So why is Tony Abbot our Prime Minister? the High Court in 1999 handed down its judgment in Sue v Hill where the Court stripped Heather Hill of her Senate Seat won at the 1998 Federal election. Hill like many Australians, me included was a dual British subject and Australian citizen and was found to have an allegiance to a foreign power under section 44(i) of the Constitution. In so doing the Court’s narrative was based on what Justice Callinan referred to as the “evolutionary theory of nationhood.” As Professor Simpson observed of the High Court obiter dictum and ‘Reasons’ in Mabo where the Court attempted to reconcile historical, political and ideological imperatives, it is an “unresolved jurisprudence” under both international and the common law.
Posted on: Sat, 30 Aug 2014 07:49:47 +0000
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