find the latest legal job
Senior Associate - Litigation & Dispute Resolution
Category: Litigation and Dispute Resolution | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Come work for a firm ranked in Lawyers Weekly Top 25 Attraction Firms
View details
Associate - Workplace Relations & Safety
Category: Industrial Relations and Employment Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Employer of choice · Strong team culture
View details
Freelance Lawyers
Category: Banking and Finance Law | Location: All Perth WA
· Freelance opportunities through Vario from Pinsent Masons
View details
Freelance Lawyers
Category: Other | Location: All Adelaide SA
· • Qualified lawyer with a strong academic background
View details
Freelance Lawyers
Category: Other | Location: All Melbourne VIC
· • Qualified lawyer with a strong academic background
View details
Barristers oppose controversial citizenship Bill

Barristers oppose controversial citizenship Bill

Fiona McLeod

The Australian Bar Association (ABA) has criticised the federal government’s proposal to strip dual nationals linked to terrorism of their Australian citizenship as unconstitutional and “fraught with danger”.

ABA president Fiona McLeod SC (pictured) said the proposal is likely to fail based on its constitutional invalidity.

“The proposal imposes a penalty without adjudication by a court applying traditional safeguards, including a fair trial and the rules of evidence,” Ms McLeod said.

She added that the role of the courts in determining criminal guilt must be respected and the Constitution observed.

“The importance of separate, balanced powers to our cherished democracy cannot be overstated. Respect for each institution is fundamental to a cohesive society that respects the rule of law.”

Sydney silk Bret Walker SC has also criticised the Abbott government’s plans to give Minister for Immigration and Border Protection Peter Dutton power to revoke the citizenship of terrorism suspects.

At an address at the University of Sydney earlier this month, Mr Walker said he was unconvinced by the government’s argument that terrorism offences abroad are “very difficult to prove” and should therefore be decided by a minister.

“I’ve never yet heard that an offence difficult to prove is an offence you don’t have to prove; and that an offence that you cannot persuade 12 people unanimously of is one you don’t have to persuade anybody of, except the minister on the basis of secret intelligence which will not be tested.

“Who cares less what a minister, any more than what a bus driver, says [about whether or not someone is guilty of terrorism]?” he added.

Ms McLeod made similar comments rejecting the government’s rationale for the proposed legislation, noting that the minister’s decision would be based on intelligence or information that would not be admissible in court proceedings.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Barristers oppose controversial citizenship Bill
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Oct 23 2017
How to fail well
The legal profession is due for an attitude adjustment when it comes to perceived failures, accordin...
Oct 23 2017
Lawyers slam rushed consultation for SA repeat offenders bill
The Law Society of South Australia has expressed concern for a proposal to roll out new laws amendin...
Oct 23 2017
The pursuit of happiness in the law
A panel of legal experts have explored how to define success in the legal profession, and how lawyer...
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...