scholarly journals Authority and Immigration

2021 ◽  
pp. 003232172110464
Author(s):  
David Miller
Keyword(s):  
The State ◽  
Immigration Law ◽  
Democratic Participation ◽  
Service Conception

States claim to have authority over prospective immigrants who have not yet been admitted but are nonetheless expected to comply with immigration law. But what could ground such an authority claim? The service conception of authority defended by Raz appears not to apply in this case. Nor can it be argued that immigrants give their consent to the state by applying for admission. Another approach appeals to the practice of reciprocity between states in respecting each other’s immigration regimes, but many immigrants will fall outside of its scope. Instead, the article defends the view that the natural duty of justice requires immigrants to comply with the state’s immigration regime provided that it is reasonably just. This does not require that the immigrant herself should have authorised the regime through democratic participation. However, the natural duty argument has to be qualified by recognising that some migrants can legitimately appeal to necessity as grounds for breaching the duty and entering unauthorised.

Neotraditional authority contested: the corporatization of tradition and the quest for democracy in the Topnaar Traditional Authority, Namibia

Africa ◽  
2020 ◽  
Vol 90 (2) ◽  
pp. 318-338
Author(s):  
Mario Krämer
Keyword(s):  
Common Good ◽  
The State ◽  
Democratic Participation ◽  
Local Power ◽  
Traditional Authority ◽  
Fair Share ◽  
Short Term ◽  
Long Run ◽  
Community Activists ◽  
Per Se

AbstractThis article examines two closely related themes: the triangle of tradition, capital and the state; and resistance to neotraditional leadership and local activism for democracy. I investigate an uprising in the Topnaar Traditional Authority in the Erongo region of Namibia by young community activists who aimed to promote democracy in their community in a context of manifold accusations of self-enrichment and corruption against the neotraditional leadership. The article demonstrates that the corporatization of tradition is a double-edged sword: neotraditional leaders expand their local power towards their subjects in the short term, but it often produces severe conflict that may result in the delegitimization of neotraditional authority in the long run. However, the Topnaar youth uprising and quest for democracy was less about challenging neotraditional authority per se and more about replacing the incumbents as well as obtaining a fair share of political power. It resulted from the perception that the neotraditional-cum-corporate ventures no longer served the cause of a common good; this, in turn, contradicted the general ideal of equality among the Topnaar. The corporatization of tradition thus generated local grievances and stimulated demands for democratic participation. Since the uprising gained at least some of its momentum from my research on neotraditional authority, I also reflect on my role.

The boundary problem in democratic theory: why the demos should be bounded by the state

2012 ◽  
Vol 4 (1) ◽  
pp. 39-68 ◽  
Author(s):  
Sarah Song
Keyword(s):  
Boundary Problem ◽  
Primary Site ◽  
The State ◽  
Democratic Participation ◽  
Political Equality ◽  
World State ◽  
Territorial Boundaries ◽  
National Boundaries ◽  
Instrumental Condition ◽  
Practical Implications

Democracy is rule by the demos, but by what criteria is the demos constituted? Theorists of democracy have tended to assume that the demos is properly defined by national boundaries or by the territorial boundaries of the modern state. In a recent turn, many democratic theorists have advanced the principles of affected interests and coercion as the basis for defining the boundaries of democracy. According to these principles, it is not co-nationals or fellow citizens but all affected or all subjected to coercion who constitute the demos. In this paper, I argue that these recent approaches to the boundary problem are insufficiently attentive to the conditions of democracy. Democracy is not merely a set of procedures; it also consists of substantive values and principles. Political equality is a constitutive condition of democracy, and solidarity is an instrumental condition of democracy. The affected interests and coercion principles create serious problems for the realization of these conditions – problems of size and stability. Building on this critique, this paper presents democratic considerations for why the demos should be bounded by the territorial boundaries of the state, grounded in the state's role in (1) securing the constitutive conditions of democracy, (2) serving as the primary site of solidarity conducive to democratic participation, and (3) establishing clear links between representatives and their constituents. I examine and reject a third alternative, a global demos bounded by a world state, and conclude by considering some practical implications of my argument.

scholarly journals The museum and the border: the Merseyside Maritime Museum and the construction of the migrant and refugee

2021 ◽  
Author(s):  
Anne Neylon
Keyword(s):  
The State ◽  
Immigration Law ◽  
Colonial History ◽  
Maritime Museum

  This article examines how the state imagines and represents migration. Using the Merseyside Maritime Museum as a frame, it provides key insights into how perspectives of time and particular constructions of colonial history have contributed to a system of immigration law that is characterised by a policy of institutional forgetting.

1. What is Public Law?

2021 ◽  
pp. 3-16
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Separation Of Powers ◽  
Public Law ◽  
The State ◽  
Immigration Law ◽  
Wide Range ◽  
Responsible Government ◽  
Executive Action ◽  
Complete Series ◽  
Explanatory Text ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter provides an introduction to public law. Public law regulates the relationships between individuals (and organisations) with the state and its organs. Examples include criminal and immigration law and human rights-related issues. Public law is made up of a number of key principles designed to ensure a healthy, representative, law-abiding country that strikes a balance between the needs of the state and the needs of its citizens. Each of these principles is discussed in turn: the rule of law, separation of powers, representative democracy, supremacy of Parliament, limited and responsible government, and judicial review executive action by the courts.

scholarly journals Why Does the State Have the Right to Control Immigration?

