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Constitutional Identity in the Age of Global Migration

Published online by Cambridge University Press:  06 March 2019

Extract

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Global migration yields political shifts of historical significance, profoundly shaking up world politics as manifested by the European refugee crisis, the Brexit referendum, and throughout the US election. The refugee crisis—which, from a human rights perspective, is first and foremost a crisis of protection—has enhanced the already-existing discussion on justifiable and unjustifiable attempts by nation-states to safeguard their constitutional “essentials” by reinforcing border controls and using selective immigration and citizenship policies. How can liberal states, or a supranational Union formed by such states, welcome immigrants and treat refugees as future denizens without fundamentally changing their constitutional identity, forsaking their liberal tradition, or slipping into populist nationalism? This question is one of the greatest contemporary challenges in constitutional law and theory nowadays.

Type
Special Issue Constitutional Identity in the Age of Global Migration
Copyright
Copyright © 2017 by German Law Journal, Inc. 

References

1 Jean-Jacques Rousseau, On the Social Contract (Christopher Betts, trans., Oxford University Press, 1994): 134, at 135 (Book IV, Ch. I).Google Scholar

2 See, respectively, Will Kymlicka, Multicultural Citizenship: a Liberal Theory of Minority Rights 77, 187–92 (Oxford: Clarendon Press, 2000); Michael Walzer, Spheres of Justice: A Defense of Pluralism and Equality 62 (Basic Books, 1983); David Miller, On Nationality 22–27, 41–45, 68–70 (Oxford: Clarendon Press, 1995).Google Scholar

3 George Orwell, The Road to Wigan Pier 197 (Harcourt, Brace and Company, 1958).Google Scholar

4 C- 643/15 and C- 647/15, Slovak Republic and Hungary v. Council of the European Union, September 6, 2017.Google Scholar