The Legal-domestic Sources of Immigrant Rights
- 1 May 2001
- journal article
- Published by SAGE Publications in Comparative Political Studies
- Vol. 34 (4) , 339-366
- https://doi.org/10.1177/0010414001034004001
Abstract
This article traces the evolution of two types of immigrant rights—alien rights and the right to citizenship—across three polities (the United States, Germany, and the European Union). It argues that the sources of rights expansion are mostly legal and domestic: Rights expansion originates in independent and activist courts, which mobilize domestic law (especially constitutional law) and domestic legitimatory discourses, often against restriction-minded, democratically accountable governments. The legal-domestic hypothesis is qualified and differentiated according to polity, migrant group, and type of immigrant right.Keywords
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This publication has 25 references indexed in Scilit:
- Mobilizing International Norms: Domestic Actors, Immigrants, and the Japanese StateWorld Politics, 1999
- A European citizenship or a Europe of citizens? Third country nationals in the EUJournal of Ethnic and Migration Studies, 1998
- Citizenship Rights for Non‐Citizens: France, Germany, and The NetherlandsPublished by Oxford University Press (OUP) ,1998
- International Norms and Domestic Politics:European Journal of International Relations, 1997
- Why Liberal States Accept Unwanted ImmigrationWorld Politics, 1997
- The Functionality of CitizenshipHarvard Law Review, 1997
- Modes of Immigration Politics in Liberal Democratic StatesInternational Migration Review, 1995
- The Policy Challenge of Ethnic DiversityPublished by Harvard University Press ,1994
- The Birthright Citizenship Amendment: A Threat to EqualityHarvard Law Review, 1994
- The Equal Treatment of Aliens: Preemption or Equal Protection?Stanford Law Review, 1979