Book contents
- European Societies, Migration, and the Law
- European Societies, Migration, and the Law
- Copyright page
- Dedication
- Contents
- Figures and Tables
- Contributors
- Preface
- Acknowledgements
- Abbreviations
- 1 European Societies, Migration, and the Law
- Part I Making the ‘Other’ – The Construction of ‘Otherness’
- Part II The Operation of Legal ‘Othering’ and the National–Foreigner Dichotomy in the EU
- 6 The Rights of ‘Others’ in Domestic Constitutions
- 7 Hierarchies of Privilege
- 8 Alienation of ‘Second Generation Turkish Dutch’ in the Name of ‘Integration’
- 9 Different Levels of ‘Legal Otherness’ in the Context of Expulsion and Entry Bans
- 10 The Non-national as ‘The Other’
- Part III After the Arrival of the ‘Others’ – Reactions to the ‘Refugee Crisis’ of 2015
- Part IV ‘Othering’ in the EU
- Part V European Societies, ‘Otherness’, Migration, and the Law
- Bibliography
- Index
6 - The Rights of ‘Others’ in Domestic Constitutions
Towards an Equality-Based Approach?
from Part II - The Operation of Legal ‘Othering’ and the National–Foreigner Dichotomy in the EU
Published online by Cambridge University Press: 13 November 2020
- European Societies, Migration, and the Law
- European Societies, Migration, and the Law
- Copyright page
- Dedication
- Contents
- Figures and Tables
- Contributors
- Preface
- Acknowledgements
- Abbreviations
- 1 European Societies, Migration, and the Law
- Part I Making the ‘Other’ – The Construction of ‘Otherness’
- Part II The Operation of Legal ‘Othering’ and the National–Foreigner Dichotomy in the EU
- 6 The Rights of ‘Others’ in Domestic Constitutions
- 7 Hierarchies of Privilege
- 8 Alienation of ‘Second Generation Turkish Dutch’ in the Name of ‘Integration’
- 9 Different Levels of ‘Legal Otherness’ in the Context of Expulsion and Entry Bans
- 10 The Non-national as ‘The Other’
- Part III After the Arrival of the ‘Others’ – Reactions to the ‘Refugee Crisis’ of 2015
- Part IV ‘Othering’ in the EU
- Part V European Societies, ‘Otherness’, Migration, and the Law
- Bibliography
- Index
Summary
This chapter highlights the potential of domestic constitutional law to curtail the legal 'othering' of non-citizens at the national level, using Ireland as a case study. The chapter begins by looking at Irish national identity as enshrined in the text of the 1937 Constitution. It finds that, despite the strong Catholic and nationalist influences on the constitutional text, it should be flexible enough to accommodate new perceptions of Irishness in what is now an immigrant-receiving society. The second part of the chapter explores domestic constitutional case-law on the rights of non-citizens, focusing on a recent Supreme Court decision which clarifies that constitutional rights must extend to non-citizens where to find otherwise would contravene constitutional principles of dignity and equality. It is argued that this reasoning effectively collapses the distinction between citizen and non-citizen as rights-bearers in the constitutional order.
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- Information
- European Societies, Migration, and the LawThe ‘Others' amongst ‘Us', pp. 107 - 129Publisher: Cambridge University PressPrint publication year: 2020