An ‘important purpose of section 34 [of the Constitution] is to guarantee the protection of the judicial process to persons who have disputes that can be resolved by law’ and that the right of access to court is ‘foundational to the stability of an orderly society. It ensures the peaceful, regulated and institutionalised mechanisms to resolve disputes, without resorting to self-help. The right of access to court is a bulwark against vigilantism, and the chaos and anarchy which it causes. Construed in this context of the rule of law and the principle against self-help in particular, access to court is indeed of cardinal importance’.The right guaranteed s34 would be rendered meaningless if court orders could be ignored with impunity:the underlying purposes of the right — and particularly that of avoidance of self-help — would be undermined if litigants could decide which orders they wished to obey and which they wished to ignore.
I can’t imagine why anyone would sit at the water waiting for a fish to bite into a fish hook and then reeling in that fish and taking out the hook and then having to slaughter it and clean it before eating it. I prefer my fish with wasabi at the Japanese Restaurant so I do not have to confront the horrors of eating dead animals. So I won’t be off fishing.
I will, however, be on holiday, so I will probably not be updating the blog or if I do, won’t do so regularly for the next while. For all readers of this Blog, enjoy your holidays and whatever you do, give somebody you love a big hug.BACK TO TOP