On the Right of Exclusion PDF ePub eBook

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On the Right of Exclusion free pdf On the Right of Exclusion: Law, Ethics and Immigration Policy addresses Western immigration policies regarding so-called 'normal migrants , i.e. migrants without a legal right to admission. The book argues that if authorities cannot substantially justify the exclusion of a normal migrant, the latter should be admitted. By contrast, today authorities still believe they may deny normal migrants admission to the territory without giving them proper justification. Bas Schotel challenges this state of affairs and calls for a reversal of the default position in admission laws. The justification should, he argues, involve a serious accounting for the interests and reasons applicable to the normal migrant seeking admission. Furthermore, the first burden of justification should lie with the authorities. To build this case, the book makes three types of argument: legal, ethical and institutional. The legal argument shows that there are no grounds in either sovereignty or the structure of law for current admission practices. Whilst this legal argument accounts for a duty to justify exclusion, the ethical argument shows why the authorities should carry the first burden of justification. Finally, the institutional argument explores how this new position might be implemented. An original, yet practical, undermining of the logic that underlies current immigration laws, On the Right of Exclusion: Law, Ethics and Immigration Policy will be essential reading for those with intellectual, political and policy interests in this area.

About Bas Schotel

Bas Schotel is Assistant Professor of Legal Theory at the University of Amsterdam. The book is based on a Ph.D. thesis sponsored by the Vrije Universiteit Brussel

Details Book

Author : Bas Schotel
Publisher : Routledge
Data Published : 07 December 2012
ISBN : 0415823978
EAN : 9780415823975
Format Book : PDF, Epub, DOCx, TXT
Number of Pages : 232 pages
Age + : 15 years
Language : English
Rating :

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