The Decline and Limited Revival of Citizenship Deprivation: Germany and Switzerland As Deviant Cases

Over the course of the past half century laws on the involuntary loss of citizenship in a number of countries, such as the United States and the UK, have become more liberal in the sense that citizens have become increasingly well protected against deprivation of citizenship by state authorities. Historically, laws on the involuntary loss of citizenship served to reinforce exclusive allegiance to the state of one’s nationality. Thus, states revoked citizenship for treason, service in a foreign government or army, or acquisition of another nationality. In recent decades, though, concerns about exclusive allegiance appeared to diminish as evidenced by the increasing acceptance of dual citizenship. Since 2001, though, there has been a partial reversal of this trend prompted by the “war on terror.” This paper analyzes legal change in two countries which represent deviant cases. Since the early 1950s German and Swiss laws on involuntary loss of citizenship have become less liberal and thus legal change in Germany and Switzerland runs counter to the perceived broad trend toward more liberal laws. These changes occurred despite the fact that both countries moved toward greater acceptance of dual citizenship in citizenship acquisition. At the same time neither country has adopted legislation since 2001 making it easier for government officials to revoke citizenship of persons linked to terrorist activities. This paper seeks to explain why legal change in Germany and Switzerland marched to the tune of a different drummer.