New CIS research: No reason to reform S44

There is no reason to reform section 44(i) of the Constitution, a policy paper published today by the Centre for Independent Studies finds.

In his paper, Defending the Dual Citizen Ban, author and former lawyer Simon Cowan outlines why the section should not be changed.

“The High Court got it exactly right. It gave the words of section 44(i) their plain and obvious meaning, despite the political pressure,” Mr Cowan said.

“The case to reform section 44(i) is weak, and that’s why politicians have avoided taking the issue to the people despite multiple reports suggesting a referendum.

Mr Cowan said section 44(i) “doesn’t undermine democracy; it sets out ground rules for everyone to follow — including politicians.”

“Maintaining a ban on dual citizens standing in parliament makes sense: we don’t want politicians to have a conflict of interest.

“The Joint Standing Committee on Electoral Matters raises some valid concerns, but overstates the risks that section 44(i) poses to the functioning of government.

Simon Cowan is Research Director at the Centre for Independent Studies.