Apr 23, 2012

There’s no constitutional provision for Slipper standing down. So what now?

There is no provision for "standing aside" in the constitution. The Peter Slipper scandal takes parliament into uncharted waters, writes constitutional expert Peter Black.

There is no provision for “standing aside” in the constitution. But it can’t be assumed standing aside means Peter Slipper has resigned as Speaker, and constitutionally he must still be considered to be the Speaker. As such, he surely cannot be entitled to sit on the backbench and vote on matters before the House of Representatives.


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2 thoughts on “There’s no constitutional provision for Slipper standing down. So what now?

  1. Suzanne Blake

    Maybe he knows more is to come.

    Precendent been set now

  2. Tom McLoughlin

    Ha ha, that’s great work. An academic lawyer writes a whole screed without once mentioning the presumption of innocence which is, you know, sort of a pretty big principle of law. Even Rumpole knew about that one. Sure it’s not a principle of constitutional law, but hey I thought you might at least acknowledge it’s mere allegations, the complainant is no shrinking violet, and these cab charge issues look particularly trivial. Like if there is an error, just reimburse them? Especially if we are getting into areas of discretion and interpretation, less an ironclad precedent.

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