Tokens: 12
.
Accordingly
,
what
has
to
be
enquired
into
in
the
present
case
is
the
concrete
refusal
to
allow
Golder
to
consult
a
solicitor
(
regarding
this
,
for
reasons
already
given
,
as
a
constructive
interference
with
his
correspondence
,
-
or
rather
-
to
use
the
cumbrous
verbiage
of
Article
8
(
art
.
8)
-
with
his
"
right
to
respect
"
for
his
correspondence
)
.
The
question
then
is
,
whether
this
refusal
was
"
necessary
"
on
grounds
of
public
safety
,
prevention
of
crime
,
etc
.
Put
in
that
way
,
it
seems
to
me
that
there
can
only
be
one
answer
:
it
was
not
,
-
and
in
saying
this
I
have
not
overlooked
the
United
Kingdom
argument
to
the
effect
that
if
Golder
had
been
allowed
access
to
a
solicitor
over
what
was
considered
(
by
the
authorities
)
as
an
entirely
unmeritorious
claim
,
the
same
facilities
could
not
in
fairness
have
been
refused
to
other
prisoners
because
,
in
the
application
of
any
rule
,
there
must
be
consistency
and
adherence
to
some
well
defined
and
understood
working
principle
.
That
is
no
doubt
true
,
but
it
does
not
dispose
of
the
need
to
show
that
refusing
any
one
at
all
-
that
the
practice
itself
of
refusal
on
those
particular
grounds
-
is
justified
as
being
"
necessary
...
in
the
interests
of
public
safety
"
or
"
for
the
prevention
of
disorder
"
etc
.
This
brings
me
to
what
has
to
be
regarded
as
the
crucial
question
:
-
with
whom
does
it
properly
lie
to
decide
whether
,
as
I
have
put
it
in
recapitulation
of
the
United
Kingdom
argument
,
claims
such
as
Golder
’s
-
in
respect
of
which
he
wanted
to
consult
a
solicitor
-
was
a
"
wholly
unmeritorious
one
"
?
Is
not
such
a
matter
one
for
judicial
rather
than
executive
determination
?
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