Constitutional identity in the age of global migration
Special issue of German law journal : review of developments in German and European jurisprudence, 2017, Vol. 18, No. 7[Global Governance Programme], [Global Citizenship Governance], [Global Citizenship]
BAST, Jürgen, ORGAD, Liav, Constitutional identity in the age of global migration, Special issue of German law journal : review of developments in German and European jurisprudence, 2017, Vol. 18, No. 7[Global Governance Programme], [Global Citizenship Governance], [Global Citizenship] - https://hdl.handle.net/1814/61248
Retrieved from Cadmus, EUI Research Repository
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 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 Special Issue attempts to give answers to these questions by addressing five themes: (1) theories of constitutional identity; (2) the changing constitution of migration societies; (3) the rise of illiberal notions of constitutional identity; (4) immigration as a challenge to liberal constitutional identity; and (5) constitutional elements of the international and European legal order.
Table of Contents:
-- Kriszta Kovács, The Rise of an Ethnocultural Constitutional Identity in the Jurisprudence of the East Central European Courts -- Zsolt Körtvélyesi & Balázs Majtényi, Game of Values: The Threat of Exclusive Constitutional Identity, the EU and Hungary -- David Abraham, Circumcision: Immigration, Religion, History, and Constitutional Identity in Germany and the U.S. -- Alexander Yakobson, Five Million Germans Come to Denmark—A Thought Experiment -- Elspeth Guild, The UN’s Search for a Global Compact on Safe, Orderly and Regular Migration -- Sara Iglesias Sánchez, Constitutional Identity and Integration: EU Citizenship and the Emergence of a Supranational Alienage Law.
Published: 01 December 2017
Cadmus permanent link: https://hdl.handle.net/1814/61248
Full-text via DOI: 10.1017/S2071832200022446
ISSN: 2071-8322; 2071-8322
Series/Number: [Global Governance Programme]; [Global Citizenship Governance]; [Global Citizenship]
Other topic(s): Constitutional identity
Grant number: H2020/716350/EU
Sponsorship and Funder information:
The research was supported by the Fritz Thyssen Foundation and the European Research Council (ERC) Starting Grant (# 716350).
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