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no greater obligatory effect in legislative terms than take into account". The court's supervisory role upon judicial review will thus be the
same under both formulas.
Second
SECOND, as a matter of drafting clarity, it is entirely inappropriate to require in our legislation that a censor comply with Article 19 since part of Article 19 itself as stated in
paragraph 3 requires that any restriction
on the right to freedom of expression be
provided by law. A censor is simply not competent
to provide restrictions by law. That is the
job of the legislature.
Third
THIRD, even overlooking the drafting
deficiency noted above, the comply with" formula
is unnecessary and inappropriate in the context
of the role of the Board of Review. It is
unnecessary because, for the reasons already given, it achieves no more than the "take into
account formula; and it is inappropriate because
it implies that nothing short of an order from
the legislature will induce the Board to give
due weight to the principle of freedom of
expression. Such an approach is entirely
inconsistent with the legislature's
intention as to the function of the Board, which
comprises a majority of non-official members with
a non-official chairman, performing an independent
role.
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