Shadow attorney-general Mark Dreyfus claims that on the High Court's current interpretation, Nationals Senators Fiona Nash and Matt Canavan, as well as Deputy Prime Minister Barnaby Joyce would be ineligible to sit in Parliament.
The decision of the High Court in relation to the dual citizenship of Labor's Katy Gallagher has led to the departure of five politicians from Parliament, four of whom were from the Labor Party. Prime Minister Malcolm Turnbull claimed that the outcome for
The dual citizenship crisis continues to haunt the Parliament into 2018, with the leader of the House, Christopher Pyne, claiming Susan Lamb, the Member for Longman, is a citizen of the United Kingdom.
The University of Queensland's Professor Graeme Orr, claims High Court justices can hold dual citizens but parliamentarians cannot.
This paper looks at how section 44 has been interpreted by the High Court and whether it remains relevant in the modern world. It also examines proposals for reform and whether there is any merit in modifying or deleting the section through a referendum.
The present case turns on just how wide the “all reasonable steps” exception is held to be. Does section 44 just require a person to take all reasonable steps within their power to renounce, regardless of whether that renunciation is actually effective?
The relevance of Section 44 of the Australian Constitution has again been questioned. Despite the Prime Minister’s constitutionally inappropriate foretelling of the outcome, the High Court’s decision is far from predictable.
Current terrorism threats identified by the Australian and other Western governments include those associated with their nationals fighting with overseas terrorist and insurgent groups (‘foreign fighters’) and different forms of ‘home-grown’ terrorism. While the foreign fighter phenomenon is not new, a range of factors, including...
Citizenship is a cornerstone of Australia’s inclusive and pluralist democracy. Together we have built a modern nation on the idea that people can get ahead if they are prepared to ‘have a go’. Still, in a world in which terrorists are reaching out to our...
In Ame's Case the High Court said that a Papuan man who was an Australian citizen by birth was not a 'real Australian' and could be treated as an 'alien' under the Australian constitution, including for the purpose of taking his citizenship away. The case...