There has been much speculation about who is or is not validly appointed to both lower and Upper Houses of the Australian Parliament. The issue is now before the High Court of Australia. Related is the issue whether any Ministerial decisions by persons found in breach of section 44 are void.
This is only the tip of the iceberg.
The section 44 and section 64 issues are both very significant. Needless to say, much will depend on how the High Court deals with the ever increasing queue of referred persons.
With both sections being in the Constitution, one can only hope the High Court can come up with a good workable result.
To say that we live in interesting times. If the result is that the referred persons are out and possibly some decisions of Ministers are void or voidable, we will have some real issues to confront.
Some can’t be fixed by Parliament alone.
If the “fix it” ends up requiring a change to sections 44 and/or 64 the Australian Constitution the spectre of a referendum arises. We all know how keen Australians are on amending the Constitution.
Who knows how Australian voters will look upon the issue now with, whether we like it or not and whether good or bad, “origins” being an issue for for some voting members of society?
And, “there’s more”, how would voters look upon constitutional reform to facilitate some politicians remaining who should have known better?