The Supreme Court

Question 1

The Supreme Court and nature

Answer 1

• Independent since 2005 (fusion of powers).
• During EU membership - appealed to the European Court of Justice = however, there is no guarantee to obey (parli sovereignty).
• 12 Judges (doesn’t have to be all at once) - needs a majority of 3 to agree and once decided, the law is established firmly.
• All judgements and reasons are published

Question 2

Reasons why the Supreme Court hears cases?

Answer 2

• Crucial judicial review that concerns the govt and other bodies = establishes legal powers.
• Cases with potential implications for citizens/bodies = sets a precedent to be followed.
• Provides interpretations of law when lower courts cannot make a judgement.
• Cases attracted a large amount of public interest.
• Issue of human rights are at stake.

Question 3

Examples of Cases: PJs v News Group Newspapers (2015)

Answer 3

The celebrity did not want the media to publish his private life.

Principle at stake: right to privacy and expression.

Result: Should uphold the celebrity’s privacy - took importance over the freedom of the press.

Question 4

Examples of Cases: Vince V Wyatt (2015)

Answer 4

Divorced couple - Vince became wealthy and Wyatt claimed for considerable maintenance as the couple was poor in marriage.

Principle at stake: Interpretation of Family Law.

Result: Wyatt had a right to make a claim - opened doors to similar cases.

Question 5

Examples of Cases: Trump International Golf Club V Scottish Ministers (2015)

Answer 5

Argued that allowing a wind farm to be built near his golf course went beyond Scottish Minister’s powers.

Principle at stake: Ultra-vires - argued the government was acting beyond its legal powers.

Result: Trump lost as the Scottish Govt acted within its powers.

Question 6

Supreme Court and protection of rights

Answer 6

• Right of appeal if citizens feel a public body abused their rights in some way.
• Cases of ultra-vires = acting beyond its legal powers - leads to compensation and reversal of action.
• Appeals that rule of law wasn’t applied (equal treatment).

+ Examines abuse of Common Law.

Question 7

Supreme Court cases about the protection of rights: Radmacher V Granatino (2016)

Answer 7

Questioned if pre-nupital agreements could be enforced.

Principle: meaning of Common and Statute law.

Results: Successful.

Question 8

Supreme Court cases about the protection of rights: R V Metropolitan Commissioner of Police

Answer 8

Questions if innocent people’s DNA records and fingerprints should be kept by police.

Principle: Right to privacy.

Result: Couldn’t be kept and must be destroyed.