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Joyce renounces NZ Citizenship (Read 12746 times)
Auggie
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Re: Joyce renounces NZ Citizenship
Reply #150 - Aug 16th, 2017 at 9:18pm
 
Aussie wrote on Aug 16th, 2017 at 9:16pm:
....and it is not the function of the High Court to do what you say.   Its function is to interpret the Constitution, not manipulate the political agenda.


That's what it precisely does, all the time. The High Court has a consistent record of manipulating the political agenda.

If you don't realize this, then you're extremely naive.
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Re: Joyce renounces NZ Citizenship
Reply #151 - Aug 16th, 2017 at 9:24pm
 
Auggie wrote on Aug 16th, 2017 at 9:17pm:
Aussie wrote on Aug 16th, 2017 at 9:14pm:
Auggie wrote on Aug 16th, 2017 at 9:08pm:
Aussie wrote on Aug 16th, 2017 at 9:03pm:
Quote:
why didn't the High Court just speak the facts, and let the people the decide?


You'll have to clarify that.


The High Court could have said that Sue or Hill? (whichever one it was) was eligible because Britain wasn't, isn't and will never be a foreign power under the current Constitution.

That decision would've spurred national debate on the subject of our sovereignty. It would've provided context for a republican debate.

Instead, the High Court decided to 'get with the times' and make amend the Constitution without actually going through the process.


And where does a 'people decision' fit in there?

A declaration that the UK is/was a foreign power would not require any Constitutional amendment.


In order for it to be legally binding, yes, it would.


Are you suggesting that Section 44 be amended?  If so, exactly how?
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Aussie
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Re: Joyce renounces NZ Citizenship
Reply #152 - Aug 16th, 2017 at 9:25pm
 
Auggie wrote on Aug 16th, 2017 at 9:18pm:
Aussie wrote on Aug 16th, 2017 at 9:16pm:
....and it is not the function of the High Court to do what you say.   Its function is to interpret the Constitution, not manipulate the political agenda.


That's what it precisely does, all the time. The High Court has a consistent record of manipulating the political agenda.

If you don't realize this, then you're extremely naive.


Cite the cases.
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Auggie
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The Bull Moose

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Re: Joyce renounces NZ Citizenship
Reply #153 - Aug 16th, 2017 at 9:30pm
 
Aussie wrote on Aug 16th, 2017 at 9:24pm:
Auggie wrote on Aug 16th, 2017 at 9:17pm:
Aussie wrote on Aug 16th, 2017 at 9:14pm:
Auggie wrote on Aug 16th, 2017 at 9:08pm:
Aussie wrote on Aug 16th, 2017 at 9:03pm:
Quote:
why didn't the High Court just speak the facts, and let the people the decide?


You'll have to clarify that.


The High Court could have said that Sue or Hill? (whichever one it was) was eligible because Britain wasn't, isn't and will never be a foreign power under the current Constitution.

That decision would've spurred national debate on the subject of our sovereignty. It would've provided context for a republican debate.

Instead, the High Court decided to 'get with the times' and make amend the Constitution without actually going through the process.


And where does a 'people decision' fit in there?

A declaration that the UK is/was a foreign power would not require any Constitutional amendment.


In order for it to be legally binding, yes, it would.


Are you suggesting that Section 44 be amended?  If so, exactly how?


By a referendum.
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Auggie
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Re: Joyce renounces NZ Citizenship
Reply #154 - Aug 16th, 2017 at 9:32pm
 
Aussie wrote on Aug 16th, 2017 at 9:25pm:
Auggie wrote on Aug 16th, 2017 at 9:18pm:
Aussie wrote on Aug 16th, 2017 at 9:16pm:
....and it is not the function of the High Court to do what you say.   Its function is to interpret the Constitution, not manipulate the political agenda.


That's what it precisely does, all the time. The High Court has a consistent record of manipulating the political agenda.

If you don't realize this, then you're extremely naive.


Cite the cases.


Engineers case
ABC case regarding free speech ; Lange vs ABC
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Aussie
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Re: Joyce renounces NZ Citizenship
Reply #155 - Aug 16th, 2017 at 9:34pm
 
Auggie wrote on Aug 16th, 2017 at 9:30pm:
Aussie wrote on Aug 16th, 2017 at 9:24pm:
Auggie wrote on Aug 16th, 2017 at 9:17pm:
Aussie wrote on Aug 16th, 2017 at 9:14pm:
Auggie wrote on Aug 16th, 2017 at 9:08pm:
Aussie wrote on Aug 16th, 2017 at 9:03pm:
Quote:
why didn't the High Court just speak the facts, and let the people the decide?


You'll have to clarify that.


The High Court could have said that Sue or Hill? (whichever one it was) was eligible because Britain wasn't, isn't and will never be a foreign power under the current Constitution.

That decision would've spurred national debate on the subject of our sovereignty. It would've provided context for a republican debate.

Instead, the High Court decided to 'get with the times' and make amend the Constitution without actually going through the process.


And where does a 'people decision' fit in there?

