representation (e.g. Germany’s) may worsen the UK’s democracy and result in uneasy coalitions which generate little meaningful policy thereby making representative democracy less effective and efficient. Paragraph 2 – Does it effectively hold representatives to account? • There are various reasons why representatives may not actually do what we expect them to. One reason is a lack of effective scrutiny, due to, perhaps, weak Opposition (i.e. discord and disagreement in the Labour party following Corbyn’s election as party leader), or overly theatrical Question Times that are about cheap shots and not true scrutiny of the government (although politicians are increasingly held in check by social media responses to their performance). • Therefore, the second broad way in which representative democracy could be improved would be to improve the accountability of represented officials and ensure that they represent the interests of the people who voted them into power. • However, the increasing professionalization of Select Committees (e.g. paying the Chair an amount equivalent to that of a Minister) has gone some way to improving scrutiny, as has the use of the FOI Act (implemented in 2000) by the media. For example, in the Telegraph’s investigation into the MP expenses scandal of 2009. • Furthermore, whilst some would argue that scrutiny is undermined because it can be quite difficult to remove a representative such as an MP from office until the next election. I would argue that the Recall of MPs Act 2015 goes some way to redressing this issue. If an MP is imprisoned or , a by-election can be held • although the introduction of this new legislation was not without its controversies – Labour MP Geraint Davies said that there was a risk of the process being misused by groups with a vested interest and this could actually undermine representative democracy. Paragraph 3 – Is Voter Turnout enough? • The turnout for General Elections is usually reasonably high compared with other elections, but this rate remains stubbornly below the level prior to 1997 i.e. 66.1% at the 2015 General Election, compared with 77.7% in 1992. • However, it should be acknowledged that turnout varies hugely depending on the type of election. For example, national turnout was just 31% in the 2012 local elections (although this hides large disparities between council wards), and 34.2% in the 2014 European elections for MEPs. • One way of improving turnout could be to make voting compulsory (as in Australia), but the downside is that some members of the electorate do not actually want to vote or would be happy to vote if only there was a candidate that they found appealing. Another method could be to change the voting day from Thursday or extending the voting period to being longer than one day in order to improve convenience of voting but this is difficult in practical terms due to polling stations often being in buildings that are needed for other purposes such as nurseries. • As a result, although imperfect, this appears to show that there are no feasible ways in which democracy can be improved. Conc • Clearly, the UK’s version of representative democracy is not perfect. However, it seems difficult to come up with ways in which it could be easily improved – efforts to enhance representative democracy are often unpopular with the electorate, or unnecessarily expensive / time-consuming. Maybe the increasing use of social media may help. Pressure groups Evaluate the factors that determine the success of pressure groups in the UK Intro • A pressure group is a collection of people who have the aim of changing or affecting government policy without ever trying to join the government, or who attempt to influence public opinion in one way or another. • It should be acknowledged that the definition of ‘success’ may differ depending on the pressure group. Some may simply want to raise awareness for their cause whereas others may want changes in government policy. • There are many factors that can determine pressure group success including Size, Wealth, Insider or Outsider status and public opinion • This essay will argue that while all the aforementioned factors do have a notable impact on overall pressure group success, X is the most important factor P1 - Size • Larger pressure groups can have a more significant impact on public opinion and force the government into acting on a matter. • This is since methods such as protest become more effective when there are larger groups of people • Snowdrop Campaign was largely backed and is an example of size, ostensibly, being the main determinant in pressure group success. • Size is also important for pressure groups in an operational sense, as larger pressure groups can raise more money through memberships and thus increase their exposure through advertising. • An example of this benefit can be seen in the fact that the RSPCA has over 1600 employees that keep it running efficiently, due to having such a large membership the RSPCA can keep its staff and keep running effectively. P2 – Wealth • Larger funds mean that the pressure