Eligibiilty of Dual Citizens: The Coming-of-Age of Section 44

Eligibility of Dual Citizens: The Coming-of-Age of Section 44’ (2018) 40(1) Law Society Bulletin 6-9

U. of Adelaide Law Research Paper No. 2018-67

5 Pages Posted: 8 Oct 2018

See all articles by Matthew T. Stubbs

Matthew T. Stubbs

University of Adelaide - School of Law

Adam Webster

University of Oxford - Blavatnik School of Government

Date Written: September 25, 2018

Abstract

In 2017, Australia played host to “the world’s most ridiculous constitutional crisis”. Section 44 of the Australian Constitution, which had been invoked in only a handful of cases to find candidates ineligible to be chosen to sit in the Commonwealth Parliament, was suddenly at the forefront of national attention. So was the High Court, sitting as the Court of Disputed Returns, which by the end of 2017 had ruled that eight of the 10 individuals it had examined were ineligible to have been elected at the 2016 election.

Keywords: Eligibiilty of dual citizens, Australian Constitution, Section 44

JEL Classification: K1

Suggested Citation

Stubbs, Matthew T. and Webster, Adam, Eligibiilty of Dual Citizens: The Coming-of-Age of Section 44 (September 25, 2018). Eligibility of Dual Citizens: The Coming-of-Age of Section 44’ (2018) 40(1) Law Society Bulletin 6-9; U. of Adelaide Law Research Paper No. 2018-67. Available at SSRN: https://ssrn.com/abstract=3254735

Matthew T. Stubbs (Contact Author)

University of Adelaide - School of Law ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia
+61883133530 (Phone)

HOME PAGE: http://www.adelaide.edu.au/directory/matthew.stubbs

Adam Webster

University of Oxford - Blavatnik School of Government ( email )

10 Merton St
Oxford, Oxfordshire OX1 4JJ
United Kingdom

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