A declaration that the UK is/was a foreign power would not require any Constitutional amendment.


In order for it to be legally binding, yes, it would.


Are you suggesting that Section 44 be amended?  If so, exactly how?


By a referendum.


Exactly how will your Section 44(i) read........is what I meant!!!!!!!!!!!
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Aussie
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Re: Joyce renounces NZ Citizenship
Reply #156 - Aug 16th, 2017 at 9:37pm
 
Auggie wrote on Aug 16th, 2017 at 9:32pm:
Aussie wrote on Aug 16th, 2017 at 9:25pm:
Auggie wrote on Aug 16th, 2017 at 9:18pm:
Aussie wrote on Aug 16th, 2017 at 9:16pm:
....and it is not the function of the High Court to do what you say.   Its function is to interpret the Constitution, not manipulate the political agenda.


That's what it precisely does, all the time. The High Court has a consistent record of manipulating the political agenda.

If you don't realize this, then you're extremely naive.


Cite the cases.


Engineers case
ABC case regarding free speech ; Lange vs ABC


What was the 'political agenda' the High Court was pushing in each case?
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Auggie
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The Bull Moose

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Re: Joyce renounces NZ Citizenship
Reply #157 - Aug 16th, 2017 at 9:41pm
 
Aussie wrote on Aug 16th, 2017 at 9:34pm:
Auggie wrote on Aug 16th, 2017 at 9:30pm:
Aussie wrote on Aug 16th, 2017 at 9:24pm:
Auggie wrote on Aug 16th, 2017 at 9:17pm:
Aussie wrote on Aug 16th, 2017 at 9:14pm:
Auggie wrote on Aug 16th, 2017 at 9:08pm:
Aussie wrote on Aug 16th, 2017 at 9:03pm:
Quote:
why didn't the High Court just speak the facts, and let the people the decide?


You'll have to clarify that.


The High Court could have said that Sue or Hill? (whichever one it was) was eligible because Britain wasn't, isn't and will never be a foreign power under the current Constitution.

That decision would've spurred national debate on the subject of our sovereignty. It would've provided context for a republican debate.

Instead, the High Court decided to 'get with the times' and make amend the Constitution without actually going through the process.


And where does a 'people decision' fit in there?

A declaration that the UK is/was a foreign power would not require any Constitutional amendment.


In order for it to be legally binding, yes, it would.


Are you suggesting that Section 44 be amended?  If so, exactly how?


By a referendum.


Exactly how will your Section 44(i) read........is what I meant!!!!!!!!!!!


"If a person shall hold the citizenship of any foreign country, including that of the United Kingdom, or any other nation of the Commonwealth Realm that person shall not be eligible to hold any political office in Australia: notwithstanding he or she is a dual citizen."

Or

"For the purposes of this section, the definition of a foreign power shall extend to include the United Kingdom and any other nation whose head of state is the queen of e United Kingdom".
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Auggie
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Re: Joyce renounces NZ Citizenship
Reply #158 - Aug 16th, 2017 at 9:44pm
 
Aussie wrote on Aug 16th, 2017 at 9:37pm:
Auggie wrote on Aug 16th, 2017 at 9:32pm:
Aussie wrote on Aug 16th, 2017 at 9:25pm:
Auggie wrote on Aug 16th, 2017 at 9:18pm:
Aussie wrote on Aug 16th, 2017 at 9:16pm:
....and it is not the function of the High Court to do what you say.   Its function is to interpret the Constitution, not manipulate the political agenda.


That's what it precisely does, all the time. The High Court has a consistent record of manipulating the political agenda.

If you don't realize this, then you're extremely naive.


Cite the cases.


Engineers case
ABC case regarding free speech ; Lange vs ABC


What was the 'political agenda' the High Court was pushing in each case?


In the first case, the court was attempting to expand the scope of the power of the commonwealth and to abrogate existing theories about a narrow definition of powers for the commonwealth.

In the second case, the court was trying to establish that the constitution implicitly contained a bill of rights in order to check government power.
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Aussie
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Re: Joyce renounces NZ Citizenship
Reply #159 - Aug 16th, 2017 at 9:49pm
 
Quote:
In the first case, the court was attempting to expand the scope of the power of the commonwealth and to abrogate existing theories about a narrow definition of powers for the commonwealth.

In the second case, the court was trying to establish that the constitution implicitly contained a bill of rights in order to check government power.


Not sure I agree with your comments....but to 'go' with them.....neither involve a political agenda.  Both are well within matters of interpretation of the Constitution.

You mark my words....we will hear plenty about 'broad' and 'narrow' interpretations in the Joyce case.
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Auggie
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Re: Joyce renounces NZ Citizenship
Reply #160 - Aug 16th, 2017 at 9:50pm
 
The Constitution contains no implicit right to free speech or to free anything. This was the court trying to expand its power and push an agenda to check the government - something it has no power to do.
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Auggie
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Re: Joyce renounces NZ Citizenship
Reply #161 - Aug 16th, 2017 at 9:51pm
 
Aussie wrote on Aug 16th, 2017 at 9:49pm:
Quote:
In the first case, the court was attempting to expand the scope of the power of the commonwealth and to abrogate existing theories about a narrow definition of powers for the commonwealth.