group can improve its organization and act more effectively thus improving chances of success. Employees, advertising and offices all cost money. • RSPCA can produce effective advertising campaigns around Christmas that effectively spread their message to people • They are the number 1 animal welfare charity in the UK • Wealth arguably goes beyond factors like size as here are examples of smaller wealthy groups that are equally able to achieve success. For example, the Taxpayer’s Alliance who are prominent in promoting a low tax Britain • Depends on the aim of the organisation if they aim to change government policy insider v outsider may be more effective. P3 - Insider v. Outsider status • This factor exists outside of the groups own considerations as it depends on the government in power. • Insider groups have a close relationship and are sometimes consulted on legislation. Sometimes consulted because of expertise like the BMA • However, some are insiders because of their ideological persuasion for example certain think tanks irrespective of size or wealth are regularly consulted by the government due to their ability to provide policy suggestions. • BMA got a ban on smoking in cars with children in 2015, perhaps partially due to their insider status. P4 – Public opinion • Snowdrop campaign to ban handgun use in the UK was able to campaign more effectively when public opinion was on their side after the Dunblane massacre in 1996 (16 children dead). • Gurkha Justice campaign, helped by Joanna Lumley, exceptionally successful in allowing Gurkhas stay in the UK as a result of public backing • However, public opinion and support is not a given which is shown by the Stop the War Coalition march in 2003, despite this Labour continued to take Iraq to war. P5 – Tactics and leadership • RSPCA helped secure ban on hunting with dogs in 2004, by collaborating with the League Against Cruel Sports & International Fund for Animal Welfare. • Tactics can also include knowing access points that can be pressured for increased influence. • This essay plan may be used in case there is a question along the lines of – “Evaluate the view that X is the most important factor in determining pressure group success”, in which case put X as the first factor discussed. Evaluate the view that pressure groups in the UK undermine democracy Intro • A pressure group is a collection of people who have the aim of changing or affecting government policy without ever trying to join the government, or who attempt to influence public opinion in one way or another. • Whilst pressure groups may undermine the normal method of political participation in the UK’s representative democracy, their existence may strengthen pluralist democracy. • However, it should be noted that not all pressure groups are the same and thus whether pressure groups undermine democracy depend on the individual pressure group as they have different impacts depending on whether they are insider/outsider/sectional or causal. • Whilst some pressure groups certainly do lead to a more democratic outcome in the UK, others may do little to improve democracy because of elitism and an overly narrow focus resulting in “tyranny by the minority” • Despite this overall this essay will argue that pressure groups…. P1 – Undermine • They can concentrate power. This may mean that a restricted section of • society have an unfair advantage in a democracy. • For example, wealthy pressure groups may have an unfair advantage with the government. • They may force governments into acting on behalf of a minority and as a result the government may ignore the wider needs of society. • For example, pressure groups with powerful economic leverage such as the Trade Unions or CBI may force governments to act on their behalf. P2 – Enhance • On the other hand, it could be argued that pressure groups, in fact, enhance democracy as they encourage political participation amongst the electorate • The sheer number of pressure groups available for people to join in the UK, both Sectional and Causal, mean that there are a wide range of groups that an individual may identify with. • There are more members of the RSPB than there are paid members of political parties • This in turn may lead to increases in self education as people aim to become more politically aware to effectively campaign for/with their pressure group • However, it could be argued that pressure groups do undermine democracy as they encourage forms of participation that inherently undermine democracy • “civil disobedience” stunts which hit the news headlines e.g. the UK Cannabis Campaign’s Hyde Park “smoke out” in 2013, or Plane Stupid’s campaign to prevent a 3rd runway at Heathrow in which 13 campaigners shackled themselves together on the north runway in July 2015, or New Fathers 4 Justice members climbing respected buildings dressed as superheroes. • Arguably undermined democracy by breaking the law – law which has been passed by elected representatives in the House of Commons. P3 – Enhance • • • • • • Pressure groups force governments to remain accountable