The Forum > General Discussion > Oath by Members of Parliament
Oath by Members of Parliament
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I was not aware that the wording of the oath was in the Australian constitution - I mistakenly assumed that it was a matter of simple legislation.
As I read it again, I believe that "according to law" refers to the method and order of succession ("Her heirs and successors according to law"), rather than to any laws governing legislators and/or ordinary citizens.
Perjury, on the other hand, is determined by ordinary law rather than by the constitution, so that could be changed even without a referendum by adding a clause in criminal code such as "unless the oath/affirmation was preceded by a clear announcement by the person who made that oath/affirmation that they do not intend to abide by it".
Still there is the religious aspect against breaking an oath, which no legislation can change, but this can be overcome by making an affirmation instead. Another option is to elect a Jewish representative, who can then be absolved of their oath by the "Kol Nidrei" prayer on the eve of the following day of atonement (Yom-Kippur, around the end of September or beginning of October, so they would still need to keep their oath for the remaining part of the year).
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Dear Paul,
«please provide evidence that any member of parliament was anti monarchy at the time of swearing»
That should not matter (in other words, it is a red-herring): the oath of allegiance to her majesty has little to do with the monarchy/republic quarrel. A representative who makes this oath is bound by it for the rest of their life, even if their views change, even long after they leave parliament, even if Australia subsequently becomes a republic, even if Australia was submerged by the ocean and no longer existed (assuming they were somehow saved).