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Australians commonly regard citizenship as central to political life and identity. There is a public expectation that being an Australian citizen carries with it important rights and obligations. Yet the constitutional status, rights and obligations of Australian citizens are by no means clear.
Globally, this is quite unusual. These powers have Being australian the basis for laws giving effect to the White Australia Policy and mandatory immigration detention. Constitutional power to revoke citizenship Parliament has the power to determine who is eligible to be an Australian citizen and when citizenship can be lost.
However, there may be constitutional limits to this power. In a case, Justice McHugh said that parliament cannot: So far, the High Court has not had to determine this question — Australian citizenship legislation has been regarded as safely within constitutional bounds.
The grounds upon which a person may lose Australian citizenship are currently very limited. However, there have been several moves to expand these in the last six months. Most significantly, in February, Prime Minister Tony Abbott suggested that the government may move to significantly expand its powers to revoke the citizenship of dual citizens involved in foreign conflicts.
If such a law is passed, it could provide the basis for a constitutional challenge. This might require the High Court to determine the presently unanswered question of which Australians possess a citizenship that is constitutionally protected.
The suggestion that dual citizens may be targets for citizenship revocation raises questions about whether they have a weaker constitutional status than Australian citizens who hold no other citizenship.
There are two important ways in which the constitutional rights of dual citizens and non-dual citizens could differ. Chief Justice Gleeson explained that voting is critical to democracy, participation in the life of the community and citizenship.
The Commonwealth Electoral Act excludes most non-citizens from voting. Generally, it requires that a person be an Australian citizen.
There is constitutional doubt about whether parliament could exclude from the franchise those holding dual citizenship simply based on that fact. Section 44 i of the Constitution prohibits a person who is a citizen of a foreign power from being a federal MP.
Could parliament use a similar criterion to exclude dual nationals from voting? There would seem to be good reasons that a person holding public office and being a representative of Australia should not also have obligations to a foreign power through dual citizenship.
This may conflict with their official responsibilities. However, the same reason does not apply to excluding dual citizens from voting in Australian elections. Simply being a participant in the political community as a voter while holding a dual nationality does not bring with it the same possibility for conflict with official duties.
These include a wide power to detain aliens without a court order. In a casethe High Court held that with some limited exceptions an Australian citizen cannot be involuntarily detained by the government unless a court has found them guilty of a criminal offence.
The position is different for aliens. They may be detained for the purposes of deportation or processing and investigating a visa application, even if they have not committed any crime.The latest health news from Australia and around the world, as well as tips and information to help you improve your health and wellbeing.
Australian republic referendum, 6 November ; A proposed law: To alter the Constitution to establish the Commonwealth of Australia as a republic with the Queen and Governor-General being replaced by a President appointed by a two-thirds majority of the members of the Commonwealth Parliament.
Do you approve this proposed alteration?' Location. The Australian referendum of 27 May , called by the Holt Government, approved two amendments to the Australian constitution relating to Indigenous regardbouddhiste.comcally it was a vote on the Constitution Alteration (Aboriginals) , which became law on 10 August following the results of the referendum.
The amendments were overwhelmingly endorsed, winning % of votes cast and. On 23 August , the government introduced legislation for structural reform to the federal courts, by bringing the Family Court of Australia and the Federal Circuit of Australia Together as the Federal Circuit and Family Court of Australia (FCFC).
There is a public expectation that being an Australian citizen carries with it important rights and obligations. Engagement in Australia’s political life as a citizen is an inherently constitutional concept. . Boy, Girl.
Artist, Advocate. Courtney Act is more than just the sum of her parts. Entering the UK Celebrity Big Brother house with the wardrobe malfunction seen ‘round the world, Courtney quickly proved she was no ordinary celebrity housemate.