Greens resignations show a need to change dual citizenship requirements July 20, 2017 Changing constitutional requirements: Finlay says the resignations show a need for conversation that disqualify dual citizens Off the back of resignations of Greens co-deputy leaders Scott Ludlam and Larissa Waters, Murdoch University’s Lorraine Finlay has published an article that shows a need for a conversation about changing constitutional requirements that disqualify dual citizens. On Tuesday, Deputy Greens leader Larissa Waters resigned from the Senate after it was revealed she holds dual citizenship and should never have been elected to Federal Parliament. Ludlam resigned after he was found to hold a New Zealand citizenship. In the article published on The Conversation, Finlay says it is expected the Senate will refer both matters to the High Court, sitting in its capacity as the Court of Disrupted Returns. “The court will almost certainly find both senators ineligible based on their dual citizenship. It will declare the resulting vacancies should be filled by a recount of the ballot papers from the 2016 federal election,” said the School of Law lecturer. “Section 44 of the Constitution sets out several disqualifications that result in a person being ‘in capable of being chosen or sitting as a senator or a member of the House of Representatives’. Section 44(i) effectively means that dual citizens are not ordinarily eligible to be elected to parliament.” Finlay says several expert bodies and parliamentary committees have considered Section 44(i) over the years and recommended reform. “When considering changes to Section 44(i), the key is to strike the right balance between maximising participation by Australian citizens while also safeguarding the national interest. Given the events of the past week, now is an opportune time to engage in that conversation,” she said. The full article published on The Conversation can be viewed here. Print This Post Media contact: Luke McManus Tel: (08) 9360 2491 | Mobile: 0400 297 221 | Email: L.McManus@murdoch.edu.au Categories: General, Hot topics, school of law Tags: citizenship, consitution, greens, larissa waters, lorraine finlay, school of law, scott ludlam, section 44, senate, the conversation australia Leave a comment Name (required) Mail (will not be published) (required) Website You can use these tags : <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong> We read every comment and will make every effort to approve each new comment within one working day. To ensure speedy posting, please keep your comments relevant to the topic of discussion, free of inappropriate language and in-line with the editorial integrity of this newsroom. If not, your comments may not be published. Thanks for commenting!