Leadership: And the winner is, the lawyers

Between dual citizenship and pecuniary interests, this federal parliament has provided a picnic for constitutional lawyers.

"Let's kill all the lawyers," a Shakespearean character famously said. And that was without watching Australia's hilarious 45th parliament.

Never before have lawyers, mainly of the constitutional variety, been so active.

The great honey pot is Section 44 of the Constitution, which has wrecked careers and launched unlikely ones.

Most S44 victims have been caught by the dual citizenship trap.

A conga line of MPs and senators have learnt to their cost that dual citizenship can be acquired in the most obscure ways and filling in a form and leaving it to the relevant diplomatic bureaucracy isn't good enough.

The High Court, an assemblage of particularly elevated lawyers, has been very strict about this.

Overall, eight senators and seven lower house were either kicked out by High Court ruling or pre-emptively resigned.

They included then deputy Prime Minister Barnaby Joyce and Senate President Stephen Parry.

An interesting by-product was that all seven lower house by-elections maintained the status quo. Six of the S44 offenders were voted back in and the seventh seat, Batman, was retained by Labor with a new candidate.

Voters obviously didn't hold dual citizenship, or slackness, against their members.

But there's more to S44 than dual citizenship.

Another part of it says you can't be an MP if you're getting money from the taxpayers (apart from salary and expenses).

This caught Family First's Bob Day, who was also in strife because he was bankrupt.

Now it's becoming seriously famous because it might have caught Peter Dutton over his family's child care centres which receive Commonwealth subsidies.

The Solicitor-General, in 26 dense pages of lawyer-speak, has concluded that Dutton is probably safe.

But he can't be definitive. No-one can be when it comes to the High Court.

However, it's not all weighty constitutional stuff.

For senators Sarah Hanson-Young and David Leyonhjelm it's defamation lawyers at close quarters.


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Source: AAP



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