Restriction Imposed on Dual Citizens

Running Head: RESTRICTION IMPOSED ON DUAL CITIZENS
RESTRICTION IMPOSED ON DUAL CITIZENS
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RESTRICTION IMPOSED ON DUAL CITIZENS
Summary
This blog will aim to highlight the issues that have surfaced by the interpretation of section 44(i)
if the Australian Constitution. This section prohibits dual citizens from becoming members of the
Australian Parliament. This has affected the smooth functioning of the parliament and therefore
it has been proposed by many that this section of the constitution should be amended.

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RESTRICTION IMPOSED ON DUAL CITIZENS
According to section 44(i) of the constitution of Australia it can be stated that any person
who holds a dual citizenship is not entitled to be become a member of the Australian parliament
(Legislation.gov.au. 2018). This section had been introduced in the constitution to ensure that
that those who are in charge of governing the country must have undivided loyalty to the country
and must be free from any influence or allegiance to foreign power. This section clearly states
that any person who acknowledges adherence , obedience to any foreign power, or is entitled to
the rights and privileges by virtue of being a citizen of a foreign country is barred from being
chosen as an elected candidate to the house of representative.
However this section of the constitution had been incorporated in the nineteenth century
and was done so to avoid any conflict of interest that may be influenced by loyalty or allegiance
to any foreign nation. However, at the time there had been no concept of Australian citizenship.
Citizens of Australia had been divided into British citizens and aliens (www.abc.net.au 2018).
However it can be mentioned that this section of the Australian Constitution has been perceived
to be archaic by many as the provision of dual citizenship had not been coined at the time when
the constitution was drafted. This issue had been discussed in the remarkable case Sykes v
Cleary by the High court of Australia. The High court in relation to this case had stated that the
assessment of whether an individual is a citizen of a foreign nation has to be determined by the
laws of the nations, the concerned person is a citizen of. The second important point as discussed
by the High court in relation to this case was that no Australian would be disqualified and barred
from taking part in the election and would not be denied the right to be represented in the either o
the houses of the parliament if such concerned person takes reasonable steps to give the
citizenship of the foreign nation.