CChapter 3: Comparative analysis of nationality laws
A closely linked procedural question is how much
discretion is allowed to the authority responsible for
issuing decisions on nationality. Measuring discretion
from the letter of the law is not easy – a lot will
depend on practice. However, provisions using
terms like “can” and “may” (rather than “will”) with
regard to, for instance, the conferral of nationality
clearly leave room for the relevant authority to
decide whether to do so in a particular case, or
not. The greater the margin of discretion, the more
legal certainty may become an issue, because it
is difficult for potential beneficiaries to predict how
the law will be applied to them. An area in which
there is traditionally greater discretion is with regard
to decisions on naturalisation and this is clearly also
the case in the MENA region. In fact, some of the
nationality laws admit that the requisite authority
has absolute discretion in this regard. For example, in
Saudi Arabia, “the Minister of Interior, in all cases, may
refuse granting Saudi Arabian nationality to aliens,
who have fulfilled all the conditions, which are
prescribed [for naturalisation]”.186 Elsewhere, this
is not explicitly stated in the law but is a matter of
policy. For instance, in Lebanon, the Ministry of
Interior explains that “it is not definite that a foreigner
who meets [the conditions for naturalisation] will be
186 - Article 10, Saudi Arabian Nationality System, 1954.
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