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.
He might turn out to be a great disappointment – just another American President looking after American interest and trying to pull a fast one on the rest of us. He might be more conservative than we are hoping and far less liberal than the McCain/Palin bullies are trying to pretend. He might invade another country like George Bush or forsake the poor and marginalised in his own country. Yet, I am hoping with every fibre in my body that Barack Obama wins the US election in ten days time. This report about early voting in the Presedential election sums up why:
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For me the most moving moment came when the family in front of me, comprising probably 4 generations of voters (including an 18 year old girl voting for her first time and a 90-something hunched-over grandmother), got their turn to vote. When the old woman left the voting booth she made it about halfway to the door before collapsing in a nearby chair, where she began weeping uncontrollably. When we rushed over to help we realized that she wasn’t in trouble at all but she had not truly believed, until she left the booth, that she would ever live long enough to cast a vote for an African-American for president.