in-between elections and ensure they remain responsive As a result of the Fixed Term Parliament Act, general elections are held every 5 years. Without pressure groups constantly scrutinising government action and holding them to account, governments may become lazy and complacent For instance, many pressure groups campaigned against the abolition of the 10p rate of tax under Gordon Brown. This can also be beneficial for governments as they can use pressure groups as a gauge of public opinion, and thus maintain greater stability in the long run. This essay plan could also be used to answer a similar question along the lines of – “Evaluate the view that pressure groups encourage both responsive government and political participation” If Pressure groups cannot be said to do these things, then they may indeed undermine democracy. Evaluate the view that pressure groups concentrate rather than disperse power (Elitism v Pluralism) Intro • This question is essentially asking whether pressure groups in the UK are pluralist or elitist • • • Elitism is a belief that a small minority of people dominate the economic elite and policy-planning network of a country. The power they hold is not regulated and is independent of the state’s democratic election process. Pluralism, on the other hand, is a theory that political power is widely distributed in society, pressure groups thus act as agents to assist this distribution. This essay will argue that while pressure groups are seen to promote a form of functional representation and pluralism the fact that it is only a few select groups of pressure groups can succeed; therefore, it can be suggested that pressure groups Elitist and consequently concentrate power P1 • • • • • • Pressure groups aid pluralist democracy which rests upon the spread of power brought about by numerous pressure groups of opposing views or interests battling for ascendency. For example, issues from Age to race, seen in the groups Age UK and Operation Black Vote. This second group highlights another example of pressure group dispersing power among several people. Pressure groups provide a voice to minority groups who otherwise lack representation and power. The increasing use of e-democracy and social media has enabled pressure groups to spread awareness and power to a wider audience. An example of this can be seen in the 2011 Occupy movement which used social media to organise protest. This seems to indicate that the initial statement is false and that pressure groups truly do disperse power rather than concentrate it. This view is further reaffirmed in R. A. Dahls work “who governs” in 1961 which emphasised that one group does not dominate politics. P2 • • • • On the other hand, pressure groups arguably concentrate power in the sense that they concentrate access to information. Pressure groups possess unequal power and an elite model of power distribution is thus a more accurate reflection of their status An example of this can be seen in the fact that insider pressure groups are consulted by the government, like the CBI being consulted regarding the national living wage. In addition to this, BMA is consulted on Junior doctors’ contracts. Moreover, wealthy pressure groups can dominate, like the British Banking Association who in 2008 were able to use their influence as leverage forcing the government to negotiate with them. Government was afraid BBA could get British banks to leave P3 • A wide diversity in competitive pressure groups will see power being distributed, especially where pressure groups have equal access and thus equal power potential. This • • • • can be seen in competitive groups who have political power and influence such as the pro and anti-abortion groups and trade unions and employer organizations. However, only few Pressure groups succeed, more fail than succeed. Those that do succeed often have insider status, wealth and limited opposition like the CBI, BBA and NFU. This may be due to the difference in the extent of opposition that some pressure groups face. For example, The NSPCC could arguably be defined as a pressure group with no limiting opposition. Therefore, it is better able to flourish than a group say UK UNCUT that has big and powerful opposition such as the BBA. UK Uncut is a network of United Kingdom-based protest groups established in October 2010 to protest against cuts to public services and tax avoidance in the UK. Evaluate the view that judges, rather than politicians, are better able to protect and defend rights in the UK Intro • Human rights, or natural rights, are rights that individuals are naturally entitled to. These rights are absolute, universal and fundamental. They also form the basis of individual protection against government intrusion. • • The main protection citizens have against Gov. intrusion are their individual rights and thus it is important that they are upheld When considering who is more able to protect rights in the UK we must consider several issues including • • The independence of the Judiciary, The Representative nature of Parliament, the importance of Judicial