The following discussion will explore the theory behind the rights assertion of citizens in reaction to unfair laws and policy reforms of the government, which is becoming very important to the validation of public policy. It is then going to consider the problems that the Conservative Government experienced with the Poll Tax in the 1990s and the French Government in respect to the First Employment Contract 2006. In this section it will illustrate how public opinion doomed these policies to the scrapheap.
Carney has proposed that pressure groups have embarked on using the legal system for alternative methods than just setting precedent or using judicial review for ulterior motives than questioning the rule of law. This has occurred because the present legal system does not provide sufficient protection for the environment and he considers three theories of how pressure groups use the legal system which are; as a surrogate political process (Sax); adjunct to the political process; and rights assertion (Dworkin and Rawls). ...Show more