the citizen and the alien dilemmas of contemporary membership

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The Citizen And The Alien

Author : Linda Bosniak
ISBN : 1400827515
Genre : Political Science
File Size : 87. 11 MB
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Citizenship presents two faces. Within a political community it stands for inclusion and universalism, but to outsiders, citizenship means exclusion. Because these aspects of citizenship appear spatially and jurisdictionally separate, they are usually regarded as complementary. In fact, the inclusionary and exclusionary dimensions of citizenship dramatically collide within the territory of the nation-state, creating multiple contradictions when it comes to the class of people the law calls aliens--transnational migrants with a status short of full citizenship. Examining alienage and alienage law in all of its complexities, The Citizen and the Alien explores the dilemmas of inclusion and exclusion inherent in the practices and institutions of citizenship in liberal democratic societies, especially the United States. In doing so, it offers an important new perspective on the changing meaning of citizenship in a world of highly porous borders and increasing transmigration. As a particular form of noncitizenship, alienage represents a powerful lens through which to examine the meaning of citizenship itself, argues Linda Bosniak. She uses alienage to examine the promises and limits of the "equal citizenship" ideal that animates many constitutional democracies. In the process, she shows how core features of globalization serve to shape the structure of legal and social relationships at the very heart of national societies.

Author : ديريك هيتر
ISBN : 9786144253281
Genre : Social Science
File Size : 56. 62 MB
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إن هذا المسح التمهيدي لتاريخ المواطنية ومبادئها وممارستها، مبنيٌّ على التسليم بأن الأوضاع الراهنة والنقاشات بشأن المواطنية لا يمكن فهمها دون معرفة الخلفيات التاريخية.+++ يزوّدنا المؤلف بذلك، من خلال سرد تحليلي لوظيفة المواطنية وكبار المنظرين، من "إسبرطة" إلى الزمن الحاضر، يحتوي على مقتطفات من نصوص أساسية. كما يسأل القارئ أن يعرض كيف تتميّز المواطنية عن الأشكال الأخرى للهوية المجتمعية ـ السياسية، وذلك باستخدام الإثباتات التاريخية التي يقدمها. ويركز، بصورة خاصة، على الافتراضات الشائعة بأن المواطنية والجنسيّة هما صنوان، متشككاً في هذه المقولة، باعتماده على أسس الخبرات التاريخية والصعوبات التي تثيرها.

The Citizen And The Alien

Author : Linda Bosniak
ISBN : 0691116229
Genre : Law
File Size : 21. 1 MB
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In doing so, it offers an important new perspective on the changing meaning of citizenship in a world of highly porous borders and increasing transmigration."--BOOK JACKET.

Asylum A Right Denied

Author : Helen O'Nions
ISBN : 9781317177753
Genre : Political Science
File Size : 79. 19 MB
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In recent decades, asylum has emerged as a highly politicized European issue. The term ’asylum seeker’ has suffered a negative perception and has been associated with notions of illegality and criminality in mainstream media. These misconceptions have been supported by politicians as a distraction from economic and political uncertainties with the result that asylum seekers have been deprived of significant rights. This book examines the effect of recent attempts of harmonization on the identification and protection of refugees. It considers the extent of obligations on the state to admit and protect refugees and examines the 1951 Refugee Convention. The motivations of European legislators and legislation concerning asylum procedures and reception conditions are also analysed. Proposals and initiatives for refugee movements and determinations are examined and assessed. The author makes suggestions for better protection of refugees while responding to the security concerns of States, and questions whether European law and policy is doing enough to uphold the fundamental right to seek and enjoy asylum as set out in the Universal Declaration of Human Rights. This book takes a bold look at a controversial issue and generates discussion for those involved in the fields of human rights, migrational and transnational studies, law and society and international law.

Gender Equality

Author : Linda C. McClain
ISBN : 9781139480369
Genre : Law
File Size : 77. 28 MB
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Citizenship is the common language for expressing aspirations to democratic and egalitarian ideals of inclusion, participation and civic membership. However, there continues to be a significant gap between formal commitments to gender equality and equal citizenship - in the laws and constitutions of many countries, as well as in international human rights documents - and the reality of women's lives. This volume presents a collection of original works that examine this persisting inequality through the lens of citizenship. Distinguished scholars in law, political science and women's studies investigate the many dimensions of women's equal citizenship, including constitutional citizenship, democratic citizenship, social citizenship, sexual and reproductive citizenship and global citizenship. Gender Equality takes stock of the progress toward - and remaining impediments to - securing equal citizenship for women, develops strategies for pursuing that goal and identifies new questions that will shape further inquiries.

