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	<title>
	Comments on: In Defence of Section 44 of Australia’s Constitution	</title>
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	<link>https://www.theunshackled.net/rundown/in-defence-of-section-44-of-australias-constitution/</link>
	<description>Breaking the chains of control</description>
	<lastBuildDate>Thu, 09 Nov 2017 14:24:00 +0000</lastBuildDate>
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		<title>
		By: mbitsko50		</title>
		<link>https://www.theunshackled.net/rundown/in-defence-of-section-44-of-australias-constitution/#comment-969</link>

		<dc:creator><![CDATA[mbitsko50]]></dc:creator>
		<pubDate>Thu, 09 Nov 2017 14:24:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.theunshackled.net/?p=4941#comment-969</guid>

					<description><![CDATA[Section 44(i) has its origins in 
the &#039;British North America Act 1867&#039; which created the &#039;Canadian&#039; 
confederation from the remaining British North American colonies. The 
U.S. Constitution has an open invitation to the Canadian provinces to 
become part of the United States so the Colonial Office in London 
thought it prudent that Canadian legislatures not have members with ties
 to the U.S. Also Quebec had a French speaking majority whose allegiance
 to the Crown might be compromised by any connection with republican 
France.

The section regarding  disqualification of parliamentarians read as follows:

&quot;If
 he takes an Oath or makes a Declaration or Acknowledgment of 
Allegiance, Obedience, or Adherence to a Foreign Power, or does an Act 
whereby he becomes a Subject or Citizen, or entitled to the Rights or 
Privileges of a Subject or Citizen, of a Foreign Power:&quot;  

The
 1892 draft what was to become the &#039;Commonwealth of Australia Act 1901&#039; 
had as the disqualification for standing for federal parliament, just  
&quot;Is under any acknowledgement of allegiance, obedience, or adherence to a
 foreign power.&quot;

However what went to the Parliament
 at Westminster in 1900 had added &quot;or is a subject or a citizen or 
entitled to the rights or privileges of a subject or citizen of a 
foreign power:&quot;
See: The current High Court Judgement and the &#039;two limbs&#039; of section 44(i).
http://eresources.hcourt.gov.au/showCase/2017/HCA/45

The
 final and current version has the fingers of the Colonial Office all 
over it - noting that at the time a particular concern of the British 
Empire was the expansion of the United States into the Pacific with 
annexations of Hawaii (whose independence had been guaranteed by 
Britain) and the Spanish Philippines - both in 1898.

It
 is also somewhat ironic that the Parliament at Westminster which 
created the Australian Federation has currently no bar on dual citizens 
standing for or sitting in it. (Also the Canadians when they modernised 
their constituion some 35 years ago removed any bar to dual-citizens 
standing for parliament.) 

Note too that a Parliamentary Committee 20 years ago recommended reform of section 44(i)
http://www.aec.gov.au/.../backgrounders/s44-constitution.htm
 but the politicians appear to have believed that the electorate was too
 ignorant, and/or stupid, xenophobic to be convinced to vote &#039;yes&#039; for a
 change. Ample evidence abounds that they may have been right.]]></description>
			<content:encoded><![CDATA[<p>Section 44(i) has its origins in<br />
the &#8216;British North America Act 1867&#8217; which created the &#8216;Canadian&#8217;<br />
confederation from the remaining British North American colonies. The<br />
U.S. Constitution has an open invitation to the Canadian provinces to<br />
become part of the United States so the Colonial Office in London<br />
thought it prudent that Canadian legislatures not have members with ties<br />
 to the U.S. Also Quebec had a French speaking majority whose allegiance<br />
 to the Crown might be compromised by any connection with republican<br />
France.</p>
<p>The section regarding  disqualification of parliamentarians read as follows:</p>
<p>&#8220;If<br />
 he takes an Oath or makes a Declaration or Acknowledgment of<br />
Allegiance, Obedience, or Adherence to a Foreign Power, or does an Act<br />
whereby he becomes a Subject or Citizen, or entitled to the Rights or<br />
Privileges of a Subject or Citizen, of a Foreign Power:&#8221;  </p>
<p>The<br />
 1892 draft what was to become the &#8216;Commonwealth of Australia Act 1901&#8217;<br />
had as the disqualification for standing for federal parliament, just<br />
&#8220;Is under any acknowledgement of allegiance, obedience, or adherence to a<br />
 foreign power.&#8221;</p>
<p>However what went to the Parliament<br />
 at Westminster in 1900 had added &#8220;or is a subject or a citizen or<br />
entitled to the rights or privileges of a subject or citizen of a<br />
foreign power:&#8221;<br />
See: The current High Court Judgement and the &#8216;two limbs&#8217; of section 44(i).<br />
<a href="http://eresources.hcourt.gov.au/showCase/2017/HCA/45" rel="nofollow ugc">http://eresources.hcourt.gov.au/showCase/2017/HCA/45</a></p>
<p>The<br />
 final and current version has the fingers of the Colonial Office all<br />
over it &#8211; noting that at the time a particular concern of the British<br />
Empire was the expansion of the United States into the Pacific with<br />
annexations of Hawaii (whose independence had been guaranteed by<br />
Britain) and the Spanish Philippines &#8211; both in 1898.</p>
<p>It<br />
 is also somewhat ironic that the Parliament at Westminster which<br />
created the Australian Federation has currently no bar on dual citizens<br />
standing for or sitting in it. (Also the Canadians when they modernised<br />
their constituion some 35 years ago removed any bar to dual-citizens<br />
standing for parliament.) </p>
<p>Note too that a Parliamentary Committee 20 years ago recommended reform of section 44(i)<br />
<a href="http://www.aec.gov.au/" rel="nofollow ugc">http://www.aec.gov.au/</a>&#8230;/backgrounders/s44-constitution.htm<br />
 but the politicians appear to have believed that the electorate was too<br />
 ignorant, and/or stupid, xenophobic to be convinced to vote &#8216;yes&#8217; for a<br />
 change. Ample evidence abounds that they may have been right.</p>
]]></content:encoded>
		
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		<item>
		<title>
		By: Bunyip		</title>
		<link>https://www.theunshackled.net/rundown/in-defence-of-section-44-of-australias-constitution/#comment-718</link>

		<dc:creator><![CDATA[Bunyip]]></dc:creator>
		<pubDate>Tue, 18 Jul 2017 01:29:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.theunshackled.net/?p=4941#comment-718</guid>

					<description><![CDATA[Ludlam&#039;s claims about his financial status are incredulous which if true, makes him an unfit person to hold elected office and not a person to be trusted with &quot;helping the economy&quot;. That he couldn&#039;t save money while receiving ~~$200,000 plus all the other perks = gross financial mismanagement
Make him pay the lot back WITH INTEREST]]></description>
			<content:encoded><![CDATA[<p>Ludlam&#8217;s claims about his financial status are incredulous which if true, makes him an unfit person to hold elected office and not a person to be trusted with &#8220;helping the economy&#8221;. That he couldn&#8217;t save money while receiving ~~$200,000 plus all the other perks = gross financial mismanagement<br />
Make him pay the lot back WITH INTEREST</p>
]]></content:encoded>
		
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