We need a new and relevant constitution. The question is "How can we go about it?".
http://www.abc.net.au/news/2017-08-18/abolish-the-constitution-and-start-again/8816488
Could you imagine the delight of the gang of Constitutional lawyers trying to draft a new one at a squliion bucks an hour?Only to be given the flick in a referendum
The whole constitution can be found at file:///C:/Users/AL2BBD~1/AppData/Local/Temp/2012_Australian_Constitution.pdfThat's the location of where you've got the download stored on your hard drive, not the internet.
Nah, let's hack his hard drive. "All your files belong to us!"The whole constitution can be found at file:///C:/Users/AL2BBD~1/AppData/Local/Temp/2012_Australian_Constitution.pdfThat's the location of where you've got the download stored on your hard drive, not the internet.
A better link is https://www.legislation.gov.au/Details/C2005Q00193
Would such an action be Constitutional? I guess we won't find out until we get in.Nah, let's hack his hard drive. "All your files belong to us!"The whole constitution can be found at file:///C:/Users/AL2BBD~1/AppData/Local/Temp/2012_Australian_Constitution.pdfThat's the location of where you've got the download stored on your hard drive, not the internet.
A better link is https://www.legislation.gov.au/Details/C2005Q00193
Leave the bloody thing alone.Section 44 has been acknowledged by the High Court as being written too broadly, Nash, Joyce and Xenophon will be found to be lawfully elected, because the High Court has stated in the past that merely having a foreign country bestow citizenship on an Australian is not sufficient to have them be ineligible for Parliament.
If the politicians had followed the law Turnbull would not have to be making excuses now.
In a way this silly "subject of a foreign power" thing favours the big political parties and discriminates against the medium and small ones.It doesn't favour the larger parties because they have more staff, it favours the parties that can read the Constitution and remember to ask their members of their birth country and citizenship(s). Bogong probably has not been involved in a political party, but they don't have a bunch of staff doing background checks, they don't have any staff doing any such checks. The 'checks' are done by the candidates, prompted by questions in the paperwork filled out before running.
Large, cashed up, political parties like Labour and Liberal have the staff to do extensive background checks on candidates for the senate and winnable House of Reps seats. However the medium sized parties like Green and National don't. Small parties like NXT, One Nation and FF/Conservative have even less resources.
So it's not surprising that Lib and Lab have (so far) managed to avoid the controversy, while the medium and small parties have had the legitimacy of around half a dozen senators and MHRs questioned. Perhaps it's not so much sloppiness or laziness that meant the Greens and Nationals didn't do proper checks on their MPs, so much as they just don't have the money and the small numbers of staff working in their party HQs are already overstretched?
Of course being under resourced does not excuse the Nats and Greens, but it does explain why they have been at the centre of this sh*tstorm.
also those found to be dual citizens should be forced to repay all monies received for salary or expenses and be barred from receiving parliamentary pensions.Nope, they are safe with their money, and maybe rightly so, recall the only two invalid so far are Greens and I am no fan of theirs, and I am especially not a fan of Bob Day, but I still do not think they should pay back the money. They might be invalid, but I don't believe that any of them actually deliberately set out to mislead and they actually did the work whilst considered valid.
Obtaining Money under false pretences or similar springs to mind
After all people should know their family history anyway. For most this would tell them whether they are considered to be citizens of another country. It's common sense not thousands of dollars of research to find out. There are some general rules that most follow.I have highlighted the words applicable for you, the issue here is that yes, many would think they might qualify, but having never applied, very few would consider that they could be granted without request citizenship to a non birth country.
If a father was born overseas you usually qualify for citizenship there
Not much of value there...Nah, let's hack his hard drive. "All your files belong to us!"The whole constitution can be found at file:///C:/Users/AL2BBD~1/AppData/Local/Temp/2012_Australian_Constitution.pdfThat's the location of where you've got the download stored on your hard drive, not the internet.
