Malcolm Turnbull insists he is not at odds with Prime Minister Tony Abbott over a proposal to strip dual-nationality terror supporters of their Australian citizenship.
But the communications minister says he is working closely with the immigration minister and attorney-general to make sure the legislation, which is yet to be introduced, conforms to the constitution.
"What is the point of passing a law if it's going to get knocked out in the High Court?" he told ABC TV on Friday.
Immigration Minister Peter Dutton concedes there is concern within the government to make sure the plan conforms with the constitution.
"There will be a team of people including some of the best lawyers in the country who will scrutinise the evidence available in relation to particular cases," he told Radio 2UE.
There must be a decision maker and then there must be the ability for the courts to have a look at part of the process, he said.
The Law Council of Australia says the proposal won't comply with the constitution unless it contains judicial safeguards.
Legislation would be challenged in the High Court if it did not contain either the requirement for a conviction or other satisfactory proof, or a right of judicial review, council president Duncan McConnel told ABC radio.
Mr Dutton has said it would be difficult to secure convictions in many cases because evidence gathered in the Middle East may not be admissible in Australian courts.
But Mr McConnel said those problems, along with concerns about the national security sensitivity of information, could be dealt with through secret court hearings or using tribunals which had slightly less strict rules on evidence.
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