Ensuring Loyalty to the Public: The High Court's Decision to Disqualify Day & Culleton From Parliament

(2017) 39(6) Law Society Bulletin 7-9.

U. of Adelaide Law Research Paper No. 186

Posted: 23 Oct 2018

See all articles by Matthew T. Stubbs

Matthew T. Stubbs

University of Adelaide - School of Law

Date Written: October 19, 2018

Abstract

The fundamental obligation of a member in relation to the Parliament ... is the duty to serve and, in serving, to act with fidelity and with a single-mindedness for the welfare of the community.1 The loyalty to the public of members of the Commonwealth Parliament is secured primarily by the regular and free elections which characterise our representative democracy. An important additional safeguard is s 44 of the Constitution. In Re Culleton [No 2]2and Re Day [No 2],3 handed down in February and April 2017 respectively, the High Court (sitting as the Court of Disputed Returns)4 gave broad interpretations to two of the disqualification provisions of s 44, enhancing the role of s 44 in seeking to ensure that members of the Commonwealth Parliament serve the public.

Keywords: constitutional law, section 44, high court

JEL Classification: K10, K19

Suggested Citation

Stubbs, Matthew T., Ensuring Loyalty to the Public: The High Court's Decision to Disqualify Day & Culleton From Parliament (October 19, 2018). (2017) 39(6) Law Society Bulletin 7-9., U. of Adelaide Law Research Paper No. 186, Available at SSRN: https://ssrn.com/abstract=3269682

Matthew T. Stubbs (Contact Author)

University of Adelaide - School of Law ( email )

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

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

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