Chapter

Nationality and Alienage

John Finnis

in Human Rights and Common Good

Published in print April 2011 | ISBN: 9780199580071
Published online September 2011 | e-ISBN: 9780191729393 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199580071.003.0010
Nationality and Alienage

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This chapter articulates, and provides the (English) constitutional-historical and recent legal background for, a constitutional principle: risks to the public good that must be accepted when posed by a citizen — who therefore cannot be deported — need not be accepted when posed by a non-citizen, and may be obviated by the foreigner's expulsion. This is compatible with the right of everyone alike to be treated alike — equality before the law — while within the territory. The rationale of the principle finds support in parts of Raz's and other political theorists' discussion of multiculturalism and the conditions for a welfare and rule-of-law state.

Keywords: nationality; deportation; right to equality; Raz; multiculturalism; welfare states

Chapter.  8855 words. 

Subjects: Jurisprudence and Philosophy of Law

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