Australian politics, law, justice and eligibility to sit as a federal parliamentarian

Excerpt from Ingrid Matthews’ article in Independent Australia, Hurrah! It's Section Forty-Forganza Week!, 12 October 2017:

REPORTING POLITICS, LAW AND JUSTICE

There are two other general points to make about the media framing of this case. 

The first is the oft-foreshadowed possibility that those MPs who have not done so may be "forced to resign". This is supremely irritating, because no force is involved (unlike, say, how police handled a child here). Any resignation would be a function of the MP failing to comply with our Constitution and of the High Court doing its job.

The absence of force is important, because the biggest claim that common law liberal democracies like Australia make for our system is this: legal and political conflicts are settled in a "civilised" manner. With words, not fists. With elections, not coups. Using evidence and argument, not violence and vigilantism.

The rituals of legal process are imbued with this pretension to courteous resolution. But that is not how the law looks to Black people in prison cells and their families. Or to welfare recipients sent AFP-branded debt notices by Centrelink. We pay Barnaby Joyce over $1 million per three-year term, and thousands more in expenses, while aggressively pursuing the poorest people in society for petty or non-existent offences and debts.

This is not justice.

Similarly, the notion that the "High Court could bring down the Government" is erroneous. If Joyce is disqualified, it would be a product of Joyce’s oversight and not because the High Court exercised some previously unrealised prerogative power in a curial coup. Plus, there are crossbenchers in the Lower House. The member for Indi will support the Government on confidence and supply. Thus a shift from a majority to a minority government does not "bring down a government". Such a narrative is misleading and frankly embarrassing, given we had a minority government a mere four years ago.

In my view, if Joyce could discover and renounce New Zealand citizenship in 2017, he could have done so in 2004 when he nominated for the Senate, or in 2013 for the seat of New England (Wiki history here). This position is based in law and morality. To me it is simply wrong of Joyce to not ensure his eligibility to sit in the Australian Parliament when he receives such enormous largesse from the Australian public to do so. I say largesse because I can not see any value-add to the national interest, any return on our investment, in Joyce and his travels.

So yes, the politics of this case are fascinating, but not necessarily in the ways that are offered up by political reporters. Constitutional law is a serious business, and the law is not a game.

Ingrid Matthews is a sessional academic who teaches law and human rights. You can follow Ingrid on Twitter at @iMusing or via her blog oecomuse.