A better link is https://www.legislation.gov.au/Details/C2005Q00193
The HC might say s44 is too broad but at the end of the day they may not find in favor Joyce etc if they take a black letter approach. This court is not known for legal adventurism.Leave the bloody thing alone.Section 44 has been acknowledged by the High Court as being written too broadly, Nash, Joyce and Xenophon will be found to be lawfully elected, because the High Court has stated in the past that merely having a foreign country bestow citizenship on an Australian is not sufficient to have them be ineligible for Parliament.
If the politicians had followed the law Turnbull would not have to be making excuses now.
Canavan is a tricky one, he had citizenship bestowed not by his own doing or request, I have a feeling the High Court will rule him valid, Waters and Ludlam had to go, they were born overseas, and as such should have known and understood that birthright is the international default for citizenship. Waters saying she left young and has never been back does not wash.
I am leaning towards "dumb as dog s**t"Not much of value there...Nah, let's hack his hard drive. "All your files belong to us!"The whole constitution can be found at file:///C:/Users/AL2BBD~1/AppData/Local/Temp/2012_Australian_Constitution.pdfThat's the location of where you've got the download stored on your hard drive, not the internet.
A better link is https://www.legislation.gov.au/Details/C2005Q00193
I guess that you can call me by any name - except conservative or geek - and get away with it!
Well there goes my chances of being elected to Parliament as my great great great Grandfather or something like that migrated from Hamburg in Germany to South Australia as free citizens a long time ago so that makes me German. At least I can go back to Germany though and claim my right to live there etc!Pig Iron Bob, Prime Minister Menzies, who is remembered in GM1, might not qualify to sit in parliament if you count too many grandfathers
Why now, because somewhere somehow, someone found out.Could you imagine the delight of the gang of Constitutional lawyers trying to draft a new one at a squliion bucks an hour?Only to be given the flick in a referendum
The whole dual citizenship thing begs the question why it's only hit the fan now. Personally I believe we should be much tougher and require our nationals to renounce foreign citizenship. You can only serve one master!
Thankyou Aaron for this voice of reason.also those found to be dual citizens should be forced to repay all monies received for salary or expenses and be barred from receiving parliamentary pensions.Nope, they are safe with their money, and maybe rightly so, recall the only two invalid so far are Greens and I am no fan of theirs, and I am especially not a fan of Bob Day, but I still do not think they should pay back the money. They might be invalid, but I don't believe that any of them actually deliberately set out to mislead and they actually did the work whilst considered valid.
Obtaining Money under false pretences or similar springs to mind
Then there's what the law actually states, which in lay terms is whilst they're under the colour of office, their actions are protected and deemed valid even if the member is invalid for office. In terms of finances, none of the current politicians valid or otherwise have much to worry about - and I actually think that's fair.After all people should know their family history anyway. For most this would tell them whether they are considered to be citizens of another country. It's common sense not thousands of dollars of research to find out. There are some general rules that most follow.I have highlighted the words applicable for you, the issue here is that yes, many would think they might qualify, but having never applied, very few would consider that they could be granted without request citizenship to a non birth country.
If a father was born overseas you usually qualify for citizenship there
99.99% of people would only consider themselves having citizenship of their birth country without at least applying for foreign citizenship. Politicians are no different - they would have never considered even the vaguest chance of non birth country citizenship by silent grant.
Well there goes my chances of being elected to Parliament as my great great great Grandfather or something like that migrated from Hamburg in Germany to South Australia as free citizens a long time ago so that makes me German. At least I can go back to Germany though and claim my right to live there etc!I think for the German thing to be considered German its more than by name and heritage, ie you need to speak the language and have observe some aspects of German culture.
It does need clarifying though as to just how far back you go as technically no person in Australia except for maybe Aboriginals can claim to be 100% Australians. So if that is the case what happens then, Parliament would not get anyone elected really! Not being racist here just pointing this out! Not one white person could claim to be Australian though if that is the case of ancestry!
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