Politics Paper 2 Key Words

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    Politics paper 2 key words

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    What gives any government the right to

    rule (legitimacy)?

    This question refers to both the system of

    government and the individuals who hold office

    within the government.

    Tradition

    Force

    Consent

    In the UK government is legitimate because, there isno significant movement to change the system of

    parliamentary democracy.

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    Tradition

    if the system of rule has existed for a long period of time itconsidered to be legitimate.

    Traditional conservatives often support this justificationbecause the people will accept a government that has evolved

    naturally. An example is a hereditary monarchy. In the UK and Sweden

    they are just figure heads. But in societies in Saudi Arabia andthe small emirates round the Arabian Gulf such as Bahrainand Dubai.

    If these states continue to be stable and free from significantopposition it can be argued that hereditary monarchy is alegitimate form of rule.

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    Consent

    If a regime has the broad consent of its people

    then it can be considered to be legitimate.

    The most important criterion for legitimacy

    General peace and stability is a sign of

    consent.

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    Force

    A controversial argument that any government, regardless ofhow constituted, could be seen as legitimate if it is able tomaintain peace and security within a country.

    Few would accept this especially if there are abuses of human

    rights and discrimination against minorities. Though this doesnot make it illegitimate.

    Examples are the current Chinese regime.

    In 2003 the regime of Sudan Hussein in Iraq was removed byforce because they persecuted ethnic and religious groupsand there was a lack of democracy.

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    Problems with consent as a criterion for

    legitimacy

    In the past people may have consented, but how dowe know that they still consent. There would have tobe regular referendums to approve the system ofgovernment.

    Is a majority enough? Should there be a specificpercentage of consent? Should the consensus ofsupport be broader?

    If the turnout is low does that mean that there is alack of consent to the system of government, ordissatisfaction with the government? How do weknow that the people consent?

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    Legal sovereignty 4

    The ultimate source of all legal authority

    Parliament is the legal sovereign

    All laws in the UK are determined by

    Parliament, it either passes laws itself orgrants authority for others to make law.

    Due to various treaties the EU has been

    permitted limited sovereignty in areas such asthe environment, trade and consumerprotection legislation.

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    Examples of the sources of authority

    Government elective

    Monarch Traditional limited

    Parliament- HOL is traditional limited. Hoc iselective the people is the source. Parliament

    as a whole is sovereign so is traditional

    PM- traditional, indirectly elective some arecharismatic e.g. Winston Churchill

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    Political sovereignty

    The ultimate source of real political power

    At elections the people are politically

    sovereign

    Between elections the government and the

    PM are politically sovereign.

    While Parliament reserves the right to defy

    the government, most of the time it is the

    government that rules.

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    The stateincludes

    The state is a collective name for the institutions that

    administer a country.

    Armed forces, security and intelligence establishment

    Law enforcement agencies, (courts, police) The bureaucracy or civil service (politically neutral) may stay

    in office even if political governments change

    Other institutions that may or may not be apart of the

    permanent implements of the state and dependant onarrangements in the country e.g. NHS, BBC, Royal Mail

    Bodies that exist on a sub central level e.g. local authorities

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    Natural justice

    Some may say nature is a force which has

    some control over the affects of mankind

    so some laws of nature could constitute to

    justice

    Others say nature implies God

    There are different ideas from different people

    as they have different ideologies

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    Legal justice

    All adult citizens of the state are treated

    equally

    No one is above the law not even the

    government

    All citizens have a right to a fair trial

    Based on the constitution

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    Social justice

    Refers to the way goods are attributed with in

    a society

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    Communism

    An expression of total equality

    No one should have significantly more than

    any other

    The system includes equality in wealth, social

    and economic power

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    A State

    A state refers to a country whose

    governments jurisdiction over a territory is

    recognised by other states.

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    Government

    The process of organising the state and giving

    political direction

    Government is an institution that applies

    political principles to running the state

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    Legitimacy

    The degree to which the state or its

    government can be considered to have the

    right to exercise power.

    A state is legitimate if it has a valid claim to

    rule

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    Sovereignty

    Ultimate political power and the source of all

    political authority

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    Rule of Law

    A set of principles which asserts that all

    citizens should be treated equally under the

    law including the government itself.

    Every citizen is entitled to a fair trial

    Overall the government should be conducted

    according to the recognised legal code and the

    constitution

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    Executive

    Has 3 main roles

    Develop legislation and present it for approval

    Arrange the implementation of the laws Running the state

    PM, cabinet

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    Define: judicial independence

    Principle that members of the judiciary should

    retain independence from any influence by

    government and parties and other political

    movements

    Essential feature of a democracy

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    Define: judicial neutrality

    Principle that members of the judiciary shouldavoid allowing their political ideas to affect theirdecisions in cases

    Also implies that judges should not show anysystematic bias towards or against any groups insociety

    The rule of law states that every citizen should be

    treated equally under the law so it vital thatjudges should conduct cases without anypersonal favour to one side or the other.

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    What are civil liberties?

    The rights and freedoms that citizens enjoy in

    relation to the state and its laws.

    Freedoms guaranteed by the state and its

    constitution (assuming the state has a

    constitution)

    Examples: the right to vote, stand for office,

    freedom of expression, movement,

    association and the right to a fair trial

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    What is judicial activism?

    Practice of some of the higher courts and

    judges in actively seeking to assert the rights

    of citizens and limit governmental power.

    By doing this it means thy are taking an active

    role in interpreting and revising the

    constitution

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    Separation of powers

    Principle that the 3 branches of G should be keptseparate

    And have their own independent powers

    Implies the separation of the judiciary from thegovernment (executive) and Parliament(legislative)

    Their should be separate membership

    Should be able to control each others powers

    Largely absent in the UK

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    What is the legislature?

    Political institution whose main role is to passlaws

    Parliament

    In USA it is congress

    Doesnt mean it develops laws but that lawsare considered legitimate if passed by the

    legislature Often have additional role of scrutinising the

    work of G and checking on its power

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