ABC political analyst Antony Green is predicting that Kevin Rudd will seek a double dissolution election in July-August. A double dissolution election can’t be held after 10 August because Constitution s57 forbids a double dissolution within 6 months of the expiry of the House of Representatives’ term “by effluxion of time” and that expiry occurs on 10 February 2011.
Antony Green presents a superficially plausible scenario for the reasons he outlines. In fact so superficially plausible that I got Antony to present an online seminar on the subject to CDU law students and academic staff a couple of weeks ago. It was a useful way of teaching about the constitutional aspects of the deadlock and double dissolution provisions of Australia’s Constitution in an immediate practical context, and we’re grateful for Antony’s willing participation. There isn’t much he doesn’t know about elections including their legal and constitutional dimensions.
However, the more I think about the practicalities the more I doubt that Rudd will choose the double dissolution option. The only double dissolution “triggers” Rudd currently possesses are the package of Emissions Trading Scheme bills rejected for a second time last December in the wake of Malcolm Turnbull’s demise and the bill to cut private health insurance rebate benefits to high income earners. The latter not only involves increasing taxes (albeit only to high income earners) but a broken election promise. Rudd specifically promised not to do this at the 2007 election. Hardly a propitious launching platform for an election.
Presenting the ETS bills as the trigger for a double dissolution election presents even greater political dangers. A double dissolution election would certainly breathe new life into Tony Abbott’s “Great Big New Tax” propaganda line. Abbott managed to neutralise that potentially powerful message by proposing his own “Great Big New Tax” to fund paid maternity leave. However a double dissolution would allow him to claim truthfully that the result of returning the Rudd government might well be that the ETS legislation would be passed in a parliamentary joint sitting, thereby actually inflicting the Great Big New Tax that the Coalition and Greens have so far managed to stymie in the Senate.

From today’s Crikey:
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