Dutton's referendum could increase ministerial authority

smh.com.au

Opposition Leader Peter Dutton is considering a referendum that would allow the government to revoke citizenship from dual nationals, especially criminals. He believes this is necessary to protect children. Though some in his party are hesitant, Dutton is determined to move forward with the idea. Legal experts have warned that this proposal could give ministers too much power. They argue it risks undermining the judicial system, which currently holds the authority to strip citizens of their rights under certain circumstances. Constitutional law expert Anne Twomey expressed concerns that such a change could allow politicians to manage criminal punishments, which should be handled by the courts. Dutton faced criticism from Prime Minister Anthony Albanese, who dismissed the referendum as impractical. Albanese characterized Dutton’s proposal as a gimmick, pointing to a lack of substance in his governance. He noted that instead of focusing on policies for the economy, Dutton was raising contentious issues without concrete plans. While some members of Dutton's party support his stance, others are calling for a focus on other pressing issues, such as economic management and energy prices. Shadow ministers have indicated that the referendum is not official party policy and should only be seen as a last resort. Experts warn that if the referendum succeeds, it might lead to complications. Some individuals could evade citizenship revocation by renouncing their foreign citizenship. Others, from countries with difficult renunciation processes, could be unfairly affected. This has led some legal scholars to compare Dutton's proposal to a historically unsuccessful referendum in 1951, which attempted to restrict rights and was ultimately defeated. Overall, Dutton’s proposal remains controversial and uncertain, with significant implications for Australian law and governance hanging in the balance.


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