Politics unit 2

• Citizenship


  Being a British citizen means you can live and work in the UK free of any immigration controls
• British Nationality Act 1981 applies to


  • Citizens
  • Overseas territories citizens
  • Overseas citizens
  • Subjects
• Not covered by BNA 1981


  • British protected persons
  • British nationals (overseas)
• British overseas (territories) citizens, subjects, protected persons, and nationals


  Can hold a British passport and get consular assistance and protection from UK diplomatic posts but are subjects to immigration controls (no automatic right to live/work in the UK) and are not considered a UN National by EU
• Rights of citizens


  • Legal: Right to speak freely, Freedom to hold religious values, Fair trial, Own property
  • Social: Access to National Health Service, Free education (up to 18), Work, Taxes
  • Moral: Ethical dimension, Treating others well
  • Political: Voting, Join party, Standing for election
• Responsibilities of citizens


  • Paying taxes, Voting in elections, Obeying the law, Doing jury service, Respecting the rights of other citizens, Active citizenship
• Active citizen


  A citizen exercising their rights and responsibilities as a citizen, e.g., voting, paying taxes. Can also refer to perceived responsibility of a citizen to contribute to wider society e.g., in local community, volunteering for charity
• Passive citizenship


  Not fulfilling your citizenship duties e.g., voting
• Globalism


  Various patterns of meaning beyond merely international
• Global citizenship


  We are all individuals that want the same things in life, Do not see people by their nationality, Members of the Human Race - not only a nation, All helping/tackling global issues
• Qualities of a global citizen

  • Curiosity - "beginners mind", Ability to see beyond judgement – separate yourself from judgement, Compassion, Be who you truly are, Passive, Focus on active citizenship
• Human rights


  Combination of civil rights and liberties, Absolute - Can't be compromised or diminished, Universal - Applied to everyone, Fundamental - Essential part of life
• Civil rights


  Rights guaranteed by the state
• Civil liberty


  Protections citizens have against the state
• The Human Rights Act 1998


  Act of parliament which came into force 2nd October 2000, Aim - Incorporate into UK law the rights contained in the European Convention on Human Rights
• Some Conservatives want to replace HRA 1998 with British Bill of Rights
• After Brexit, ECHR still applies in Britain – Key rights of ECHR are covered by HRA
• The Universal Declaration on Human Rights (1948) UDHR


  The articles detailing writes that all human being should expect- not intended as law but the foundation of national laws
• The Human Rights Act (1998)


  The rights that all UK citizens are entitled to by incorporating the ECHR into UK law forcing public bodies (for example, courts) to protect rights and ensuring the parliament passes laws that are compatible with human rights education
• The European Convention on HR

  13 articles with amended protocols established with international treaty and supported by the European Court of Human Rights. It is not a part of the EU and therefore not reliant on EU membership. UK courts to approve the ECHR
• The UK Supreme Court


  The final Court of Appeal within the UK arbiter and protector of human rights, the right to judicial review gives its strength
• Domestic Law


  • The range of Acts of Parliament that protects rights
• Convention


  The natural law, traditions and customs that underpins our society
• Specific acts


  • The Children Act 2004
  • The Criminal Justice Act 1996
  • The Scotland Act 1998
• The rule of law

  States that nobody is above the law which treats everybody equally and impartially
• Key principles of the rule of law

  • Accountability, Just law – Open, clear, publicized and applied evenly, Open government - Processes of creating and enforcing laws should be accessible and fair, Accessible and impartial justice - Timely by competent judges
• Examples of the rule of law

  • traffic laws, tax enforcement, Environmental Protection
• Constraint of Government Powers

  Government powers are limited to what is acceptable under the law. The government is not above the law
• Forms of corruption


  • Bribery, improper public influence/private interest, and misappropriation of public funds
• Open government


  The extent to which the government shares information, measures publication of basic laws and information of legal rights. Empowers people with tools to hold government accountable
• Fundamental rights


  Human Rights; focuses on relatively modest menu of rights under the UN, Universal Declaration of Human Rights, closely related to the rule of law concerns
• Order and Security


  Measures how well society ensures the security of persons and property. Precondition for realization of rights and freedom that advances seeked by rule of law
• Regulatory Enforcement


  Regulations are fairly and effectively implemental and enforced. Structured behaviours in and out of government
• Civil Justice


  Whether ordinary people can resolve their grievances peacefully and effectively through the justice system
• Criminal Justice


  Countries criminal justice system - effective and rule of law. Entire system - Police, lawyers, prosecutors, judges, and prison officers. Conventional mechanism to redress grievances and bring action to offences
• Arguments for a British Bill of Rights

  • A Bill of Rights provides secured rights within the Constitution, The Bill of Rights enables new and additional rights to be added, A Bill of Rights could be a distinctively British document with rights tailored to our customs, The clear setting out of rights and responsibilities could help secure the socio-cultural history of Britain, Human rights should not be able to be overturned as easily as they are by Parliament
• Arguments against a British Bill of Rights

  • Parliament is sovereign in the UK and acts through individual legislation, Rights have been protected in Britain for centuries without one, Entrenching a Bill of Rights makes it inflexible and difficult to amend or improve upon, Currently, civic duties are neglected in place of rights, Some rights and duties cannot be easily codified in constitutional legislation
• How the UDHR protects our rights

  • UDHR sets out universal rights, Every member has a UN ambassador which ratified the UDHR, The way of holding government accountable, International courts will only deal with significant breaches, Limitations in enforcement
• How the European Court of Human Rights protects our rights and relates to rule of law

  • Rights best protected nationally, Appeal to higher authority, Accountability/ independent from the national government, Requires necessary changes, Basic standards of rights are based on UDHR
• Judicial review


  A type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body