Introducing Politics: Gay Marriage and UK Democracy

Gay marriage is always a great classroom topic. Here we can consider pressure group success, rights and liberties, and the role of the judiciary. In a comparative sense it also brings into view the extent to which rights are better advanced in the UK or the USA.

Recent stories emanating from Whitehall put this issue firmly back on the agenda.

According to the BBC:

“The government has indicated it is committed to changing the law to allow gay marriage by 2015.

Ministers are to launch a consultation next spring on how to open up civil marriage to same-sex couples ahead of the next general election.”

Below I put this debate in the context of a study note on the extent to which Britain can be considered democratic.

Is Britain democratic?

• We could say that there are free elections. Virtually all are entitled to vote and stand for office. Elections in Britain are, by and large, fairly run and there is little corruption. However there is a strong argument that elections to the Westminster Parliament are unfair (include material demonstrating the distorting effects of first past the post. Elections to devolved assemblies, however, are fairer.

• The existence of an elected, accountable House of Commons is a positive element, but the House of Lords (to date anyway) remains unelected and so fails the ‘democracy test’.

• All citizens are represented by an MP and can expect their grievances to be taken up and represented to public bodies by MPs. But the MPs’ expenses scandal has caused the public to wonder whose interests are elected representatives are willing to put first.

• Britain has now passed the Human Rights Act so the European Convention is binding on most public bodies. However, legal experts have pointed out that the ECHR has only been applied in a tiny number of cases, and most of the victories secured would have happened without reference to the ECHR. The issue of gay marriage also brings Britain’s democratic credentials into question.

• There is a free, independent civil society, with many parties and pressure groups free to operate and to mobilise public opinion and represent popular demands to government. Though actions taken against public demonstrators, such as the G20 demo where people were detained for up to eight hours, put this into question.

• There is a free media which is not controlled by government so the public have access to independent sources of information. That said, newspapers have no obligation to be politically neutral and may distort the message.

• The rule of law applies and is protected by a largely independent judiciary. But statistical evidence shows that when the government is challenged in the courts it still wins far more cases than it loses.

• There are a number of general criticisms of the British political system which can be added to the assessment. These include: the persistence of unelected elements such as the Monarchy and House of Lords, the lack of separation of powers and therefore, arguably, an over-powerful executive and the lack of a codified, entrenched constitution.