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Download Citizenship as a Human Right: The Fundamental Right to a by Gonçalo Matias PDF

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By Gonçalo Matias

This ebook examines a stringent challenge of present migration societies—whether or to not expand citizenship to resident migrants. Undocumented migration has been an lively factor for lots of a long time within the united states, and have become a important difficulty in Europe following the Mediterranean migrant drawback.

In this leading edge learn in keeping with the elemental ideas of transnational citizenship legislations and the naturalization development world wide, Matias purports that it truly is attainable to figure out that no citizen in ready could be completely excluded from citizenship. this sort of proposition not just imposes a favorable accountability overriding an immense measurement of sovereignty however it additionally offers upward thrust to a dialogue approximately undocumented migration. With its transnational legislation concentration, and situations from public foreign legislation courts, eu courts and nationwide courts, Citizenship as a Human correct: the basic correct to a selected Citizenship may be utilized to almost at any place within the world.

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Extra info for Citizenship as a Human Right: The Fundamental Right to a Specific Citizenship

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3. MICHAEL WALZER, Spheres of Justice. A defense of pluralism and equality (1983), 52. 4. MICHAEL WALZER, Spheres of Justice. A defense of pluralism and equality (1983), 52. 5. MICHAEL WALZER, Spheres of Justice. A defense of pluralism and equality (1983), 52. 6. GIOVANNI CORDINI, Elementi per una teoria giuridica della cittadinanza (1998), 31–32. 7. ULRICH PREUSS, The ambiguous meaning of citizenship (2003), 4. 8. CHRISTIAN MEIER, The Greek Discovery of Politics (1990), 57. 9.  G.  POCOCK, The ideal of citizenship since classical times (1998), 33–34.

Thus, I do not agree with the theory that the passiveness of the citizen in the Middle Ages constituted a denial of the very concept of citizenship. This is not to purport that the democratic dimension is irrelevant. Quite to the contrary, I consider it to be of utmost importance in the citizenship context insofar as it belongs to the very nature of citizenship or democratic citizenship. Yet the fact that societies were undemocratic does not mean they did not have citizenship. This was so in the Middle Ages just as it is today.

It is clear that, since The Hague Convention, regarding certain questions relating to the conflict of nationality laws in the 1930s, the principle of the exclusive domestic domain in citizenship matters is not absolute. 48 G. MATIAS In fact, the exceptions and limitations set forth in the Convention on the State’s sovereignty over citizenship are stronger and broader than some authors even recognize today. It is also clear that these exceptions and limitations grew stronger in the international instruments approved afterward.

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