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Melbourne University Law Review
[Vol 41(2):Adv
and that this requires a legislative response. The security rationale is based on
the idea that these undesirable citizens may pose a threat to national security
and that managing this risk of harm warrants removing them from the citizenry
and, where possible, from the nation itself. By contrast, the symbolic rationale
is less grounded in pragmatic considerations. It asserts that certain members of
the citizenry do not deserve to hold citizenship, irrespective of whether or not
the fact that they hold it presents an increased risk of harm.
In this article, we examine the efficacy of the recent moves to legislate for
citizenship stripping in the UK, Canada and Australia in light of these stated
goals. In Part II, we outline recent citizenship stripping legislation enacted in
each of the three countries, and situate this in the context of other national security laws. We then seek to determine the extent to which expanding the
grounds for citizenship stripping has served the security and symbolic justifications that the government in each country supplied in support of this move.
In doing so, we recognise the limitations of our analysis. It is not possible to
undertake a comprehensive assessment of the efficacy of these laws given our
lack of access to intelligence and other sensitive information. It is also not possible to measure empirically the contribution that they have made to national
security. Instead, we examine the extent to which the expanded citizenship
stripping laws serve security justifications by looking at publicly available information about the use of such laws, as well as the extent to which they cover
the same ground as other national security legislation.
A significant development that has occurred since this article was written is
that the Canadian denationalisation legislation that we analyse has been repealed, just three years after its enactment.8 Interestingly, the decision to repeal
this legislation, much like the decision to introduce it, appears to have been
underpinned by a symbolic rationale: in this case one that emphasises the security of citizenship as a status, irrespective of the ‘deservingness’ of each individual citizen. Our analysis has been updated to take account of and to reflect
upon this.
In Part III, we identify and explore some key themes that arise out of the
cross-jurisdictional analysis conducted in Part II. The resurrection of denationalisation powers in the UK, Canada and Australia forms part of a broader global
trend towards invoking citizenship stripping as a response to national security
8
See Bill C-6, An Act to Amend the Citizenship Act and to Make Consequential Amendments to
Another Act, 1st Sess, 42nd Parl, 2016 (‘Bill C-6’), amending Citizenship Act, RSC 1985, c C-29,
s 10(2) (‘Canadian Citizenship Act’).
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