More or less secure? Nationality questions, deportation and dual nationality

Rubenstein, Kim; Lenagh-Maguire, Niamh

doi:10.1017/cbo9781139506007.012

Cited by 5 publications

(1 citation statement)

References 8 publications

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“…This may be why some scholarship has focused instead on the 'hallmarks' of citizenship, rather than the rights. 27 Probably the unconditional right to return is one of the few rights given exclusively to citizens, although patterns and processes of denationalization 28 and deportation 29 have made even that story much more complex in recent years. Voting rights tend to prioritize citizens, especially in relation to national elections, but even in that field there are many cases of resident non-citizens being permitted to vote especially in local elections.…”

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confidence: 99%

Citizenship and Constitutional Law: An Introduction

Shaw

2017

SSRN Journal

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confidence: 99%

Citizenship and Constitutional Law: An Introduction

Shaw

2017

SSRN Journal

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Foreign Fighters and the Deprivation of Nationality: National Practices and International Law Implications

Waas

2016

Foreign Fighters Under International Law and Beyond

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All Citizens are Created Equal, but Some are More Equal Than Others

Waas

Jaghai

2018

Neth Int Law Rev

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Nationality is the legal bond between a person and a state that connotes full and equal membership of the political community. Yet, in the practice of states, not everyone who is admitted as a national enjoys the full package of rights attached, nor the same security of status. The phenomenon of inequality among citizens is particularly apparent when examining the question of how protected the legal bond itself is: citizenship by birth is more secure than citizenship acquired otherwisesuch as by naturalisation-and mono citizens are less prone to withdrawal of nationality than persons with dual or multiple nationality. As nationality revocation gains new attention from states as a tool to counter terrorism, prompting much political, public and academic debate, the reality that this measure often applies only to particular subgroups of citizens demands closer scrutiny. This article explores how law and practice on citizenship deprivation is to be evaluated against contemporary standards of international law. While states justify unequal application of citizenship deprivation measures by invoking the duty to avoid statelessness, this article shows that the application of other international standards such as non-discrimination and the prohibition of arbitrary deprivation of nationality calls into question the legitimacy of citizenship stripping as a security instrument. Finally, the article reflects on the broader implications of the current trend towards greater inequality of citizenship status as a reaction to the perceived threat that terrorism poses to the integrity of the state, discussing how the creation of different classes of citizen is in fact likely to have a deeper and more lasting impact on the foundations of liberal democracies.

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More or less secure? Nationality questions, deportation and dual nationality

Cited by 5 publications

References 8 publications

Citizenship and Constitutional Law: An Introduction

Citizenship and Constitutional Law: An Introduction

Foreign Fighters and the Deprivation of Nationality: National Practices and International Law Implications

All Citizens are Created Equal, but Some are More Equal Than Others

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