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Melbourne University Law Review
[Vol 41(2):Adv
they are said to pursue. In light of this, the symbolic rationale drawn upon to
support the laws is woefully inadequate.
IV C O N C LU S I O N
Citizenship is often regarded as the most fundamental of human rights. In addition to signifying formal membership of a national community, it is often a
gateway to a host of basic entitlements, including political rights, mobility
rights and rights to consular assistance. It is a concept with a strong rhetorical
dimension in forging understandings of what it is to belong to a community
and in shaping a country’s sense of its own identity. It is for such reasons that
nations have often exercised caution in respect of laws that enable people to
have their citizenship revoked.
Much has changed since the terrorist attacks of 11 September 2001. Within
short succession, the UK, Canada and Australia introduced significant new
citizenship stripping laws, creating a modern framework for banishing individuals seen to be a risk to public safety and the common good. The laws introduced in the three countries were striking in a number of respects. Courts were
afforded little or no role in determining whether a person should be deprived
of their citizenship. Instead, extraordinary powers have been conferred upon
the executive to determine the status of the person in a way that will impact
upon the person’s fundamental human rights, including their right to vote,
their entitlement to the protection of the state, and their capacity to enter and
exit the nation.
The extreme breadth of the recent denationalisation laws threatens fundamental human rights and the rule of law. In light of these effects, the laws should
be supported by strong and cogent justifications. Unfortunately, our analysis
shows that any justifications invoked to support these laws ring hollow in light
of the laws’ experience post-enactment.
The UK, Canada and Australia all justified their expanded denationalisation
laws via both a symbolic rationale, which cast citizenship as conditional upon
allegiant behaviour, and a security rationale, which asserted that citizenship
deprivation is a necessary part of a national security toolkit. Our analysis suggests that the security rationale has not been well served by the laws in any of
the three countries surveyed. At the time of their introduction and thereafter,
these laws have, at best, added little to other national security laws and, at worst,
actually functioned to undermine security, particularly on a global scale.
The symbolic rationale for the laws has been better served: the laws enacted
in each country achieved the symbolic effect of recasting citizenship as a privilege that citizens deserve to be stripped of if they demonstrate disloyalty or pose
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