2017 ◽  
Author(s):  
Sarah Song
Keyword(s):  
National Identity ◽  
Political Theory ◽  
Final Section ◽  
Public Debate ◽  
The State ◽  
Immigration Law ◽  
Freedom Of Association ◽  
The Third ◽  
The Right ◽  
Normative Justification

Public debate about immigration proceeds on the assumption that each country has the right to control its own borders. But what, if anything, justifies the modern state’s power over borders? This chapter provides an answer in three parts. First, it examines the earliest immigration law cases in U.S. history and finds that the leading theorist they rely upon falls short of providing adequate normative justification of the state’s right to control immigration. In the second part, it turns to contemporary political theory and philosophy, critically assessing three leading arguments for the state’s right to control immigration: (1) national identity, (2) freedom of association, and (3) ownership/property. The third and final section offers an alternative argument based on the requirements of democracy.

scholarly journals The Citizen and the State: A Paradoxical Relation

2019 ◽  
pp. 103-136
Author(s):  
Chris Thornhill
Keyword(s):  
The State ◽  
Legal Norm ◽  
Democratic Participation ◽  
Institution Building ◽  
Functional Level ◽  
Legal Norms ◽  
Social Attachment ◽  
Nation States ◽  
National Citizenship ◽  
Institutional Construction

This article argues that modern states and modern societies were formed through the construction of citizenship as a pattern of social attachment, membership and legal norm formation. Citizenship originally developed as a principle that removed feudal legal orders from society, and it underpinned the processes of territorial unification, institution building, centralized integration and democratic participation that characterize modern nation states and national societies. However, the article argues that, both at the functional level and at the normative level, the trajectories contained in national citizenship were not fully realized within national societies, defined by national legal orders. It was only as a system of global legal norms emerged outside national societies, shaping inner-societal patterns of and institutional construction and norm formation, that the basic potentials of national citizenship were fully realized.

scholarly journals A Ciceronian Defense of Democratic Participation

2021 ◽  
Vol 20 (47) ◽  
pp. 103-129
Author(s):  
Xinzhi Zhao
Keyword(s):  
Common Property ◽  
The State ◽  
Democratic Participation ◽  
Common People ◽  
Civil Unrest ◽  
The Public ◽  
State Legitimacy ◽  
The People ◽  
De Legibus ◽  
The One

Opposing the usual elitist presentation of Cicero, I identify three arguments favoring democratic participation in De re publica and De legibus. The first sees democratic participation as a demand of the common people, which results from their untamable desire for freedom and must be fulfilled to avoid civil unrest. The second sees it as an instrument to lessen the likelihood of elites’ corruption. The third incorporates the previous two under an account of state legitimacy, arguing that democratic participation is just because without it, the civic community under a state’s rule cannot be a partnership and hence the state cannot be a legitimate one as a common property of the people. I argue that this account of state legitimacy differs from the one in Pettit’s republicanism and may help clarify the normative commitment to the public nature of the state that underlies the current “realist” and “instrumental” defenses of democracy.

INTRODUCTION OF BIOMETRIC DATA PROCESSING SYSTEM IN THE STATE BORDER GUARD

2018 ◽  
Vol 2 (7) ◽  
pp. 128
Author(s):  
Inta Siliniece ◽  
Jolanta Gaigalniece–Zelenova
Keyword(s):  
Data Processing ◽  
Asylum Seekers ◽  
Processing System ◽  
The State ◽  
Immigration Law ◽  
Data Input ◽  
Data Processing System ◽  
Biometric Data ◽  
Data Authentication ◽  
Technological Platform

Biometric data authentication systems are used widely nowadays. Biometric technologies are based on person's biometric data, compared with data of a specific person. In 2017, a new functionality was introduced at the State Border Guard on the technological platform of the Biometric Data Processing System for data input on foreigners detained under the Immigration Law. The fingerprint information system of asylum seekers was modernised. New workstations were installed in several State Border Guard units.

Race, Criminal Justice, and Migration Control

2018 ◽  
Author(s):  
Mary Bosworth ◽  
Alpa Parmar ◽  
Yolanda Vázquez
Keyword(s):  
Criminal Justice ◽  
Race And Ethnicity ◽  
The State ◽  
Immigration Law ◽  
The World ◽  
Migration Control ◽  
And Migration ◽  
The Way

In the introductory chapter the editors discuss why a volume that brings together race, migration, and criminal justice, in a way that speaks to issues of belonging, is both timely and necessary. In highlighting the gaps in various disciplinary literatures including the sociology of migration, criminology, and immigration law, this collection of essays discusses explicitly how concerns about race and ethnicity animate many of the state and popular responses to the growing numbers of migrants across the world. Race and the meaning of race in relation to citizenship and belonging is excavated through the chapters presented in the book, and the book as a whole thereby transforming the way we think about migration and the construction of boundaries and borders.

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