Australian Constitution

1999

Sue v Hill

High Court of Australia(1999) 199 CLR 462

Key Principle

The United Kingdom is a foreign power for the purposes of s 44(i); dual citizens with the UK are disqualified from sitting in Parliament

Senator Heather Hill was found to be a subject of a foreign power (the United Kingdom) under s 44(i) because she held British citizenship. The Court held that following the Australia Acts 1986, the UK is a 'foreign power' within the meaning of the Constitution. This confirmed Australia's full constitutional independence and became hugely practically significant during the 2017 parliamentary eligibility crisis.

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