TROUBLE AHEAD: UK WAS ALREADY DEEMED A FOREIGN POWER IN 1918
... and High Court has already ruled pollies ineligible
Four-time Walkley Award winning political commentator and Churchill Fellow, has returned to the fray over concern that the integrity of news dissemination is continually being threatened by a partisan media.
The High Court has already made it quite clear when it held in 1999 that holding Dual Citizenship with another country was a breach of Section 44 of the Constitution
Clarifying Eligibility for Parliament Under Section 44 of the Australian Constitution. Section 4:44 (i.) states: ‘Any person who is under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or citizen of a foreign power.’
In the 1999 case of Sue v Hill CLR 462, the High Court found Ms Hill was not duly elected because she held dual citizenship of Australia and the United Kingdom. The Court held that the United Kingdom is classified as a foreign power, within the meaning of s. 44(i) of the Constitution.
High Court's Definition of a Foreign Power
All four judges deciding did find that the United Kingdom was a "foreign power", because it no longer retained any legislative, executive or judicial influence over Australia
The fact still remains that all politicians who have breached Section 44 of the Australian Constitution should be stood down immediately from Parliament for they are in breach of the Australian Constitution and the High Court ruling on dual citizenship and of making a false statements for which there are substantial penalties.
On Page 15 of the Candidates Handbook… “it is against the law to include false and misleading information in a nomination form. Giving false or misleading information is a serious offence.”
Who would be foolish enough put their name to, and then sign, a legal document without first reading and understanding the document?
The following is a copy of that statement Barnaby Joyce and others have declared in the AEC Nomination Form which they signed, and thereby confirmed, that they did understand it.
On the Australian Electoral Commission Nomination Form, Form 60 in the section Candidates Statement and Declaration. "I am not, by virtue of section 44 of the Constitution, incapable of being chosen of sitting as a member of the house of Representatives and I declare I am Qualified under the Constitution and the Laws of the Commonwealth to be elected as a member of the House of Representatives."
The Problem here is there are no checks and balances in place to see that what is stated on the signed Nomination Form ( form 60 ) to see if the declaration is true.
The Candidates 2016 Handbook Page 14 tells each candidate they must satisfy themselves about their own legal position and, if necessary, refer to the exact provisions of the Constitution and the Act, and consult their own lawyers.
There is also the problem with signing the Nomination Form in regards to the Statement in Section 44… “or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power".
Possession of Australian citizenship would be strong prima facie evidence that a person had sole allegiance to Australia, but it would not be conclusive. In other words, Australian citizenship would not 'cancel out' a 'formally or informally' acknowledged allegiance to a foreign power if he or she was entitled to the rights or privileges of a subject or citizen of a foreign power.
There are a number of parliamentarians sitting in the Australian Parliament who are entitled to the rights or privileges of a subject or citizen of a foreign power. To date there has been nothing said about this fact that makes them also ineligible to sit in the Australian Parliament.
Here we see that we have a Government that is trying to hold on to power and make laws with the use of unconstitutionally elected Parliamentarians. All laws that have been made using unconstitutionally elected Parliamentarians must surely be declared illegal.
Why has the Government caused this Constitutional crisis to happened?
Because the Government has not put checks and balances in place to ensure the electoral candidates were indeed legally elected
The fact that this issue has been allowed to drift along for many years is a gross dereliction of duty by our elected parliamentarians.
What happens now if the Prime Minister goes overseas. Would not this leave his illegally elected Deputy Prime Minister, Barnaby Joyce, in his place to run the Country?
Via Colin Atkinson, Larry Pickering N.B. The High Court has no obligation to follow its own, or lower Courts', case law.