Citizenship stripping, fair procedures, and the separation of powers: A note on Damache v. Minister for Justice

Damache concerned a constitutional challenge to s.19 of the Irish Nationality and Citizenship Act 1956 (‘the 1956 Act’). This section outlined the statutory process the executive branch – acting through the Minister for Justice (‘the Minister’) – had to follow before revoking a certificate of naturalisation. The Supreme Court of Ireland held that the fact the executive both initiated the proposal to revoke and made the final decision to confirm or dismiss it, was contrary to fair procedures.

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