Mr. Justice Heydon
According to Griffith CJ, "The law is always certain, although no one may know what it is."
It came up in the course of a high court decision saying that the common law rule that wives cannot be compelled to give evidence against their husbands -
"the law will not suffer a wife to be a witness for or against her husband, to preserve the peace of families"
that I had always thought was settled law (and can remember providing the bulk of the plot in several Agatha Christies) had in fact never existed at all, being traced back to a few lines in the judgement in R v The Inhabitants of All Saints, Worcester, a somewhat ambiguous decision concerning which parish was responsible for particular poor law recipients in 1817 that involved, along the way, finding out whether the man Alice was living with was a bigamist (because if so the parish could tell Alice to go off and batten on another parish) and whether they could go ask Alice.
Which does, I have to say, mean that the drive for gay marriage has lost most of its point.
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