Comparative Civil Rights

• Both USA and UK have constitutions that are based on the rule of law and protection of civil liberties:

  • Citizens' rights are entrenched in the US constitution, but not in the UK Constitution
  • Both countries have had debates about the civil rights of women and minorities, but in the USA the rights of gun owners and those with religious beliefs also have a central role in public discussion of rights
  • The US Supreme Court has played a more important role in the development of civil rights than its younger, less powerful UK equivalent
• Protection of Civil Rights

  Similarities:

  • Both US and UK legislatures have passed legislation to protect citizens' rights e.g. the 2010 Equality Act and the 1964 Civil Rights Act USA
  • both the USA and the UK have parts of their constitutions that clearly express the rights of their citizens: the US Bill of Rights and the UK Human Rights Act (1998)
  • US and UK both benefit from the rule of law and independent judiciaries which can make rulings against the government on behalf of individual citizens
• Protection of Civil Rights

  Differences:

  • US civil liberties are entrenched in the constitution. They can only be removed by amending the constitution, which the framers deliberately made difficult to do in order to protect citizens rights
  • UK Civil liberties are not entrenched. The UK HRA could be removed from the Constitution by a simple act of Parliament
  • The US SC can strike down legislation that infringes citizens constitutional rights. The UKSC can only make a declaration of incompatibility
  • The US Supreme Court can rule to amend the constitution, UKSC are overridden
• Debates about civil rights issues

  Civil liberties in a time of national emergency:

  • debate arose in response to the increased terrorist threat after 9/11. To protect their citizens, a Republican president and a Labour PM both passed measures that were criticised for infringing liberties:
  • USA Patriot Act 2001 increased police and government searches of homes, business, telephones and emails without court order
  • UK Prevention of Terrorism Act 2005 introduce government control order on terrorist suspects (repealed in 2011).
• Debates about civil rights issues

  Women's rights:

  • both successful women's suffrage movements
  • subsequent debates on abortion rights and equality
  • #MeToo and #TimesUp campaigns highlighted assault
  • Womens rights are more precarious in US
  • ERA was not passed and no paid maternity leave, UK has paid leave and Sex Discrimination Act (1975)
  • debate over abortion is fiercer in US due to highly religious society
• Debates around civil rights issues

  LGBTQ+

  • controversial in both countries
  • same sex marriage utilised in 2013, NI in 2020. US legalised in Obergefell v Hodges 2015
  • religious groups in both countries have argued that their right to practice their religion is infringed by LGBTQ+
  • President Biden overturned Trumps ban on transgender people in military
  • both countries have trans 'bathroom wars'
• Debates around civil rights issues

  Race: USA

  • Slavery in the US was abolished only in 1865 after a bloody civil war. A unique system of segregation and racial discrimination followed
  • Segregation and discrimination in the USA were challenged by the civil rights movement in the 1950s and 60s
  • Affirmative action policies are widespread in the USA and the source of heated debate
• Debates around civil rights issues

  Race: UK

  • Slavery was abolished within the British Empire in 1834. Racism was endemic in Britain and was used to justify its empire, but the UK had no formal policy of segregation comparable to the in the US South
  • The UK civil rights movement was less high profile than in USA, but won important victories such as the 1963 Bristol Bus Boycott and the Race Relations Act 1965
  • The UK's Equality Act 2010, mean that attempts at affirmative action are much more limited
• Debates around Civil Rights issues

  Immigrants: USA

  Debate has focused on the estimated 11 million illegal immigrants living in the country, particularly those brought to the USA as children:

  • Trumps policy of separating illegal immigrant children from their parents was discontinued after public outcry
  • Supreme Court overturned Trumps attempt to end the Deferred Action for Childhood Arrivals
  • Biden campaigned against trumps border wall, promising a fair and humane system.
• Debates about Civil Rights

  Immigrants: UK

  • whether immigrants should have equal rights to use NHS and council housing
  • whether deporting immigrants who commit a crime is in breach of HRA
  • how best to reduce net immigration figures. Conservatives promised an 'Australian' Style points system in 2019
  • how to prevent migrants from attempting the dangerous journey across the English Channel from France to Britain.
  • Rwanda Scheme
• Debates around Civil Rights issues

  Gun rights:

  In USA, gun rights are a major political issue, whereas gun control is almost universally accepted in the UK
• Comparisons of methods of civil rights campaigns


  Similarities:

  • Pressure groups in both countries campaign for civil rights using many similar methods: marches, rallying, lobbying, direct action
  • US Pressure groups use the courts more, UK Pressure Groups have won significant victories using judicial review, especially since the introduction of Human Rights Act 1998
  • Religious groups in both countries have argued that anti-discrimination legislation can infringe their rights
• Comparisons of methods of civil rights campaigns


  Differences:

  • There are strict limits on political spending during election in the UK, US has limits on donations to individual candidates but no limits on overall political expenditure
  • US Pressure groups spend far more on supporting and opposing candidates than UK
  • US Pressure groups use their courts more because their Supreme Court can strike down legislation if it finds it unconstitutional, or make 'interpretive amendments; to the constitution, US Pressure groups fund many legal challenges or submit amicus curiae briefs to cases.
• Comparisons of Influences and effectiveness: of civil rights campaigns Influences and effectiveness

  Similarities:

  • Campaigners for civil rights have changed public attitudes in both countries - open displays of racism, homophobia and misogyny are generally considered unacceptable in much of modern society
  • The rights of women people of colour and LGBTQ+ individuals have dramatically improved over the last 50 years and beyond - Pro-choice campaigners were mostly successful in keeping abortion
  • pressure groups have shone a spotlight on anti-liberal measures by the government in both countries
• Comparisons of Influences and effectiveness: of civil rights campaigns Influences and effectiveness

  Differences:

  • In the US, the rise of the far right demonstrates limited influences of civil rights campaigns
  • Religious campaigns are more influential in the USA e.g. the 'pro-life' campaign keeps abortion high on the political agenda
  • The NRA's political funding gave it influence over politicians unparalleled by any UK civil rights group
  • Women have better rights in UK
  • Second Amendment and NRA ensures right to bear arms USA
  • Both countries have significant progress to get equality
• Theoretical approaches

  Structural:

  • Rights are entrenched in the US constitution, so are more protected than in the UK's flexible constitution
  • Parliament is sovereign, so ultimately decides what civil rights UK citizens enjoy. In the US the constitution is sovereign, hence the greater relative importance of the Supreme Court, which can make landmark rulings
  • Different campaign finance rules have resulted in pressure groups spending more on political campaigning in the US and arguably having more influence over elected representatives
• Theoretical approaches

  Rational:

  • Many civil rights campaign stem from the infringement of individual rights e.g. Roe v Wade 1973 and Snowdrop campaign
  • Leaders have had a big impact on civil rights movement in the USA benefitted from the inspirational leadership of MLK in the 1960s, whereas post-war UK civil rights campaigns lacked a central figure
  • Some presidents have expanded civil rights, others have restricted civil liberties
• Theoretical approaches

  Cultural:

  • Respect for the rule of law underpins the protection of rights in both countries
  • Both cultures value individual liberty reflected in their constitutions, pluralism allows pressure groups to campaign for rights
  • Sexism, racism, unconscious bias, homophobia, transphobia and Islamaphobia are in both countries
  • Culture is traditionally associated in US from 1980s, but UK cultures has been increasing since Brexit
  • Religious groups and conservative beliefs are more US, far right rise in both countries