review and the history of both institutions. This essay will show that…. Is more able to protect the rights of people in the UK. P1 – Parliament – Representative • Democratically elected = accountable • Parliament is more representative of the people and is better able to reflect the values of society and understand different individuals • Judiciary on the other hand is unrepresentative as it is Unelected and at high levels, Judiciary only represents a narrow socio-economic demographic (Only 3 women on the SC and over half went to Oxbridge). = less aware of issues • However, Parliament is also arguably unrepresentative as in the HoL only 32% are women and the upper chamber (HoL) is unelected. P2 – Judiciary - Independent and Neutral • Enhanced measures for Judicial independence have meant the Judiciary is indep. of the other 2 branches & can defend rights based on law without political pressure. • Judges won’t make decisions based on short term political considerations as politicians in parliament might. • Judicial Appointments Commission = appoint Judges without intervention • Judges salaries paid out of Consolidated fund without possibility of manipulation. • BUT, Senior judges work with parliament to advise on legislation = undermine indep. P3 – Parliament – History • Parliament has introduced and passed all Acts relating to HR, so it has a history of being the institution to protect Civil liberties • But, obviously doesn’t determine future • AND there were issues where they failed including the Belmarsh Case, government were prepared to undermine core civil liberties in the name of a political agenda (anti-terrorist) • Moreover, Parliament has the ability to suspend the HRA to achieve its aims and could repeal if needed. P4 – Judiciary – Judicial Review • Judges exercise their rule of law and can use the HRA and their power of judicial review to ensure rights are respected • Judicial review can be defined as a process by which a particular action undertaken by the legislature or executive branches of government are held to account by the Judiciary • 11,200 Judicial review cases in 2011 alone • For example, the HS2 Compensation case • However, the lack of a codified constitution means the Judiciary cannot strike down primary legislation, they can only advise = bad at defending rights? Conc • Although there is evidence that Parliament and politicians are somewhat effective in upholding citizens rights, I would argue that the Judiciary is more suited to this area. With Parliament MPs may be reluctant to champion the case of HR if it benefits and unpopular element of society. • Furthermore, Parliament is normally dominated by the government which means that a ToM Could ensue undermining the effectiveness of Parliament in upholding rights if it doesn’t suit the current government’s needs. Evaluate the extent to which rights are effectively protected in the UK Intro • Human rights, or natural rights, are rights that individuals are naturally entitled to. These rights are absolute, universal and fundamental. They also form the basis of individual protection against government intrusion. • Therefore, it is important that they are protected effectively • In order to effectively answer this question, we must assess several different areas in which rights are arguably protected or left unprotected in the UK. These areas include the Judiciary, Parliament, HRA and the FOIA. • This essay will argue that… P1 – Judiciary • the part of a country's government that is responsible for its legal system and which consists of all the judges in the country's courts of law. • Enhanced measures of Judicial Independence = more independent from the other 2 branches of government and can thus defend rights without political pressure • An example of this, can be seen in the fact that Judges salaries are paid out of the Independent budget (Consolidated fund) without possibility of manipulation • High Court judges are on a salary of £185,197 (Outer House) and £210,876 (Inner House) a year (April 2018). • • • Furthermore, Judges are relatively neutral by nature and this can protect a person’s rights without discrimination = more effective. Judges must recuse themselves from cases involving friends and family. HOWEVER, due to the UK’s uncodified cons, Judiciary can’t strike down primary legislation even if there’s an abuse of HR, they are powerless if it is enshrined in primary legislation. Furthermore, while technically independent senior judges work with parliament to advise on the legality of legislation = role in legislation creation = undermine independence and neutrality. P2 – Parliament • In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government. • Parliament is meant to be representative of the people and thus can reflect the values of society and is = open to more HR issues from many backgrounds. • MP’s represent constituents and can raise issues of citizens’ rights with ministers if they are violated. • BUT, Short term political considerations may be more important than defending HR. e.g. Belmarsh Case, Gov. prepared to undermine Civil