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Freedom of expression is “an important card in the pack” but “not always the ace of trumps”, according to Lady Justice Arden.
In a speech, Freedom of Expression and the Role of a Supreme Court—Some Issues from Around the World, at a judicial academic conference in the summer, Arden LJ considered the role of Supreme Courts.
These generally have the power to interpret a written constitution and determine federal questions as well as being a final court of appeal in some areas of law, she said. The new UK Supreme Court, due to begin hearing cases on 1 October, will have power to determine devolution questions, and will also have a “responsibility to select those cases that will enable it to set the law in a new direction”.
The House of Lords, like Supreme Courts in other jurisdictions, has taken a lead role in developing freedom of expression laws, she said, for example, in the case of Campbell v MGN [2004], where the rights of supermodel Naomi Campbell were protected above the right of the Mirror newspaper to reveal details of her treatment for drug addiction.
These generally have the power to interpret a written constitution and determine federal questions as well as being a final court of appeal in some areas of law, she said. The new UK Supreme Court, due to begin hearing cases on 1 October, will have power to determine devolution questions, and will also have a “responsibility to select those cases that will enable it to set the law in a new direction”.
The House of Lords, like Supreme Courts in other jurisdictions, has taken a lead role in developing freedom of expression laws, she said, for example, in the case of Campbell v MGN [2004], where the rights of supermodel Naomi Campbell were protected above the right of the Mirror newspaper to reveal details of her treatment for drug addiction.
Freedom of expression is “an important card in the pack” but “not always the ace of trumps”, according to Lady Justice Arden.
In a speech, Freedom of Expression and the Role of a Supreme Court—Some Issues from Around the World, at a judicial academic conference in the summer, Arden LJ considered the role of Supreme Courts.
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