One could understand Waters and Ludlam throwing in the towel rather than front the High Court.

However Barnaby Joyce is prepared for his case to be judged by a court, to stand before it personally and be judged. No doubting his cojones.

Any chance of Ludlam's hair lodging an appeal?

ttbn,

Depending on what was discussed during the debates in the 1890s, regarding that provision of the Constitution, there's a small chance that the High Court could determine that what is currently happening is totally removed from what the Founding Fathers had in mind when they passed that provision.

When a literal reading of a provision creates a legal absurdity, judges will sometimes take a purposive approach in interpreting legislation, in the name of justice and fairness. The reasoning behind this is because parliament simply doesn't have the time to amend every ambiguity or loophole in the law.

That being said, the Constitution is generally interpreted far more strictly than all other Acts because of its importance and standing. If I had to wager one way or the other, I'd say Joyce is screwed.

Even if the law is an ass, the court has no option other than to apply the law, Barnyards and other conservatives ignorance is no defense. Possibly Barnyard will use the defense "Your Honour I am a member of the National Party, and you know what that means" The judge will reply "You poor ignorant sod, but guilty as charged!" The short comings of the Constitution were evident from the early days of Federation.

Shadow, are you now claiming Lee Rhiannon is a non citizen?

SR,

The single most important arbiter of citizenship is the country of birth, and for 2 Greens to plead ignorance of citizenship of their birthplace is idiocy. Whereas Joyce is a citizen by ancestry and an obscure NZ citizenship act defunct decades ago.

BJ has done the honourable thing and on the discovery of his dual citizenship has referred himself to the high court. In the interim, he is entitled to sit in Parliament, and having now renounced any possible NZ citizenship he can contest the by-election and thrash Tony Whinger again.

And now it is clear that Labor played an underhand part in this, MT should have no problem referring at least 3 labor MPs to the high court.

Shadow, the honorable thing for these conservative skunks to do, would be to abstain themselves from the Parliament until their legitimacy is established. At the moment there is a cloud over their eligibility to sit in the house, so they should remove themselves.

2 years you say. Remember a week is a long time in politics.

I think Barnaby's situation could be OK.
The court may argue that a country that makes a law that makes
a person in another country its citizen without their knowledge or
agreement is an invalid act.

It could be a very dangerous situation if a state of war came about
someone in the army could be charged with treason and executed if captured.