Disqualification of Members of Parliament in Victoria

Monash University Law Review, Vol. 31, No. 2, 2005

34 Pages Posted: 4 Sep 2008  

John Waugh

Melbourne Law School

Date Written: September 3, 2008

Abstract

Laws restricting eligibility for membership apply to all Australian parliaments, but their meaning and effect are often uncertain. The laws governing membership of the Parliament of Victoria are particularly archaic and confused. Successive amendments have been poorly integrated, creating awkward problems of interpretation. Most of the grounds of disqualification were originally derived from British models, but some have remained in Victorian law long after their abolition in the United Kingdom. Questions about their effect arise regularly, but few cases reach the courts, partly because of limitations on justiciability. This article explores the Victorian disqualifications, considering in particular the position of government officeholders and government contractors, and avenues for raising disqualification questions.

Suggested Citation

Waugh, John, Disqualification of Members of Parliament in Victoria (September 3, 2008). Monash University Law Review, Vol. 31, No. 2, 2005. Available at SSRN: https://ssrn.com/abstract=1262696

John Waugh (Contact Author)

Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

HOME PAGE: http://www.law.unimelb.edu.au/staff/John%20Waugh

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