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.
Interesting article in the New York Times yesterday reviewing the latest scientific evidence that concludes sexuality is genetic. Money quote:
Desire between the sexes is not a matter of choice. Straight men, it seems, have neural circuits that prompt them to seek out women; gay men have those prompting them to seek other men. Women’s brains may be organized to select men who seem likely to provide for them and their children. The deal is sealed with other neural programs that induce a burst of romantic love, followed by long-term attachment.
Not that it should matter, of course. Even if one’s sexuality was chosen it would still be an intimate and important aspect of one’s life – like religion, say – worthy of constitutional protection. But it does answer conservatives who argue that homosexuality is a “lifestyle”.