In December 2015 the Australian Citizenship Amendment (Allegiance to Australia) Act 2015 (Cth) was passed by the Commonwealth Parliament. This controversial addition to the Australian counter-terrorism law framework provided mechanisms for dual citizens who had engaged in terrorism activities to have their citizenship cease.
In this paper I examine the parliamentary process which produced this piece of legislation. I am interested in establishing the extent to which the public activities of the Parliament had an impact on the content of the legislation as actually passed. In so doing, I aim to contribute to the growing literature being developed by legal scholars which focuses on Parliament as a legislative body. I also seek to assess the extent to which the Parliament functioned as a deliberative forum. This is important because if Parliament is acting in this way, it may be able to more effectively ‘balance’ the need to have a robust legal framework to protect national security against the importance of ensuring that those laws do not infringe unduly on individual rights.
Dr Dominique Dalla-Pozza joined the ANU College of Law in 2009. In 2010 she completed her PhD titled the Australian Approach to Enacting Counter-Terrorism Laws at the Gilbert + Tobin Centre of Public Law at the Faculty of Laws at UNSW. She is interested in Australian Constitutional and Public Law, with a particular focus on the law-making activities of the Parliament. She is also continuing to develop her expertise in the area of Australia’s counter-terrorism laws.
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