Australia: judgment of the High Court of Australia of 27 October 2017 in the case Re Canavan et al., case ref. no. (2017) HCA 45 Cover Image

Australia: wyrok Sądu Najwyższego z 27 października 2017 r. w sprawie Re Canavan i inni, sygn. (2017) HCA 45
Australia: judgment of the High Court of Australia of 27 October 2017 in the case Re Canavan et al., case ref. no. (2017) HCA 45

Contributor(s): Marcin Rulka (Translator)
Subject(s): Constitutional Law
Published by: Kancelaria Sejmu
Keywords: democracy; dual citizenship; right to be elected;

Summary/Abstract: In its judgment, the High Court of Australia interpreted Article 44 of the Constitution, stating that “Any person who is under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power, shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives”. The case referred to six senators and one member of the House of Representatives elected in the elections of 2 July 2016. It was to be decided, whether their dual citizenship allows them to exercise the mandate of an MP. It stems from the judgment that the citizenship of another country— even if it is involuntary — shall result in the expiry of the holder’s mandate.

  • Issue Year: 2018
  • Issue No: 6
  • Page Range: 253-264
  • Page Count: 12
  • Language: Polish
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