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- Title
MORE THAN JUST A HUMBLE ABODE: THE IMPLICATIONS OF CONSTITUTIONAL CITIZENSHIP RIGHTS FOR PASSPORT LAW.
- Authors
DI LIZIA, FABIAN
- Abstract
An Australian citizen is abroad and wants to return home. The Commonwealth cancels their passport and refuses to issue a new one, effectively excluding them from Australia. What remedy does the law provide? Further to conventional administrative law grounds, this article contends the Constitution may be a source of remedy. It builds on previous scholarship and jurisprudence which suggests that the Constitution confers a special citizenship status, attached to which are a right of abode in Australia and to 'positive protection' (such as diplomatic protection and consular assistance). As experience from other jurisdictions shows, such rights may have implications for Parliament's power, particularly its power to deprive citizens of passports.
- Subjects
AUSTRALIA; CONSTITUTIONAL law; PASSPORTS -- Government policy; CITIZENSHIP
- Publication
University of Western Australia Law Review, 2018, Vol 44, Issue 1, p116
- ISSN
0042-0328
- Publication type
Article