George Brandis has said the high court’s decision in the citizenship seven case demonstrated an “almost brutal literalism” and has contradicted Malcolm Turnbull by effectively ruling out reform of the constitutional bar on foreign citizens serving in parliament. Asked about constitutional change, Brandis said that only about six of 44 referenda have succeeded. On Saturday constitutional law expert, Anne Twomey, said the government could legislate to give clearer notice that candidates must renounce foreign citizenship but could not legislate to automatically take that foreign citizenship away upon nomination. “We were asking the high court to look at the section in view of its purpose and history, the high court instead took the view that the section should be read with a very strict, almost brutal literalism,” he said. Burke said that “all the high court has said in its decision … is the view that they’ve had of the constitution for 25 years is still their view”.
Source: The Guardian October 28, 2017 23:36 UTC