Dawson, MacArthur and Solomon - potential Constitution breaches

[pazza]

Was just reading that 3 of the Liberal electees may have been in breah of the constitution, as they were serving local councillors at the time of the election.

Taken from today's Herald-Sun (yet not online):

Liberal MP Russell Matheson (MacArthur), Country Liberal Party's Natasha Griggs (Solomon) and the LNP's George Christensen (Dawson). The High Court challenge, has a one-in-four chance of winning, according to constitutional law expert George Williams

Far from over for either side.

 

[Max zero]

Just what we need, the courts involved.

 

[Messenger]

So they needed to resign before they ran?

They'll have a by-election and get in again.

 

[Subprime]

Takes about 3 years to get a case to the High Court, no?

 

[Caesar]

It's a beat-up. The provisions preventing holders of an 'office of profit under the Crown' have only ever been applied to employees of state and federal governments in Australia. The local government aspect has never been tested in court, but it would be unlikely to stand up because local government are not directly responsible to a Minister of the Crown.

I am very surprised to see George Williams giving it such a high chance of success - I suspect once more experts start weighing in the odds will drop quite substantially. It's a legitimate challenge, but a long shot.

 

[Ray Nolan]

So they needed to resign before they ran?

They'll have a by-election and get in again.

This.

Waste of the Court's time really, if anything they'll increase their majorities at a by-election.

 

[Caesar]

Seriously, I doubt it will be a problem. When I was at university, our ConLaw tutor did some research for one of the economics professors (who was also a local councillor) on this exact issue before he ran for state government. The conclusion was that it almost certainly wouldn't be a problem.

Local councillors have been running for state/federal office for decades. Heck, the NSW Member for Lake Macquarie used to also hold down the job of Mayor whilst he was sitting in State Parliament.

 

[AndSmithMustScore]

Who is challenging it and whose money is being wasted?

 

[DeanoT]

If I remember correctly, the same happened to Phil Cleary in Wills. I'm pretty sure the rules around eligibility for federal parliament are very rigid. Would not surprise me if the courts ruled their candidacy to be invalid.

 

[jo172]

If I remember correctly, the same happened to Phil Cleary in Wills. I'm pretty sure the rules around eligibility for federal parliament are very rigid. Would not surprise me if the courts ruled their candidacy to be invalid.

Huge factual differences in terms of Executive employment.

 

[Caesar]

Huge factual differences in terms of Executive employment.

Yup.

No executive warrants in local government. State/federal is a completely different kettle of fish.

 

[Bodicifer]

Who is challenging it and whose money is being wasted?

1. Labor
2. Ours

They should just scissors paper rock it.

 

[DeanoT]

Huge factual differences in terms of Executive employment.

Isn't local government effectively a quasi-state government institution?

 

[jo172]

Isn't local government effectively a quasi-state government institution?

Yes, but the thrust of the Court's decision in Willis was maintaining the separation of powers.

A teacher is a public servant member of the executive.

It would expand dramatically on this doctrine to have every local Councillor considered part of the State's executive government IMO.

Having said that, with the current attitude of the High Court anything is possible.

 

[morgoth]

Was just reading that 3 of the Liberal electees may have been in breah of the constitution, as they were serving local councillors at the time of the election.

Taken from today's Herald-Sun (yet not online):



Far from over for either side.

Getting desperate. Gillard could not beat the unelectable Abbott and so her fan boys start grasping at straws.

 

[tandino]

There were questions of George Newhouse's eligibility to stand for election for the seat of Wentworth in 2007, primarily because of his position on the Consumer, Trader and Tenancy Tribunal of New South Wales. It turns out that he was also Mayor of Waverley as well.

His legitimacy was never tested because, obviously, he wasn't successful.

 

[fairdinkum]

Getting desperate. Gillard could not beat the unelectable Abbott and so her fan boys start grasping at straws.

Give it up, Morgy. As if you wouldn't be jumping up and down if the challenge were against three ALP candidates.

 

[patsmith]

Didn't an identical thing happen last election? Absolute waste of time and effort.

 

[Clay Davis]

Having said that, with the current attitude of the High Court anything is possible.

Sounds like every institution is against the Liberals.

 

[jo172]

Sounds like every institution is against the Liberals.

Not so much 'against the Liberals' as being liable to read things into the Constitution that just aren't there.

As each day passes the French court looks more like the Mason court and i expect the decisions in Tontani and Getup to further illustrate this.

 

[Clay Davis]

Not so much 'against the Liberals' as being liable to read things into the Constitution that just aren't there.

As each day passes the French court looks more like the Mason court and i expect the decisions in Tontani and Getup to further illustrate this.

Yeh totally. It's mad.

 

[1jasonoz]

Section 34 of the Constitution is also interesting as well.

 

[finders]

So they needed to resign before they ran?

They'll have a by-election and get in again.

I would very much doubt it! Voters hate being dragged to unwanted polls and usually punish the people that caused the problem.

 

[Caesar]

Section 34 of the Constitution is also interesting as well.

Parliament passed an Act to 'otherwise provide' a long time ago.

 

[jo172]

Parliament passed an Act to 'otherwise provide' a long time ago.

The Constitution, particularly one as stupidly written as ours really shouldn't be handed over the amateurs