Citizenship mess

IT APPEARS our “political leaders” have really created a minefield for themselves with the dual citizenship fiasco or rather the potential disqualification of members of Parliament under Section 44 of the Australian Constitution fiasco.

An Act to constitute the Commonwealth of Australia was passed by the United Kingdom Government and proclaimed by Queen Victoria on September 17, 1900 (prior to the formation of the Commonwealth of Australia Government) and this Act remains an Act of the United Kingdom Government and not of the Australian Government. Clause 9 of this Act is the Commonwealth of Australia Constitution, which contains eight Chapters (totalling 128 Sections). The contents of these 128 Sections only may be amended by the Australian Government by referendum in which a majority of the electors in a majority of the States vote for the amendment.

Section 44 of the Constitution 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 a citizen of a foreign power; or...

shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.

So not only does this section disqualify a citizen of a foreign power from sitting in either House, but it also disqualifies anyone who has sworn allegiance to a foreign power. Included in the Act to constitute the Commonwealth of Australia is a Schedule containing the Oath or Affirmation (which must be sworn by each elected member prior to taking their place in either House). The Oath states I, A.B., do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, Her heirs and successors according to law. So help me God

This would suggest that every member of Parliament (both Houses), upon swearing the Oath (which they must do) have sworn allegiance to a foreign power and thus have made themselves ineligible to sit in either House. As the Oath is outside Clause 9 it cannot be changed by referendum but only by the United Kingdom Government and that government has not elected to change it. If every member of both Houses is invalid then surely every law passed in both Houses is also invalid.

The Overview within the Constitution states any action, including legislative action, is invalid if it is contrary to the Constitution. Swearing the Oath of allegiance to a foreign power is contrary to the constitution and invalidates all those who have sworn it ie every politician past and present.

There is some relief for the poor down trodden elector though under

Section 46 Penalty for sitting when disqualified

Until the Parliament otherwise provides, any person declared by this Constitution to be incapable of sitting as a senator or a member of the House of Representatives shall, for every day on which he so sits, be liable to pay the sum of one hundred pounds to any person who sues for it in any court of competent jurisdiction.

Would be interesting if every person in Australia sued every politician for $200 per day for every day they have sat in either house of Parliament.