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41 Adel. L. Rev. 449 (2020)
A Doctrinal and Feminist Analysis of the Constitutionality of the Australian Citizenship Revocation Laws

handle is hein.journals/adelrev41 and id is 463 raw text is: Matilda Gillis * A DOCTRINAL AND FEMINIST ANALYSIS OF THE CONSTITUTIONALITY OF THE AUSTRALIAN CITIZENSHIP REVOCATION LAWS ABSTRACT This article examines the Australian Citizenship Amendment (Allegiance to Australia) Act 2015 (Cth) (the '2015 Amendment Act') and the Australian Citizenship Amendment (Citizenship Cessation Act) 2020 (Cth) (the '2020 Amendment Act') (together, the 'Citizenship Revocation Laws'). These Amendment Acts significantly extended the ways in which the Commonwealth government could deprive dual citizens of their Australian citizenship. This article argues that a classic doctrinal analysis of the Citizenship Revocation Laws does not give a clear answer as to their constitutionality. Rather, it results in two plausible but opposite outcomes. This article contends that this leaves space for other interpretive pathways and accordingly argues that a feminist approach could provide some useful guidance on the questions of constitutionality under consideration here. This feminist analysis suggests both that the 2015 Amendment Act and 2020 Amendment Act should be considered unconstitutional and, more generally, that Australian citizenship is inviolable. 'Ha, banishment? Be merciful, say 'death'; For exile hath more terror in his look, Much more than death. Do not say 'banishment'.1 Romeo and Juliet 'I guess to strip the citizenship from the terrorists who are dual nationals is, if you like, the modern form of banishment'.2 The Hon Tony Abbott MP * PhD Candidate in Law, University of Cambridge. I am very grateful to Professor Kim Rubenstein for her guidance on an earlier version of this article, and for her mentorship. I am also grateful to the two anonymous reviewers for their helpful suggestions. 1 William Shakespeare, The Oxford Shakespeare: Romeo and Juliet, ed Jill L Levenson (Oxford University Press, 2000) 3.3 12-14. 2 'Dual Nationals to Be Stripped', Lateline (Australian Broadcasting Corporation, 2015) 0:2:24-0:2:31 <http://www.abc.net.au/lateline/content/2015/s4261423.htm>.

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