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Cambridge University Press
Online publication date:
May 2022
Print publication year:
Online ISBN:
Creative Commons:
Creative Common License - CC Creative Common License - BY Creative Common License - NC Creative Common License - ND
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC-ND 4.0

Book description

Bringing together scholars of migration and constitutional law, this volume analyses the problematic relationship between the rise of populism, restrictions of migrants' rights and democratic decay in Europe. By offering both constructive and critical accounts, it creates a nuanced debate on the possibilities for and limitations of legal resilience against populist erosion of migrants' rights. Crucially, it does not merely diagnose the causes of restrictions of migrants' rights, but also proposes how the law might be used as a solution. In this volume, the law is considered as both a source of resilience and part of the problem at three distinct levels: the legal-theoretical, the European, and the national level. It is a major contribution to the literature on migrants' rights, offering a nuanced account of how legal resilience might be used to safeguard migrants' rights against further erosion in populist times. This book is available as Open Access.

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Full book PDF
  • Migrants’ Rights, Populism and Legal Resilience in Europe
    pp i-ii
  • Migrants’ Rights, Populism and Legal Resilience in Europe - Title page
    pp iii-iii
  • Copyright page
    pp iv-iv
  • Contents
    pp v-vi
  • Acknowledgements
    pp vii-viii
  • Editor Information
    pp ix-x
  • Contributors
    pp xi-xii
  • Abbreviations
    pp xiii-xiv
  • Introduction
    pp 1-46
  • Migrants’ Rights, Populism and Legal Resilience in Europe
  • Part I - Theoretical and Critical Perspectives on Resilience
    pp 47-114
  • 3 - Viciously Circular
    pp 94-114
  • Will Ageing Lock the European Union into Immigrant Exclusion?
  • Part II - Resilience at the European Level
    pp 115-208
  • 4 - Coloniality and Recent European Migration Case Law
    pp 117-138
  • 5 - Migration as a Constitutional Crisis for the European Union
    pp 139-164
  • Part III - Resilience at the National Level: Case Studies
    pp 209-376
  • Index
    pp 377-394


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