The shifting sands of citizenship
As a leading expert in constitutional citizenship, has spent decades researching the legal and political realities that impact citizens around the world.
She is now working on a timely new Australian Research Council (ARC) project about citizenship and allegiance. The project asks key questions about citizens鈥� duties and allegiance to the state 鈥� and what national loyalty means when you hold two passports.
鈥淐itizenship theory talks about 鈥榯he good citizen鈥� and the civic duties of citizenship,鈥� she says. 鈥淏ut in law there鈥檚 an important distinction between the actual legal status of being a citizen and not being one.鈥�
It鈥檚 true. You can鈥檛 vote, stand for parliament, work in parts of the public sector or get certain social benefits, unless you are an Australian citizen. And as long as you are one, you can never be deported.
Importantly, citizenship can be revoked. In 2017, Khaled Sharrouf became the first Australian dual citizen to be stripped of his citizenship under federal anti-terror laws. Without Australian citizenship, Islamic State fighters like Sharrouf can never return legally to Australia.
Citizenship law has made its impact known in Canberra, too. For more than two years, a previously dormant section of the constitution has interrupted the careers of MPs and senators who unknowingly held dual citizenship. Bloomberg dubbed this the 鈥渨orld鈥檚 most ridiculous constitutional crisis鈥�.
For Professor Irving, it鈥檚 an issue that highlights the continuing significance of allegiance in the law. 鈥淚t got people talking about the concepts, ideas, duties and responsibility of citizenship,鈥� she says. 鈥淵et that [public debate] is not being reflected in how the law has adapted to these shifting conceptions.鈥�
The issue also showed how difficult it can be to fact-check potential citizenships. 鈥淭here鈥檚 a widespread misapprehension that it鈥檚 easy to determine if you鈥檙e a citizen of another country. It鈥檚 actually not. It can be costly and time-consuming.
You need expertise most people don鈥檛 have, such as identifying, reading and understanding law. The relevant law might not even be in English,鈥� she says. How lawmakers and courts deal with the dual citizenship question could play a major role in supporting 鈥� or preventing 鈥� a greater diversity of voices in federal politics. Professor Irving points to 鈥渋mportant consequences鈥� for those entitled and willing to nominate as MPs.
It鈥檚 one reason why her ARC project could be so important. It could provide a much-needed yardstick to help lawmakers measure new legislation about citizenship and allegiance. From the White Australia policy that barred non-European immigration, to the 鈥楢llegiance to Australia鈥� Act that claimed Sharrouf鈥檚 passport, this legal area has long been contentious.
For example, younger Australians might be surprised to learn it was the 1980s before Australian citizens were no longer defined as British subjects. Or that until 2002 you could not be naturalised abroad without losing Australian citizenship. It鈥檚 often overlooked, too, that between the 1870s and late 1940s Australian women who married foreign men were immediately stripped of their citizenship. This practice was widespread globally. Times are continuing to change, says Professor Irving.
鈥淏roadly, Australian law today doesn鈥檛 make gendered, ethnic, racial or religious distinctions around citizenship,鈥� she says.