Cases

Question 1

Dual Citizenship

Answer 1

• The primary dispute was whether the seven MPs were eligible to be MPs of Australia due to dual citizenship
• The High Court interpreted the constitution to rule that if someone is a citizen of another country, they are ineligible to be an MP
• To qualify, they must take all reasonable steps to renounce citizenship before being nominated for election
• Examples include Barnaby Joyce and Matt Canavn
• Parliament lost a number of MPs, leading to by-elections and a referendum to change dual-citizenship
• S.76 shows that the Court’s role is to clarify Constitutional errors when they arise

Question 2

Love vs Thoms

Answer 2

• The law/issue in dispute was the Migration Act of 1958
• According to this, and based on a 2014 change to the Act, the government sought to deport Love and Thoms as foreigners
• Both men were determined to be unaffected by immigration laws and allowed to continue as Australian Aboriginal citizens due to their relationship with the land
• High Court has the power to limit the government’s power to protect fundamental rights and freedoms

Question 3

Legitimacy upheld

Answer 3

• Equal Vote (All citizens must have an equal say in elections and each vote is equal)

Question 4

Justice upheld

Answer 4

• No one is above the law
• Justice is upheld in Australia through our independent and impartial judicial system by upholding the principle of the rule of law

Question 5

Freedom upheld

Answer 5

• Freedom is protected through a range of laws at the federal and state and territory levels, the Australian Constitution, and the common law

Question 6

Legitimacy not upheld

Answer 6

• aboriginal rights
• in 1962 they got the right to vote
• 1967 put in the constitution
• aboriginal people do not participate because they believe the government would not listen
• Corrupt government

Question 7

Justice not upheld

Answer 7

• A council member for the Greens in Queensland says that he is repeatedly targeted by police for protest-related incidents
• Jonathan Sriranganathan believes he has been targeted and harassed by police officers due to racism, resulting in a threat to justice
• He was accused of trespassing and impeding officers in a nonviolent demonstration
• Lack of knowledge about rights

Question 8

Freedom not upheld

Answer 8

• the Kamer case (terrorism laws)
• loss of freedom of association and movement