liberties to protect anti-terrorist legislation. = highlights how MPs may be reluctant to champion HR if makes them unpopular. • Furthermore, Parliament usually dominated by governing party leading to ToM and poor checking of Gov. for HR violations. • Example can be seen in Blairs 1997 Government which held a majority of over 170. • However, parliament has a history of being an institution that defends HR. P3 – HRA • The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights. • Legislation has to comply with HRA • Example of effectiveness can be seen in 2004, when a law that prevented a gay partner from inheriting a council flat was struck down under the HRA. • Strong legal protection for core civil and political rights via HRA • Citizens can access rights through UK courts • BUT, Act isn’t entrenched and thus can be replaced unlike the US Bill of Rights (1791). • Act cannot overturn primary legislation in parliament P4 – FOIA (2000) • Aimed at improving democracy in Public bodies, Requests can be made to see information that relates to any public body. • • • Effective check on parliament as it prevents Gov. from following through with actions that undermine HR. BUT, Gov can reject a request on the grounds that it is not in public interest. For example, Blair and Bush letters requested by Chilcot Inquiry was denied. P5 – Pressure groups (Extra) • A pressure group can be defined as an organisation with shared aims which seeks to influence policy through political means, without seeking political office itself. • Contemporary pressure groups upholding rights in the UK • Liberty, formerly called the National Council for Civil Liberties (NCCL), is an advocacy group and membership organisation based in the United Kingdom, which campaigns to challenge injustice, protect civil liberties and promote human rights • Immediately following the 2015 General Election result, Liberty launched a campaign to save the Human Rights Act. The Conservative Party – which had won a majority – had included a pledge in its manifesto to repeal the Act. Liberty called this "a knowing attempt by Government ministers to hand itself the right to end the universality of human rights and choose when and to whom they apply" • Furthermore, In regards to the issue of equal pensions for same-sex couples, Liberty represented John Walker in a legal challenge to a loophole in the Equality Act which let employers exempt same-sex spouses from spousal pension benefits. Upon retirement from Innospec, John discovered his husband would only receive a few hundred pounds a year. If he were married to a woman, she would have received around £45,000. • In July 2017, the Supreme Court found the loophole unlawful under EU law • • • • • • CONC Fawcett group campaigns for equal rights protection especially in areas of law enforcement. Key player in lobbying for the Equal Pay Act and Sex Discrimination Act Secured the Sex Discrimination (Amendment) Act in 2002, permitting the use of allwomen shortlists for political parties selecting candidates, and ensuring greater representation of women in politics Campaigned alongside MPs, the British Pregnancy Advisory Service, FPA and Amnesty International UK to successfully lobby the Government to provide funding for Northern Irish women to have access to NHS abortions in England Unlock Democracy is a British pressure group, based in London. The organisation campaigns for a more participatory democracy in Britain, founded upon a written constitution. Unlock Democracy works to promote democratic reform across the political spectrum and is not aligned with any political party. Part of the Repeal Bill Alliance which has been working collectively to improve the EU Withdrawal Act to ensure fundamental rights are protected as we exit the EU. • In conclusion although I can see why some may choose to believe that Human rights are not fully and effectively protected in the UK. I would argue generally speaking that rights in the UK are protected to the best ability that they can be. • This essay plan could also be moulded to fit a title such as “Evaluate the view that citizens in the UK can no longer feel confident that their rights are secure and established” Conflicts between individual and collective rights • Freedom of expression may conflict with the rights of religious groups not to have their beliefs satirised or questioned. • Right to privacy may conflict with the right of the community to be protected from terrorism by security services which may listen in on private communications • Right to press freedom may conflict with the right of public figures to keep their private lives private, this conflict was exemplified in the case where F1 Head Max Mosely, sued the news of the world for publishing a story about his sex life • Right to demonstrate in public places and thus cause disruption may conflict with the right of the community to their own freedom of movement • Right to strike in pursuit of pay and employment rights may conflict with the right of the community to expect good service from public servants who are paid from taxation.