The series of absurd rulings from our High Court has now reached the point where the majority of Australians are debarred from standing for election to Parliament, unless some foreign government chooses to help them. The latest ruling means that even renouncing a citizenship you never sought and have never exercised is not enough. Unless you start the process well before an election is even called, possibly years before, you are ineligible if you were born overseas, have an overseas-born parent and (probably) if you belong to an ethnic group which has a “right of return” to a national homeland. We have yet to explore the possible limits of other exclusion clauses.
There is some poetic justice in the embarrassment now being faced by Labor and Bill Shorten, who wrongly assumed they had prepared for the worst possible cases of High Court idiocy, and gloated over the misfortune of others. But that’s small comfort for anyone who would wish the outcome of democratic elections to be respected.
Until now, the line taken by the supporters of the High Court has been “it’s just a matter of following the rules”. It’s now been made clear that following the rules is impossible. An Australian citizen, even one who has never left Australia, can be ineligible simply because of the dilatoriness, incompetence, or even malice, of a foreign government. And, according to the High Court, there’s nothing they can do about it except wait.
The stupidity and bloody-mindedness of the High Court in this matter is matched by most of the political commentariat, and a large proportion of the Australian public, who will no doubt be represented in comments here.
From experience, I know that lots of readers will not be convinced. So, I will offer a question and answer another.
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