Judy Bamberger asks how we can improve section 44 citizenship tests to avoid the trauma faced by MPs with less orthodox backgrounds.
Our politicians can change how the system works today. Section 47 of the constitution allows the Parliament to set any means it likes to resolve disputed eligibility. There is no obligation for the High Court to be involved at all.
A simple bipartisan agreement could be reached to amend the Electoral Act 1918 to prevent spurious referrals, allow for statutory declarations, and provide clear instructions on the appropriate interpretation of section 44. The UK has significantly altered citizenship entitlements no less than 15 times since 1948. The current system is yet to prevent a single treasonous act.
How can we claim a fair go when people are literally being judged by who their parents were?