'From this Time Forward... I Pledge My Loyalty to Australia': Loyalty, Citizenship and Constitutional Law in Australia

LOYALTIES, Victoria Mason, Richard Nile, eds., Symposia Series, API Network Press, 2005

ANU College of Law Research Paper No. 08-09

15 Pages Posted: 8 May 2008

Abstract

A major change in Australian citizenship law occurred on 4 April 2002. On that day, the governor-general of Australia assented to the passage of the Australian Citizenship Amendment Act 2002 (Cth). Before that date, Australian citizens who took up a new citizenship (like Rupert Murdoch taking up US citizenship) automatically lost their Australian citizenship. Central to the former provision, and the 2002 changes, is a view of loyalty and allegiance to the nation-state. This chapter examines how those concepts of loyalty and allegiance are central to discussions on citizenship, and how they are reflected in Australian citizenship law. Moreover, it argues that the change on dual citizenship in Australia has constitutional ramifications; for example, section 44 of the Constitution prevents dual citizens from running for parliament. The chapter concludes with the proposal that the Constitution needs amendment to reflect modern notions of commitment over outdated notions of sole allegiance to one country.

Suggested Citation

Rubenstein, Kim, 'From this Time Forward... I Pledge My Loyalty to Australia': Loyalty, Citizenship and Constitutional Law in Australia. LOYALTIES, Victoria Mason, Richard Nile, eds., Symposia Series, API Network Press, 2005, ANU College of Law Research Paper No. 08-09, Available at SSRN: https://ssrn.com/abstract=1130626

Kim Rubenstein (Contact Author)

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

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