Immigrant Rights (immigrant + right)

Distribution by Scientific Domains


Selected Abstracts


Courts, the new constitutionalism and immigrant rights: The case of the French Conseil Constitutionnel

EUROPEAN JOURNAL OF POLITICAL RESEARCH, Issue 6 2004
Christian Joppke
Immigrant rights are located within a broader ,new constitutionalism' (especially in postwar Europe), in which courts have abandoned their traditional passiveness toward the political process and taken on the role of de facto legislator. Analyzing the immigration jurisprudence of the French Conseil Constitutionnel, we argue that courts are torn between two opposite imperatives: to protect an especially vulnerable category of people from the enormous police powers of the modern administrative state; and to respect an elementary exigency of sovereign stateness , that is, the capacity to draw a distinction between ,citizens' and ,aliens' as differently situated persons without a right of entry and permanence. [source]


Convergence in Foreigners' Rights and Citizenship Policies?

INTERNATIONAL MIGRATION REVIEW, Issue 3 2008
A Look at Japan
Citizenship laws and immigrant rights in rich, democratic countries are widely understood to be converging. Since most accounts of convergence are based on Western examples, Japan is an important test case. I distinguish three theoretical accounts of convergence: global-institutionalist, liberal-democratic, and problem-solving perspectives. I then examine trends in foreigners' rights in Japan since World War II in three domains: entrance, rights of residents, and citizenship. I find that convergence is occurring in the expansion of rights, partially in access to the territory, but not in formal citizenship. While the liberal-democratic perspective fails to account for trends, a combination of global-institutionalist and problem-solving accounts provides the most powerful analytic insight into convergence processes. [source]


Re-Thinking Illegality as a Violence Against, not by Mexican Immigrants, Children, and Youth

JOURNAL OF SOCIAL ISSUES, Issue 1 2003
Jocelyn Solis
Sociohistorical theory was used to examine illegality as a form of state violence that bears upon the formation of undocumented Mexican immigrants. This article proposes a theory of dialectical violence that integrates societal with personal enactments of violence through case illustrations of Mexican youth. In a grassroots association defending immigrants' rights, youth develop within conflicting discourses about undocumented immigrants proposed by society, family, and community. Methods included ethnographic analysis of the association's documents, a workshop in which five participants authored a booklet with texts and illustrations about their lives in the city, and an interview with their mothers. Findings illustrate how Mexican youth enter a cycle of violence as a result of their undocumented status, socioeconomic class, language and ethnic-racial memberships. [source]