Phil speaks with Luke Beck, Professor of Constitutional Law at Monash University, about Opposition Leader Peter Dutton’s proposal to hold a referendum allowing ministers to strip dual nationals of their citizenship if they break the law.

Professor Beck explains that dual citizens can already lose Australian citizenship for terrorism offenses. Courts can impose this penalty for serious crimes if the government requests it, but only if the crime is severe enough to indicate a repudiation of allegiance to Australia.

Beck highlights the constitutional principle of separation of powers, which ensures that only courts—not ministers—can impose such punishments. Dutton’s proposal would require a constitutional change through a referendum, but given Australia’s history of failed referendums, its success is unlikely.

Phil speaks with Luke Beck, Professor of Constitutional Law at Monash University, about Opposition Leader Peter Dutton&rsquo;s proposal to hold a referendum allowing ministers to strip dual nationals of their citizenship if they break the law.
Professor Beck explains that dual citizens can already lose Australian citizenship for terrorism offenses. Courts can impose this penalty for serious crimes if the government requests it, but only if the crime is severe enough to indicate a repudiation of allegiance to Australia.
Beck highlights the constitutional principle of separation of powers, which ensures that only courts&mdash;not ministers&mdash;can impose such punishments. Dutton&rsquo;s proposal would require a constitutional change through a referendum, but given Australia&rsquo;s history of failed referendums, its success is unlikely.

Join Phil O'Neil from midnight to 5.30am Tuesday to Friday.

Join Phil O'Neil from midnight to 5.30am Tuesday to Friday.

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