Chetcuti and constitutional membership: context, case and implications

Elisa Arcioni & Rayner Thwaits

The Chetcuti decision of 12 August 2021 is the High Court’s latest attempt to delineate a concept of constitutional membership. Here membership is understood as ‘non-alienage’; in practical terms, immunity to deportation. The question was whether Mr Chetcuti, a British subject who arrived in Australia before the advent of …

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