In the second case, the court was trying to establish that the constitution implicitly contained a bill of rights in order to check government power.


Not sure I agree with your comments....but to 'go' with them.....neither involve a political agenda.  Both are well within matters of interpretation of the Constitution.

You mark my words....we will hear plenty about 'broad' and 'narrow' interpretations in the Joyce case.


The political agenda is giving Canberra more power - that's the agenda.
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Re: Joyce renounces NZ Citizenship
Reply #162 - Aug 16th, 2017 at 9:53pm
 
Auggie wrote on Aug 16th, 2017 at 9:41pm:
Aussie wrote on Aug 16th, 2017 at 9:34pm:
Auggie wrote on Aug 16th, 2017 at 9:30pm:
Aussie wrote on Aug 16th, 2017 at 9:24pm:
Auggie wrote on Aug 16th, 2017 at 9:17pm:
Aussie wrote on Aug 16th, 2017 at 9:14pm:
Auggie wrote on Aug 16th, 2017 at 9:08pm:
Aussie wrote on Aug 16th, 2017 at 9:03pm:
Quote:
why didn't the High Court just speak the facts, and let the people the decide?


You'll have to clarify that.


The High Court could have said that Sue or Hill? (whichever one it was) was eligible because Britain wasn't, isn't and will never be a foreign power under the current Constitution.

That decision would've spurred national debate on the subject of our sovereignty. It would've provided context for a republican debate.

Instead, the High Court decided to 'get with the times' and make amend the Constitution without actually going through the process.


And where does a 'people decision' fit in there?

A declaration that the UK is/was a foreign power would not require any Constitutional amendment.


In order for it to be legally binding, yes, it would.


Are you suggesting that Section 44 be amended?  If so, exactly how?


By a referendum.


Exactly how will your Section 44(i) read........is what I meant!!!!!!!!!!!


"If a person shall hold the citizenship of any foreign country, including that of the United Kingdom, or any other nation of the Commonwealth Realm that person shall not be eligible to hold any political office in Australia: notwithstanding he or she is a dual citizen."

Or

"For the purposes of this section, the definition of a foreign power shall extend to include the United Kingdom and any other nation whose head of state is the queen of e United Kingdom".


Damned if I can see why....when it is obvious that they are all 'foreign powers' without any need to name them.

Australia is a sovereign nation.......stands alone....and is bound to no other Country except by Treaty, and is not joined at the national hip with any other sovereign nation.
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Auggie
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Re: Joyce renounces NZ Citizenship
Reply #163 - Aug 16th, 2017 at 10:22pm
 
Aussie wrote on Aug 16th, 2017 at 9:53pm:
Auggie wrote on Aug 16th, 2017 at 9:41pm:
Aussie wrote on Aug 16th, 2017 at 9:34pm:
Auggie wrote on Aug 16th, 2017 at 9:30pm:
Aussie wrote on Aug 16th, 2017 at 9:24pm:
Auggie wrote on Aug 16th, 2017 at 9:17pm:
Aussie wrote on Aug 16th, 2017 at 9:14pm:
Auggie wrote on Aug 16th, 2017 at 9:08pm:
Aussie wrote on Aug 16th, 2017 at 9:03pm:
Quote:
why didn't the High Court just speak the facts, and let the people the decide?


You'll have to clarify that.


The High Court could have said that Sue or Hill? (whichever one it was) was eligible because Britain wasn't, isn't and will never be a foreign power under the current Constitution.

That decision would've spurred national debate on the subject of our sovereignty. It would've provided context for a republican debate.

Instead, the High Court decided to 'get with the times' and make amend the Constitution without actually going through the process.


And where does a 'people decision' fit in there?

A declaration that the UK is/was a foreign power would not require any Constitutional amendment.


In order for it to be legally binding, yes, it would.


Are you suggesting that Section 44 be amended?  If so, exactly how?


By a referendum.


Exactly how will your Section 44(i) read........is what I meant!!!!!!!!!!!


"If a person shall hold the citizenship of any foreign country, including that of the United Kingdom, or any other nation of the Commonwealth Realm that person shall not be eligible to hold any political office in Australia: notwithstanding he or she is a dual citizen."

Or

"For the purposes of this section, the definition of a foreign power shall extend to include the United Kingdom and any other nation whose head of state is the queen of e United Kingdom".


Damned if I can see why....when it is obvious that they are all 'foreign powers' without any need to name them.

Australia is a sovereign nation.......stands alone....and is bound to no other Country except by Treaty, and is not joined at the national hip with any other sovereign nation.


Question: who is Australia's Head of State?
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Re: Joyce renounces NZ Citizenship
Reply #164 - Aug 17th, 2017 at 6:12am
 
HI ALL
is now gone hews
Joyce should not be there at all? Just because the British citizenship is now gone does not mean that he was not over all other elections he has been through.

Cool
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