Country Z's constitution guarantees freedom of speech. The government, however, has enacted a law that requires any public criticism of the government to obtain prior approval from a minister before publication. A journalist publishes a critical article without such approval and is prosecuted under the new law.

(a) Which core principle of the rule of law is violated by this legislation?
(b) If the courts strike down the law and the remaining two core principles - legality and equality before the law - are fully respected, what proportion of the three core principles of the rule of law are now upheld? Express your answer as a fraction and as a percentage.

Question

Country Z's constitution guarantees freedom of speech. The government, however, has enacted a law that requires any public criticism of the government to obtain prior approval from a minister before publication. A journalist publishes a critical article without such approval and is prosecuted under the new law.

(a) Which core principle of the rule of law is violated by this legislation?
(b) If the courts strike down the law and the remaining two core principles - legality and equality before the law - are fully respected, what proportion of the three core principles of the rule of law are now upheld? Express your answer as a fraction and as a percentage.

Accepted Answer

The legislation violates the protection of fundamental rights. After the law is struck down, all three principles are upheld, giving a proportion of 3/3 = 1 (100 %).

Gce Model Questions Vol1 2021 Government Question 40

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