As seductive as certain perspectives of international law may appear to those who disagree with the outcome of the interpretative exercise conducted by this Court in the contempt judgment, sight must not be lost of the proper place of international law, especially in respect of an application for rescission. The approach that my Brother adopts may be apposite in the context of an appeal, where a court is enjoined to consider whether the court a quo erred in its interpretation of the law. Although it should be clear by now, I shall repeat it once more: this is not an appeal, for this Court’s orders are not appealable. I am deeply concerned that seeking to rely on articles of the ICCPR as a basis for rescission constitutes nothing more than sophistry.
Because of the way our constitution is skewed towards the incumbent government, for a lot of the time the press is a de facto form of opposition. New Labourites would routinely refer to the editor of the Daily Mail as ‘the most powerful man in the country’. That was an exaggeration, and it described something whose effects were almost entirely malign; and yet we would miss this countervailing force if it were gone. Governments are constantly accumulating more power: one of the most glaring trends in the last 30 years of political history is that all governments arrogate more power to themselves, even when (it’s tempting to say ‘especially when’) their ideology is overtly right-wing and explicitly anti-government. The press is just about the only force which resists that, and for that reason alone it is now a necessary component of modern democracy. Without it our democracy would head the way that papers themselves risk heading, and become hollowed out, with the external apparatus of democratic machinery but without the informed electorate which the press helps create. And one beauty of the current arrangement is that it functions without the press having to be well-meaning or high-minded. – John Lancchester in the London Review of Books on the UK printed media.BACK TO TOP