Nationality, Citizenship and Domicile Distinction

Abstract

The terms nationality and citizenship are perhaps so often confused precisely because they are so closely connected. O'Leary warns that “their present legal significance and content are of recent origin and are closely linked to a series of historical and political developments which have varied from place to place. The words are often used interchangeably, depending on the language in which a text is written, an author's concept of the underlying relationship or status being described, and the legal system within which a particular commentator works. The concept of domicile remains of fundamental importance in the rules of the conflict of laws prevailing in common law countries. But its preeminence is less secure than was formerly the case. Despite reforms made by statute, or proposed by law reform agencies, in the law of domicile with the object of removing its less satisfactory features, the courts and especially, the legislature, are making increasing use of various forms of residence and of nationality as connecting factors, a reflection in part of the growing influence of international conventions on the English rules of the conflict of laws.