Friday , August 23 2019
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It’s come to this

Summary:
To say I’m depressed about the current state of Australian politics would be an understatement. But of all the things that depress me, the possibility of a section 44 case against Josh Frydenberg is the most gratuitously awful. If someone had said, ten years ago, that the Australian-born son of a Jewish refugee was ineligible to stand for Parliament because he had failed to secure necessary documents from the neo-fascist government that currently rules Hungary, they would have been laughed at, and rightly so. Yet, that appears to be the state of the law, as rendered by our appalling High Court. I don’t what I find worst about this. Is it: The gratuitous silliness of the specific rulings in s44 cases ?The absurdity of legal literalism, particularly in the context of

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To say I’m depressed about the current state of Australian politics would be an understatement. But of all the things that depress me, the possibility of a section 44 case against Josh Frydenberg is the most gratuitously awful. If someone had said, ten years ago, that the Australian-born son of a Jewish refugee was ineligible to stand for Parliament because he had failed to secure necessary documents from the neo-fascist government that currently rules Hungary, they would have been laughed at, and rightly so.

Yet, that appears to be the state of the law, as rendered by our appalling High Court. I don’t what I find worst about this. Is it:

  • The gratuitous silliness of the specific rulings in s44 cases ?
  • The absurdity of legal literalism, particularly in the context of constitutional law, where unintended implications can only be fixed by referendum ?
  • The possibility that the Court will add hypocrisy to stupidity by finding some way of rejecting the case against Frydenberg, thereby showing that there was no need for any of the previous rulings?
  • The fact that the case is being brought by a defeated Labor candidate, cheered on by lots of people on the left?

The only consolation is that, as in all previous cases of MHRs (but not Senators) found ineligible, Frydenberg will be able to fix things up (wasting time and effort that might better be spent running the country) and win the unnecessary by-election created by our finest legal minds.

John Quiggin
He is an Australian economist, a Professor and an Australian Research Council Laureate Fellow at the University of Queensland, and a former member of the Board of the Climate Change Authority of the Australian Government.

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