The Liberty Of Non Citizens

Author : Rayner Thwaites
ISBN : 9781782252979
Genre : Law
File Size : 34. 98 MB
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The book addresses the legality of indefinite detention in countries including Australia, the United Kingdom and Canada, enabling a rich cross-fertilisation of experiences and discourses. The issue has arisen where a government is frustrated in its ability to remove a non-citizen subject to a removal order and employs a power to detain him until removal. The cases raise fundamental questions about the nature and extent of immigration powers, the legal position of non-citizens and counter-terrorism law and policy. More broadly, the judgments have become key reference points in discussions of constitutionalism, rights and a range of contemporary issues in public law.The book analyses the legal context, reasoning and implications of the case law on indefinite detention. It argues that the law of each jurisdiction contains ample resources to support a ruling that indefinite detention is illegal. It demonstrates that, taking into account variations in legal frameworks and doctrines, a judge's response to indefinite detention is determined by his or her answer to the question whether a non-citizen, subject to a removal order, retains a right to liberty. It details how a judge's answer flows through his or her adjudication on the scope of the relevant exception to liberty.The thesis on which the book is based won the 2010 Marks Medal from the University of Toronto Law Faculty for the best graduate thesis.

Refugees Asylum Seekers And The Rule Of Law

Author : Susan Kneebone
ISBN : 9780521889353
Genre : Law
File Size : 90. 73 MB
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An assessment of the impact of asylum on the integrity of the rule of law in five common law jurisdictions.

Varieties Of Liberalism

Author : Jan Harald Alnes
ISBN : 9781443861502
Genre : Philosophy
File Size : 86. 22 MB
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The contemporary world is complex and is characterized by new normative challenges with regards to living conditions and political organization, both within the borders of sovereign states and globally. Such challenges require interdisciplinary analyses of a number of intertwined subjects. Varieties of Liberalism: Contemporary Challenges presents an important contribution to this pressing task. Relying on the cooperation of UiT The Arctic University of Norway research group Pluralism, Democracy and Justice, and the Civic Constellation project from Spain’s National Research Fund, the book is the outgrowth of the conference “Themes in Contemporary Ethics and Political Philosophy”, held in Tromsø in August 2012. An international array of scholars from universities in Brazil, France, Norway and Spain are brought together here, and combine normative reflections, conceptual analysis, case-studies and historical accounts. Philosophical liberalism provides the dominant perspective in contemporary political and social philosophy, and the majority of the authors take one version or another as their starting point, bringing together various different critical perspectives. Since it is crucial to sort out what an embracing of liberalism means and what a criticism of liberalism is directed at, the introduction of the book situates the chapters in relation to the disparate uses of ‘liberalism’. The sixteen chapters are distributed into three parts, namely, Free Speech and Deliberation, Citizenship and Democracy, and Justice, Borders and International Law. Of interest to a wide, interdisciplinary readership, Varieties of Liberalism responds to questions such as: Do contemporary democracies live up to their own ideals? How do these democracies cope with the issues of free speech, religious diversity, migration, indigenous communities, and the scientific and technological development? How ought civic education to be regulated in pluralist democracies? Who are the rightful owners of common goods? As is evident from this representative list, the book addresses both the intellectual and the practical challenges of contemporary liberalism.

Citizens Rights And The Right To Be A Citizen

Author : Ernst Hirsch Ballin
ISBN : 9789004223202
Genre : Political Science
File Size : 85. 46 MB
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Citizens’ rights are the essential connecting link between human rights and life in a democratic society. The right to be a citizen can bridge the gap between the universality of human rights and the changing political and social settings of people’s lives.

Integration At The Border

Author : Karin de Vries
ISBN : 9781782251439
Genre : Law
File Size : 29. 27 MB
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A recent development in the immigration policies of several European states is to make the admission of foreign nationals dependent upon criteria relating to their integration. As the practice of 'integration testing abroad' becomes more widespread, this book endeavours to clarify the legal implications which have hitherto remained poorly understood and studied. The book begins by looking at the situation in the Netherlands, which was the first EU Member State to introduce pre-entry integration requirements. It explores the historical and political origins of the Dutch Act on Integration Abroad and explains how, in this national context, integration has become a criterion for the selection of immigrants. It then examines how integration requirements must be evaluated from the point of view of European and international law, including human rights treaties, EU migration directives and association agreements and the law on non-discrimination. The book identifies the legal standards set by these instruments with regard to integration testing abroad and draws conclusions as to the lawfulness of the Dutch approach.

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