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The scales of justice on a plain background

Sunday Times v United Kingdom

1979 · (1979) 2 EHRR 245

Posted By lanbuk.com

Facts
An stopped the Sunday Times publishing an article about the thalidomide litigation, on the ground of .
Issue
Was the restriction prescribed by law and necessary, as the European Convention on Human Rights requires?
Held
The European Court of Human Rights held the restriction breached freedom of expression, as it was not necessary in a democratic society.
Principle
A rule is only law if it is accessible and precise enough for a citizen, with advice if needed, to foresee the consequences of his conduct.
Why it matters
Often quoted on the certainty that the requires.

Words and Latin in this note

Rule of law
The principle that government must act under and within the law, that everyone is equal before it, and that power is not used arbitrarily. Dicey gave it three meanings. Open the note.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.