Section 44: Disqualification by Beth Nicolson

Issues with Section 44

bnicolson96 — 2022-09-14 04:15:58 UTC

Identify the legal issue/s

Stakeholder Perspective #1

bnicolson96 — 2022-09-14 04:16:30 UTC

Analyse a stakeholder viewpoint

Stakeholder Perspetive #2

bnicolson96 — 2022-09-14 04:16:49 UTC

Analyse an opposing stakeholder viewpoint

Legal Alternative #1

bnicolson96 — 2022-09-14 04:17:18 UTC

Evaluate a potential solution to this issue

Legal Alternative #2

bnicolson96 — 2022-09-14 04:17:30 UTC

Evaluate another potential solution to this issue

Nature & Scope Notes

bnicolson96 — 2025-10-19 09:05:50 UTC

· A foreign power is a nation or group with the ability to exert influence on the international stage, often through economic or military strength.

· Dual citizenship is an opportunity for individuals to be a citizen of two countries

Stakeholder Perspective #1 Notes

bnicolson96 — 2025-10-19 09:06:23 UTC

- 15 politicians resigned or vacated their seats after the high court UNANIMOUSLY agreed to vote them out in violation of s44 of the Australian Constitution,

- Larissa Waters & Scott Ludlam

- The resignation of Scott Ludlam paves the way for more politician losses.

- Unopposed elected to serve as Deputy Leader alongside fellow greens Larissa Waters.

- In July 14 2017, after Barrister John Cameron told Scott he still retained dual citizenship from New Zealand and forbidden to hold elected office in Federal Parliament under section 44. He was the fist individual to resign, four days later following his resignation, Larissa also resigned following her Canadian Citizenship.

- Ludlam stated he previously once assumed he lost the dual-citizenship following growing up in Australia in his mid-teens and therefore didn’t have knowledge at the time he was still a New Zealand Citizen.

Stakeholder Perspective #2 Notes

bnicolson96 — 2025-10-19 09:07:08 UTC

Legal Alternative #1 Notes

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Legal Alternative #2 Notes

bnicolson96 — 2025-10-19 09:07:48 UTC

Nature & Scope Paragraph

bnicolson96 — 2025-10-19 09:08:52 UTC

Section 44 (i) disqualifies any individual from sitting in Parliament if they are; (1) under adherence, obedience, or acknowledgement to a foreign power; (2) a citizen of a foreign power; (3) or entitled to citizen’ privileges and rights of a foreign power. This has created a parliamentary eligibility crisis where the modern status of Australia is not represented in the context of cultural diversity. In addition, the Commonwealth Electoral Act 1918 requires federal parliamentary candidates to hold Australian citizenship, and due to the nature of vast Australians holding dual citizenship, the current political landscape of Australia is being incorrectly reflected. This issue is evident in the Sue v Hill [1999], through which included a Senator of both British and Australian citizenship at the time of her nomination (Dual Citizenship Debate, n.d.). The High Court deemed her election as invalid, due to declaring that the United Kingdom had evolved into a sovereign and independent nation; as a result, fitting the depiction of Section 44. This is further inconsistent with the primary objective of Australian Government as that of representing the people of Australia, particularly as dual citizenship in Australia is common.

Stakeholder Perspective #1 Paragraph

bnicolson96 — 2025-10-19 09:09:09 UTC

Stakeholder Perspective #2 Paragraph

bnicolson96 — 2025-10-19 09:09:31 UTC

Legal Alternative #1 Paragraph

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Legal Alternative #2 Paragraph

bnicolson96 — 2025-10-19 09:09:59 UTC