and yet boatloads of muslims and others still pay smugglers and risk their lives getting here. Could not be to bad. Puzzles me how people come here, get brainwashed with victim mentality but refuse to leave.

I agree with JKJ. And where the Magna Carta backs him, is where it states that no man shall go against the law of the land.

And if the law states that going to a proscribed area, means the automatic loss of your Australian citizenship, then that's what should happen; but particularly where the infringement is supported by irrefutable documented evidence!

Moreover, ignorance of the law has never been an acceptable defense.

And folks who want to go and do unspeakable things to innocents; because the law is ignored; should not be allowed to return, unless it's feet first and in a pine box?

I see no such thing as unequal treatment before the law!

What I do see is a lawless element leaving these shores to murder rape and pillage; and commit treachery and or treason; which according to the law of the land; sees your rights as a citizen entirely withdrawn, including that citizenship!

If it's worth having then it's worth keeping, and indeed, complying with the law of the land in order to retain the privileges it confers; along with the responsibilities that having rights confers!

What did you expect? A slap on the wrist with a wet tram ticket?

Every action comes with some consequences!

And if you're not willing to cop them sweet, then just don't take the contemplated action!

If a barbaric ISIL respected the Magna Carta or human rights or just common civilized behavior!

Those arguing against automatic loss of citizenship might have a leg to stand on.
Rhrosty.

And so there are some in this thread who would have:

Australian forces capture the odd 40 or so Australian dual national IS terrorist-fighters after few years of IS murder and mayhem in Iraq-Syria

- pay the airfares or more likely private prison jets of these IS dual nationals to return to Australia

- put them on trial using evidence sources-methods that are mostly back in the Middle East

- evidence sources-methods issues that could endanger good people if evidence were produced in Court

Then make a decision whether these IS dual nationals should lose Australian citizenship when these dual nationals are already back in Australia!

- making nationality decisions moot, irrelevant, useless and expensive.

Those advocating the return of IS dual nationals under these conditions should think through these issues.

These IS dual nationals have renounced the Western legal system for another system, have frequently violently rejected Western ideals and therefore have no interest in the Magna Carta.

ISIS fighters may not have much respect for Magna Carta, but I thought we who enjoy living in a free society which has traditionally observed the rule of law might.

Some of the basic tenets of our democracy are based on the idea that no one (not the king, not the PM) is above the law. Justice is supposed to be blind. All are treated equally.

However under our new draconian counter terrorism legislation, some people, namely terrorist SUSPECTS are below the law.

I don't expect ISIS suspects to be flown back on private jets.
However if and when they return to Australia I expect them to feel the full force of the LAW (ie trial by a judge and jury), not the arbitrary wrath of a Minister with no trial to test the evidence against them.

I don't think most of us would trust politicians to run a chook raffle never mind act as prosecutor, judge and jury all in one, especially on an issue as important as citizenship.

It is time to stop drinking the kool aid - we are destroying our values in order to fight an ideology - ie terrorism. This doesn't make sense.

Yes we all want to protect the innocent, but our draconian laws only weaken our rights and liberties, but they do not make us any safer.

As our PM said, these days all a terrorist needs is a knife, a phone and a victim, in these circumstances the chances of stopping a determined terrorist are close to zero.

Our laws already have sanctions against foreign fighters and those who murder. Terrorists are not superhuman. We need to stop freaking out.

We can save many innocent lives by better funding the health system but this is being defunded by nearly $2 billion by the federal government. While at the same time, we are handing over extreme powers of surveillance, interrogation and detention to agencies with very little if any oversight - does that make sense?

“Timid men prefer the calm of despotism to the tempestuous sea of Liberty.” Thomas Jefferson

Craig Minns

Au contraire, it is you who don't understand Parliamentary sovereignty.

What you have said applies to every statute that vests discretion in the hands of the executive. If this were not so, the entire administration would land in the lap of the judiciary.

Judicial review is to determine the validity of executive action; but your and the author's objection is to legislative action. You simply don't like the law that the elected government intends to make. But that does not justify the author's ridiculous hyberbole that it somehow undermines the rule of law; or at least, no more than all other laws you agree with. You're contradicting yourself.

As to the validity on constitutional grounds, the Constitution provides the Commonwealth Parliament with power in respect of:
"...immigration and emigration;
... the influx of criminals;
.... external affairs".

It is obvious that this confers the power to revoke citizenship. Not even the judiciary maintain that their authority outranks Parliament where the Constitution clearly confers the relevant power. No constitutional question arises that the Parliament lacks the explicit power.

The proposed laws are no more inconsistent with Magna Carta than any of the other laws you support and which involve the Parliament deciding what the law is to be, and authorising executive officers to apply it in particular cases. The fact that you don't like it is irrelevant.

I also find it bemusing, to say the least, to have a Muslim talk down to Australians about the rule of law, a concept that is totally foreign to Islam.

Kuranda, why didn't you spend the time that you have wasted writing this article explaining to your co-religionists tthat it's not okay to kill, rape, enslave, behead, and crucify people for disagreeing with your religious and sexual opinions?

Tell us, exactly what active steps have you taken to do that?