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Justice and Authority in Immigration Law

Justice and Authority in Immigration Law

  • Author:
  • Publisher: Hart Publishing
  • ISBN: 9781509915446
  • Published In: June 2017
  • Format: Paperback , 170 pages
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only

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  • Description 
  • Contents 
  • Author 
  • Details

    This book provides a new and powerful account of the demands of justice on immigration law and policy. Drawing principally on the work of Adam Smith, Immanuel Kant, and John Rawls, it argues that justice requires states to give priority of admission to the most disadvantaged migrants, and to grant some form of citizenship or non-oppressive status to those migrants who become integrated.

    It also argues that states must avoid policies of admission and exclusion that can only be implemented through unjust means. It therefore refutes the common misconception that justice places no limits on the discretion of states to control immigration.

  • Introduction
    I. Four Predicaments
    II. Justifying Immigration Policies: Rawls, Kant, and Smith
    III. Some Parameters and Stipulations

    Part I: Preliminaries
    I. Introduction
    II. Justice and Authority
    III. The Universality of Justice
    IV. Justice and Authority in Immigration Governance
    V. Moving on
    2. Inegalitarianism in Immigration Governance
    I. Introduction
    II. Some Considered Judgements of Injustice in Immigration
    III. Discretionary Doctrines
    IV. Inegalitarianism in Immigration Law
    V. Inegalitarianism: Four Examples
    VI. Moving on

    Part II: The Authority of Immigration Regimes
    3. The Rightful Governance of Immigration
    I. Introduction
    II. The Argument for the Postulate of Public Right
    III. The Moral Standing of States and Required Forms of Partiality
    IV. The Duty to Govern Immigration Rightfully
    V. Immigration Regimes as Status Regimes
    VI. Moving on
    4. Two Absolutisms
    I. Introduction
    II. An Absolutist Schematic
    III. Communitarian Absolutism
    IV. Liberal Pessimism
    V. Moving on
    5. The Authority of Immigration Law
    I. Introduction
    II. Consent
    III. Fairness
    IV. The Natural Duty of Justice as a Principle of Political Obligation
    V. How Just Immigration Regimes Can Have Authority
    VI. Moving on

    Part III: Justice in Immigration Governance
    6. The Indirect Principle of Freedom of Migration
    I. Introduction
    II. Two Frameworks
    III. The Value of Freedom of Movement
    IV. The Global Distributive Justice Alternative
    V. The Indirect Principle
    VI. Moving on
    7. Priority of Admission for the Worst-off Migrants
    I. Introduction
    II. Contextualism and Universalism
    III. A Contextualist Universalist Method
    IV. A Constructivist Approach to Immigration V. Free and Equal Migrants VI. A Basic Liberty
    VII. A Non-lexical Liberty
    VIII. Prioritizing the Worst off
    IX. Principles for the Just Governance of Immigration

  • Colin Grey is a legal adviser at the Immigration and Refugee Board of Canada.

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