2018 Lucinda Lecture - Constitutional Law Section 44 – The Other Subsections

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Event Details

20 August 2018 at 12:00 am


Presented by The Honourable Chief Justice Catherine Holmes, Supreme Court of Queensland

Section 44(i) of the Constitution and the dual citizenship cases of the last two years have attracted an extraordinary amount of public attention; the other subsections of s 44 – concerning disqualification for criminal conviction, bankruptcy, pecuniary interest and holding an office of profit under the Crown - less so. They, however, are equally fraught with difficulties of interpretation, and in at least one instance pose a challenge to representative democracy less easily resolved than requiring renunciation of foreign citizenship.

This lecture considers what emerges from the 1890’s Convention Debates about the subsections’ evolution, including some proposed amendments which, had they been accepted, would have radically changed the ramifications of s 44; the jurisprudence which exists in relation to the subsections, and the extent to which clarification has been achieved; and some remaining uncertainties with the potential to cause future headaches for politicians, the High Court and the public.

Event details

Date: Monday 20 August, 2018
Time: 1 - 2pm
Venue: Monash University, Monash Club, Long Room, 32 Exhibition Walk, Clayton Campus
RSVP: Monday 13 August via this LINKThis is a free event. Any queries contact law-marketing@monash.edu


Lucinda Lectures

The SS Lucinda was a steam paddle vessel which occupies a sentimental place in Australian constitutional history. It was on board the Lucinda, during a three-day cruise on the Hawkesbury River from 27 to 29 March 1891, that the drafting committee of the National Australasian Convention made important revisions to the earliest drafts of the Constitution.

Professor La Nauze in The Making of the Australian Constitution stated: ‘[T]he evolving text of the Constitution was at its best after the Lucinda revisions.’

This lecture series is named after the Lucinda and seeks to canvass fundamental issues in Australian constitutional law.


Professor the Honourable Marilyn Warren AC QC, Faculty of Law, Monash University


Professor Marilyn Pittard, Faculty of Law, Monash University and Emeritus Professor HP Lee, Faculty of Law, Monash University

Lucinda Lectures and speakers

1993 The Australian Crown: Its creation and demiseby Professor George Winterton

1994 Judicial reasonings and responsibilities in constitutional cases by Mr Dennis Rose AM QC, Chief General Counsel of the Attorney-General’s Department 1989–1995

1995 Towards 2001 – Minimalism, monarchism or metamorphism? by The Hon. Sir Anthony Mason AC KBE GBM QC, Chief Justice, High Court of Australia, 1987–1995

1996 Social conflict and constitutional interpretation by Emeritus Professor Leslie Zines AO

1997 The Australian Constitution: A centenary assessment by The Hon. Michael Kirby AC CMG, High Court of Australia, 1996–2009

1998 Maintaining public confidence in the judiciary by The Hon. Justice Susan Kenny, Court of Appeal, Supreme Court of Victoria 1997–1998, Federal Court of Australia

1999 The Australian Constitution: Adaptability, change and conflict by Professor Geoffrey Lindell AM

2000 Australian citizenship: Past, present and future by The Rt Hon. Sir Ninian Stephen KG AK GCMG GCVO KBE PC QC, Governor General of Australia, 1982–1989

2001 The shape of representative democracy by The Hon. Murray Gleeson AC QC, Chief Justice, High Court of Australia, 1998–2008

2002 Sir Isaac Isaacs and the workings of the Australian Constitution by The Rt Hon. Sir Zelman Cowen AK GCMG GCVO QC PC, Governor General of Australia, 1977–1982

2003 ...such other federal courts as the Parliament creates: A hundred years of evolution by The Hon. Michael Black AC QC, Chief Justice, Federal Court of Australia, 1991–2010

2004 What separation of powers? by The Hon. Chief Justice Marilyn Warren AC, Supreme Court of Victoria

2005 Judges under fire – How far can the critics go? by The Hon. Ronald Sackville AO, Federal Court of Australia, 1994–2008

2006 Concerning judicial method fifty years on by The Hon. Justice Kenneth Hayne AC, High Court of Australia, 1997–2015

2007 Protecting rights in a federation by The Hon. Justice Pamela Tate, Solicitor-General for Victoria, 2003–2010

2008 The parameters of constitutional change by The Hon. Sir Gerard Brennan AC KBE QC, Chief Justice, High Court of Australia, 1995–1998

2009 Section 92: Markets, protectionism and proportionality – Australian and European perspectives by The Hon. Justice Susan Kiefel AC, High Court of Australia

2011 Interpreting the constitution – Words, history and change by The Hon. Justice Robert French AC, Chief Justice, High Court of Australia

2013 Section 80 – The great constitutional tautology by The Hon. Justice Virginia Bell AC, High Court of Australia

2014 Legislative Intention by The Hon. Justice Stephen Gageler, High Court of Australia

2015 Of lions and squeaking mice in anxious times  by Emeritus Professor H P Lee

2016 The people and the constitution by The Hon. Justice Patrick Keane AC, High Court of Australia