Ep 40: Barnaby Joyce and the Constitutional Conundrum, The Plebiscite, New Chief Justice for Victoria

Barnaby Joyce Dual-Citizenship Status in Question

Barnaby Joyce might be in trouble. Section 44(i) of the Australian Constitution is very clear: it says that any person who is a subject or a citizen of a foreign power, or who is entitled to the rights or privileges of a subject or a citizen of a foreign power, is incapable of sitting as a senator or a member of the House of Representatives.

This appears to have caught several members and senators by surprise in recent weeks, the latest being Deputy Prime Minister Barnaby Joyce. If the High Court determines that Barnaby Joyce is ineligible to sit in parliament, a by-election will need to be called for his seat, placing the entire Turnbull government in serious jeopardy. David and Ron discuss the Australian Constitution, why we have this clause and its relevance in modern Australian politics.

Same Sex Marriage Plebiscite replaced with postal vote

It would appear that the Same-Sex Marriage plebiscite has been replaced with an optional postal vote to be conducted by the Australian Bureau of Statistics. David helpfully offers to run a Survey Monkey campaign and save the taxpayer $122 million. Is the result of the postal vote legally binding in any way? David and Ron discuss the legal grounds of a High Court Appeal which hopes to stop the postal vote from taking place.

New Victorian Chief Justice

And Victoria has a new Chief Justice. Our Attorney General last week announced the appointment of the Honourable Justice Anne Ferguson, replacing retiring Chief Justice Marilyn Warren in October. All this and more on your favourite Law and Order podcast, Prima Facie.

Leave a Reply

Your email address will not be published. Required fields are marked *