Decisions Of Stripping Citizenship For Dual Nationals May Rest On Ministers Without Proper Consent
Prime Minister Tony Abbott has been accused of not sharing legal advices from the Solicitor General with full Federal Cabinet on citizenship laws. The Cabinet expressed its exasperation over the issue and stated that the mentioned laws are in violation with the constitutional procedures.
Constitutional Lawyer Professor Greg Craven cautioned Mr. Abbott of humiliation, which he may face in the High Court if he lets ministers strip a suspected terrorist's citizenship, without a proper court hearing. He believes that any endevour to strip dual or single citizenship should be initiated by the court.
Mr. Abbott has made himself unavailable at the moment to answer any sort of questions linked to the report. Sky News reports that only a few ministers, including the Attorney-General and Immigration Minister, have demonstrated the Solicitor-General's recommendation on the arrangement to strip citizenship from dual nationals involved in terrorist activities. In an interview, Mr. Abbott asserted that the law which allows stripping citizenship from dual national terrorists needs to be enforced, keeping domestic safety in mind.
While the government thinks that this arrangement would impersonate laws passed in Britain, Professor Craven argued that the framework set by the law makers shouldn’t be contrasted when it accompanies constitutional rights. He further points out that their written constitution delineates about judicial power being exercised solely by a judge. However, Mr. Craven denied having any personal conversation with Mr. Abbott regarding the issue.
A representative of the Prime Minister said all the proceedings have been very methodical and do not negate the standard practice of the ministers to be involved in the planning of enactment. Malcolm Turnbull, prominent Moderate Cabinet Minister, notified on Tuesday that all measures to combat terrorism must be in conformity with the law.
A member of free market think tank IPA, John Roskam, talked about the prevailing apprehension among the party members. According to Fairfax Media, he believes that instead of this being settled by the High Court, which is liable to think that it is unlawful, it would be better for the administration to comprehend the limitations of what it may or may not be able to do.
Opposition Leader Bill Shorten shared similar views and said the revelations uncovered were indicative of the weakness making inroads to the Abbott government. According to the correspondents at Parliament House, Shorten found the proposed changes to be uncouth and less sustaining. ‘The government needs to put forward its proposed legislation and work with the opposition so together we can make the best laws possible to protect Australians,’ he said.
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