Ignorantia juris non excusat. Via The Guardian:
The Greens member Larissa Waters may find her way back to the Senate – but not necessarily because the attorney general, George Brandis, is arguing she should still be there.
The popular former senator is expected to announce her plans, after speaking with the Greens leader, Richard Di Natale, following Brandis’s inclusion of her in his argument to keep three government MPs in their jobs – that not being aware of dual citizenship is not a breach of the constitution.
…Di Natale maintains his party was the only one involved in the section 44 saga which showed integrity.
“Although our dual citizenship laws are a relic of the past, the law is very clear that dual citizens are ineligible to stand and that ignorance is no defence. Only the Greens have acted with integrity throughout this process because we believe that for people to have faith in democracy, people within the system need to act with integrity,” he said.
“If the high court decide to overturn decades of precedent and change the interpretation of section 44 of the constitution so that she was eligible for election despite being a dual national, we would welcome back Larissa Waters return to parliament with open arms.”
In his submission to the high court, released on Tuesday afternoon, Brandis argued Barnaby Joyce, Fiona Nash and Matt Canavan, who all received citizenship by descent from their foreign-born parent, had not voluntarily obtained dual citizenship.
Waters and Nick Xenophon, who was referred to the court after discovering he was a British overseas citizen through his Cypriot-born father, have been included under Brandis’s argument.
Malcolm Roberts and Ludlam have been excluded, with Brandis claiming they don’t meet the test, arguing they knew about their dual citizenship conflict upon nominating.
“A person who becomes aware that he or she is a foreign citizen, or who becomes aware [ie subjectively appreciates] that there is a considerable, serious or sizeable prospect that he or she has that status, voluntarily retains that status unless he or she takes all reasonable steps to renounce it within a reasonable time of becoming so aware.
“Alternatively, where a person has no knowledge that they are, or ever were, a foreign citizen, the requirement to take ‘all reasonable steps’ to renounce that foreign citizenship does not require the person to take any steps. Taking no steps is reasonable in these circumstances,” Brandis said.
Gosh, you know what, when I drank 40 stubbies and got into my car I didn’t know I was doing it. Innocent!
When I sped through the school zone at 180kph I didn’t know I was doing it. Innocent!
As my car ploughed through my neighours house all but destroying it, I just didn’t see it there. Innocent!
Ignorance of the law is not an excuse to break it. This is a foundation principle of Roman law and part of the mutual obligation that makes up a functional liberal democracy. It should especially not be bent or broken for those in positions of fiduciary power.
Throw these carpet-baggers out, High Court.
Ignorantia juris non excusat.
