The Concept of Allegiance in Citizenship Law and Revocation: An Australian Study

Irving, H., 'The Concept of Allegiance in Citizenship Law and Revocation: An Australian Study,' Citizenship Studies, 23:4, 2019, pp. 372-387.

Sydney Law School Research Paper No. #19/35

20 Pages Posted: 13 Jun 2019

See all articles by Helen Irving

Helen Irving

The University of Sydney - Faculty of Law

Date Written: June 13, 2019

Abstract

The idea that the citizen owes allegiance to his or her state has long historical roots, and has been repeatedly affirmed in theory and in law. Revocation of citizenship has a long history, too. The most recent Australian example is the 2015 amendment to the Australian Citizenship Act (2007) which provides for the citizenship revocation of terrorists who have demonstrably ‘repudiated their allegiance to Australia.’ Further Australian examples include the constitutional disqualification from parliament of MPs who hold dual citizenship, and proposed tightening of the eligibility criteria for naturalization to include enhanced affirmations of allegiance, and to associate allegiance with national ‘values’. The meaning of allegiance remains, nevertheless elusive, but such examples reveal that the core idea that allegiance to the state must be single and undivided has endured, despite the modern tolerance of dual citizenship. Similarly, the idea that conduct is relevant to citizenship is not new. It is, furthermore, encouraged by many normative theories of citizenship. This paper discusses Australian law as a case-study of allegiance in the conceptualisation of citizenship.

Keywords: Citizenship, Allegiance, Citizenship Revocation, Australia, National Values

JEL Classification: K10, K30

Suggested Citation

Irving, Helen, The Concept of Allegiance in Citizenship Law and Revocation: An Australian Study (June 13, 2019). Irving, H., 'The Concept of Allegiance in Citizenship Law and Revocation: An Australian Study,' Citizenship Studies, 23:4, 2019, pp. 372-387., Sydney Law School Research Paper No. #19/35, Available at SSRN: https://ssrn.com/abstract=3403388

Helen Irving (Contact Author)

The University of Sydney - Faculty of Law ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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