The concept of allegiance in citizenship law and revocation: an Australian study

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 naturalisation 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.