LEGAL SYSTEM

English Legal System: Case Analysis Test

English Legal System: Case Analysis Test

Question 1

a) What is meant by the citation “[1979] AC 617”?

This citation represents that the case report was published in year 1979. Code AC represent the case report; whereas, 617 represent the beginning page number of the case in the report. This citation shows that the case of Whitehouse v Lemon, Whitehouse v Gay News Ltd report officially published in year 1979 and was filed in section AC reports beginning from the page number 617 of the report.

b) What were the hearing dates of this case?

The case proceedings started in year 1978. The hearing dates of the case in the House of Lords are 20th November, 21st November, 22nd November, 23rd November, and 27th November.

c) On what date were the judgments delivered in this case?

The judgments of the case Whitehouse v Lemon, Whitehouse v Gay News Ltd [1979] AC 617 were given by the House of Lords on 21 February 1979.

d) In which courts was this case previously heard?

The case of Whitehouse v Lemon, Whitehouse v Gay News Ltd [1979] AC 617 was previously heard in the Court of Appeal, prior to beginning of trial in House of Lords.

e) Who was the judge at the appellant's trial?

At the appellant's trial, following judges conducted the trial:

Lord Russell of Killowen, Lord Scarman, Lord Edmund-Davies, Viscount Dilhorne, and Lord Diplock.

Question 2

What was the name of the person who commenced this private prosecution?

Mrs. Mary Whitehouse brought the issue of publication of a poem 'The Love that Dares to Speak its Name' to court for containing the blasphemous libel in respect to instigating action against Christian religion under the Law of Libel Amendment Act 1888 as private prosecution.

Question 3

Give the names of counsel for the appellant, and counsel for the respondent, in this case.

The case was counselled by Louis Blom-Cooper Q.C. and Geoffrey Robertson for appellants. Geoffrey Robertson and Louis Blom-Cooper counselled the case for Lemon; whereas, only Geoffrey Robertson counselled for Gay News Ltd. The name of counsel for the respondent Mrs. Mary Whitehouse was John Smyth and Jeremy Maurice in the case of Whitehouse v Gay News Ltd.

Question 4

Which of these two accounts is more authoritative and why?

Second account is more authoritative because it clearly provides the statement of offence and particulars of offence. It defines the approach of the editor and publisher of the magazine to assert an offence under blasphemy libel. A number of international instruments affirm the need to consider the cases of blasphemy, including blasphemous actions as humiliation of human dignity (defamation) of the religious community, the community of individuals united by a religious faith. This suggest that the offence is worthy of support for legislative measures that strengthen the protection of religious symbols, sacred names and concepts, places of worship, which are of critical importance to persons professing religious beliefs (Thierstein, 2000).

Question 5

In which courts was this case heard before it reached the House of Lords? Give an account of ...