The Legal Limits of Citizenship Deprivation as a Counterterror Strategy

Author (Person)
Series Title
Series Details Vol.23, No.1, March 2017, p57-92
Publication Date March 2017
ISSN 1354-3725
Content Type

European Public Law is an English language journal edited at the Institute of European Public Law at the Law School, Hull University. A forum for the discussion of issues in the development of public law, the journal traces the public law of the Member States as it is shaped by the law of the European Union as well as by the Council of Europe’s European Convention on Human Rights.

European Public Law provides a detailed analysis of constitutional and administrative law at a crucial stage of European integration and legal development. In its articles, authorities in the field investigate the extent to which the separate systems of public law in each Member State are, notwithstanding their distinct historical and cultural backgrounds, developing a European Public Law in tandem with the law of the European Union Treaty. The journal also examines the public law systems of new Member States.

Without neglecting the more traditional concerns of constitutional and administrative law, the journal explores the emerging constitution of the European Union and the interplay between law and politics. It is concerned with the identification, examination and control of public power as public and private become ever more intertwined. Public law is given a wide interpretation, including the structure of government, judicial review, the conduct of regulatory bodies, redress of grievance through ombudsmen and administrative bodies, protection of human rights and protection against discrimination, openness and transparency, fiscal and monetary policy, and the role of regulation in the contemporary state and the European Union.

In short, the journal embraces the operation and control of government and government agencies, regulation of economic and commercial affairs and relationships between the state and individuals.This article studies the legal issues that arise when terrorists are deprived of their citizenship. Although the rules governing the loss of nationality are among the last bulwarks of states’ sovereign discretion, this article shows that international law, Convention rights and even EU law place significant constraints on the exercise of this discretion. It also advances a series of recommendations that could help states minimize the risk of their terrorist denationalization laws being found to be in breach of those higher legal standards. Observance of those recommendations, however, will not prevent terrorist denationalization laws from remaining vulnerable to major criticism, especially concerning their effectiveness, their applicability, and the ‘ slippery slope ’ on which they put the state.

Source Link http://www.kluwerlawonline.com/document.php?id=EURO2017005
Subject Categories
Countries / Regions