"Supreme" Court or "supreme" Court

The word "supreme" means that it is superior to others. So the question is, is the UK Supreme Court actually the "Supreme" Court (with a capital "S") or a "supreme" court (with a small "s").  This is relevant because if the UK Supreme Court is the ultimate interpreter of the law in the judicial system, then the Constitution must affirmatively state so in regards to European Courts (ECHR).  In other words, if the ECHR can overrule the UK Supreme Court's ruling, then the Constitution should use a small "s" to describe them, as it in fact would not be supreme or superior, but rather inferior to the ECHR.  Alternatively, if the UK Supreme Court were to be supreme to the ECHR, the Constitution should state that decisions of foreign Courts are non-binding to the UK, and the foreign Courts decision or ruling would be merely considered.

Of course this may require re-wording some treaties, but the politics of this issue may prevail over logic.

edited on Jan 24, 2015 by Emma McNulty
No comments yet, be the first to post one!
Share