Citizenship, Alienage and the Modern Constitutional State
Citizenship, Alienage and the Modern Constitutional State

Author: Helen Irving

Publisher:

Published: 2016

Total Pages: 289

ISBN-13: 9781316682463

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"To have a nationality is a human right. But between the nineteenth and mid-twentieth centuries, virtually every country in the world adopted laws that stripped citizenship from women who married foreign men. Despite the resulting hardships and even statelessness experienced by married women, it took until 1957 for the international community to condemn the practice, with the adoption of the United Nations Convention on the Nationality of Married Women. Citizenship, Alienage, and the Modern Constitutional State tells the important yet neglected story of marital denaturalization from a comparative perspective. Examining denaturalization laws and their impact on women around the world, with a focus on Australia, Britain, Canada, Ireland, New Zealand and the United States, it advances a concept of citizenship as profoundly personal and existential. In doing so, it sheds light on both a specific chapter of legal history and the theory of citizenship in general"--

The Citizen and the Alien
The Citizen and the Alien

Author: Linda Bosniak

Publisher: Princeton University Press

Published: 2008-09-08

Total Pages: 235

ISBN-13: 1400827515

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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.

Minorities in Global History
Minorities in Global History

Author: Holger Weiss

Publisher: Bloomsbury Publishing

Published: 2024-04-04

Total Pages: 279

ISBN-13: 1350382221

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This collection analyses the concept of minority and minorities in global history. Taking transnational, transregional and comparative approaches, it explores narratives of inclusion and exclusion both conceptually and through case studies. Exploring examples of marginalization in Imperial Russia, early-20th century Korea, WWII China and Postcolonial Africa amongst others, the chapters in this volume seek to understand the entanglements of 'fluid minorities' and native populations in various historical settings. They explore dynamics between nation states and empires, minority-majority processes in (post)imperial and (post)Soviet contexts, fourth world perspectives and transnational minority movements. Taken together, the contributions to this collection address the exposure to and challenge of historical and contemporary treatments of marginalization, exclusion, belonging and inclusion in global history.

The Oxford Handbook of Citizenship
The Oxford Handbook of Citizenship

Author: Ayelet Shachar

Publisher: Oxford University Press

Published: 2017

Total Pages: 897

ISBN-13: 0198805853

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This Handbook sets a new agenda for theoretical and practical explorations of citizenship, analysing the main challenges and prospects informing today's world of increased migration and globalization. It will also explore new forms of membership and democratic participation beyond borders, and the rise of European and multilevel citizenship

Law and the Citizen
Law and the Citizen

Author: Austin Sarat

Publisher: Emerald Group Publishing

Published: 2020-09-09

Total Pages: 160

ISBN-13: 1800430299

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This volume brings together an international and interdisciplinary array of scholars to explore issues around citizenship and law. With chapters on different elements of the relationship between law and citizenship, the volume makes a key contribution to the field and is essential reading for legal scholars.

Americans in Waiting
Americans in Waiting

Author: Hiroshi Motomura

Publisher: Oxford University Press

Published: 2007-09-17

Total Pages: 265

ISBN-13: 0199887438

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Although America is unquestionably a nation of immigrants, its immigration policies have inspired more questions than consensus on who should be admitted and what the path to citizenship should be. In Americans in Waiting, Hiroshi Motomura looks to a forgotten part of our past to show how, for over 150 years, immigration was assumed to be a transition to citizenship, with immigrants essentially being treated as future citizens--Americans in waiting. Challenging current conceptions, the author deftly uncovers how this view, once so central to law and policy, has all but vanished. Motomura explains how America could create a more unified society by recovering this lost history and by giving immigrants more, but at the same time asking more of them. A timely, panoramic chronicle of immigration and citizenship in the United States, Americans in Waiting offers new ideas and a fresh perspective on current debates.

Subjects and Aliens
Subjects and Aliens

Author: Kate Bagnall

Publisher: ANU Press

Published: 2023-08-29

Total Pages: 210

ISBN-13: 1760465860

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Subjects and Aliens confronts the problematic history of belonging in Australia and New Zealand. In both countries, race has often been more important than the law in determining who is considered ‘one of us’. Each chapter in the collection highlights the lived experiences of people who negotiated laws and policies relating to nationality and citizenship rights in twentieth-century Australasia, including Chinese Australians enlisting during the First World War, Dalmatian gum-diggers turned farmers in New Zealand, Indians in 1920s Australia arguing for their citizenship rights, and Australian women who lost their nationality after marrying non-British subjects. The book also considers how the legal belonging—and accompanying rights and protections—of First Nations people has been denied, despite the High Court of Australia’s recent assertion (in the landmark Love & Thoms case of 2020) that Aboriginal people have never been considered ‘aliens’ or ‘foreigners’ since 1788. The experiences of world-famous artist Albert Namatjira, and of those made to apply for ‘certificates of citizenship’ under Western Australian law, suggest otherwise. Subjects and Aliens demonstrates how people who legally belonged were denied rights and protections as citizens through the actions of those who created, administered and interpreted the law across the twentieth century, and how the legal ramifications of those actions can still be felt today.

People, Power, and Law
People, Power, and Law

Author: Alexander Gillespie

Publisher: Bloomsbury Publishing

Published: 2022-05-05

Total Pages: 641

ISBN-13: 1509931627

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This book offers a unique insight into the key legal and social issues at play in New Zealand today. Tackling the most pressing issues, it tracks the evolution of these societal problems from 1840 to the present day. Issues explored include: illegal drugs; racism; the position of women; the position of Maori and free speech and censorship. Through these issues, the authors track New Zealand's evolution to one of the most famously liberal and tolerant societies in the world.

When States Take Rights Back
When States Take Rights Back

Author: Émilien Fargues

Publisher: Routledge

Published: 2020-06-09

Total Pages: 146

ISBN-13: 1000054993

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When States Take Rights Back draws on contributions by international experts in history, law, political science, and sociology, offering a rare interdisciplinary and comparative examination of citizenship revocation in five countries, revealing hidden government rationales and unintended consequences. Once considered outdated, citizenship revocation – also called deprivation or denationalization – has come back to the political center in many Western liberal states. Contributors scrutinize the positions of stakeholders (e.g. civil servants, representatives of civil society, judges, supranational institutions) and their diverse rationales for citizenship revocation (e.g. allegations of terrorism, treason, espionage, criminal behaviour, and fraud in the naturalisation process). The volume also uncovers the variety of tools that national governments have at their disposition to change existing citizenship revocation laws and policies, and the constraints that they are faced with to actually implement citizenship revocation in daily operations. Finally, contributors underscore the extraordinary severity of sanctions implied by citizenship revocation and offer a nuanced picture of the material and symbolic forms of exclusion not only for those whose citizenship is withdrawn but also for minority groups (wrongly) associated with the aforementioned allegations. Indeed, revocation policies target not merely individuals but specific collective categories, which tend to be ethno-racially constructed and attributed specific location within the international status hierarchy of nation-states. International and interdisciplinary in scope, When States Take Rights Back will be of great interest to scholars of politics, international law, sociology and political and legal history, and Human Rights. The chapters were originally published in Citizenship Studies.