Who has discretionary energy over who will get to be an Australian citizen or not? The Excessive Courtroom is wrestling management from the federal government, which appears unwilling to cede it.
Manner again in 2015, Tony Abbott’s authorities launched a invoice inserting a few new sections within the Citizenship Act, which offered for having your Australian citizenship cancelled by the minister in case you’d executed unhealthy issues that she or he thought of inconsistent along with your “allegiance to Australia”.
I wrote on the time that I used to be “about 60% satisfied it’s constitutionally invalid”. Took eight years, however seems I used to be proper.
The Excessive Courtroom has killed off — hopefully lastly — the notion that the manager arm of presidency can purloin for itself the ability to impose the traditional punishment of banishment from the realm, which is what citizenship revocation actually is. That, like all felony punishment, is a perform the structure reserves completely for the courts.
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