Mr Abbott refused to directly answer the question when asked about the report. Prime Minister Tony Abbott and Communications Minister Malcolm Turnbull. Credit:Andrew Meares "The important thing is that we have a sound law which strips the citizenship from terrorists who are dual nationals, that's what we're going to do," he said. Pressed on why he kept the advice from his ministers, Mr Abbott dodged the question. "Again I want to stress we are going to do the right by the people of Australia. We're going to keep our country safe," he said before ending his short media conference.

Mr Abbott made the remarks after attending an inter-faith prayer breakfast at Old Parliament House in Canberra. He was seated on the same table as his close friend, Professor Craven. Avoided questions: Prime Minister Tony Abbott. Credit:Andrew Meares Professor Craven told Fairfax Media the laws would fail in the High Court and "would be embarrassing" but could be fixed in time by ensuring a court, and not the minister made such a decision. "I would be really confident that any attempt to strip dual or single citizenship that did not involve a court would be unconstitutional and would go down, that type of defeat in the High Court is always very embarrassing," he said. The government has constantly argued that its plan would mimic similar laws passed in Britain. But Professor Craven said the two country's legal systems could not be compared when it comes to constitutional rights.

"Britain does not have a written constitution and particularly does not have a written constitution which enshrines the separation of judicial power, "We have a written constitution and it absolutely says that judicial power can only be exercised by a judge. This is a judicial power – it must be exercised by a judge," he said. Professor Craven said he had not spoken personally with Mr Abbott about the issue. 'Standard practice' A spokesman for the Prime Minister said the procedures followed were standard practice.

"It is entirely standard and orthodox practice for the minister with portfolio responsibility for this policy area to consider legal advice in the preparation of legislation," he said. Prominent moderate cabinet minister and former Liberal leader Malcolm Turnbull warned on Tuesday that all counter-terror measures must comply with the law. We've obviously got to make sure that we protect the national security of Australia, we make a strong stand against this global threat of terrorism, and we also have to do so within the rules ... which above all of course is the constitution [with] which we all have to comply," he told Sky News. His comments follow revelations the issue split cabinet, according to detailed leaks to Fairfax Media, after Mr Abbott ambushed his ministers with the proposal, which also initially suggested stripping sole citizens of their citizenship, via ministerial discretion. John Roskam from free market think tank IPA said there was "great unease" among some of the party's strongest supporters.

"Rather than this being adjudicated by the High Court, which is likely to find it unconstitutional, it would be far better for the government to understand the limits of what it can and can't do," he told Fairfax Media. Opposition Leader Bill Shorten said the revelation exposed another day of dysfunction in the Abbott government. "I have grave concerns that Mr Abbott's government are proposing changes which are simply incompetent and won't survive in the courts," Mr Shorten told reporters at Parliament House. "The government needs to put forward its proposed legislation and work with the opposition so together we can make the best laws possible to protect Australians," he said. Follow Latika Bourke on Facebook