Freedom of Speech and the rule of law
I quote from the linked post.First, I will take the elements of the rule of law as sketched by the late Law Lord, Tom Bingham, in his final book The Rule of Law (Allen Lane, 2010):
- The law must be accessible, and so far as possible intelligible, clear and predictable (p37
- Questions of legal right and liability should ordinarily be resolved by application of the law and not by the exercise of discretion (p48)
- The laws of the land should apply equally to all, save to the extent that objective differences justify differentiation (p55)
- Ministers and public officers at all levels must exercise the powers conferred on them in good faith, fairly, for the purpose for which the powers were conferred, without exceeding the limits of such powers[,] and not unreasonably (p60)
- The law must afford adequate protection of fundamental rights (p66)
- Means must be provided for resolving, without prohibitive cost or inordinate delay, bona fide civil disputes which the parties themselves are unable to resolve (p85)
- Adjudicative procedures provided by the state should be fair (p90)
- The rule of law requires compliance by the state with its obligations in international law as in national law (p110).
It is worth reading the original post, but the question has to be asked as to how many of these tests are failed by the family courts.