Constitutional Hypostases of Citizenship of the West European Countries

Ivan N. Kuksin, Marina V. Markhgeym, Alevtina E. Novikova, Valerij N. Samsonov, Evgeniy E. Tonkov

Özet


In this article, citizenship is considered in its various forms, based on a comparative legal analysis of the texts from the constitutions of Western European countries, taking into account doctrinal developments and the influence of various social phenomena and processes. Being derived from the sovereign public will, citizenship in the constitutional legal doctrine is traditionally treated as a stable legal relationship between a person and a state, expressed in the aggregate of their mutual rights and obligations. An analysis of the constitutional texts of Western European countries showed that citizenship was enshrined in them as a legal relationship, which parties could be states, as well as a state and an individual; citizenship was also enshrined as a constitutional-legal institution with varying degrees of structural and compositional concentration of its norms, as an independent law and a condition for the exercise of other constitutional rights, freedoms and duties. Typical and special constitutional features of the citizenship of Western European countries are shown.


Anahtar Kelimeler


Citizenship, Nationality, Constitution, Legal status, Human rights, Sovereignty, State.

Tam Metin:

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Referanslar


Aleinikoff, T. A. & Klusmeyer, D. (Eds.). (2010). Citizenship today: global perspectives and practices. Brookings Institution Press.

Bauböck, R. (1994). Transnational citizenship.

Brubaker, R. (2009). Citizenship and nationhood in France and Germany. Harvard University Press.

Convention on Certain Questions Relating to the Conflict of Nationality Laws (The Hague, 12 April 1930) // http://eudo-citizenship.eu

Convention on the nationality of married women of 29 January 1957// http://www.humanrights.is/static/files/Itarefni/convention-on-the-nationality-of-married-women.pdf

Convention on the reduction of cases of multiple nationality and military obligations in cases of multiple nationality (Strasbourg, 6 may 1963) // http://www.legislationline.org/ru/documents/action/popup/id/14443

Convention on the reduction of statelessness. Adopted by the UN General Assembly on 30 August 1961 // http://legal.un.org/ilc/texts/instruments/english/conventions/6_1_1961.pdf

Dower, N. & Williams, J. (2003). An introduction to global citizenship (Vol. 7, pp. 21-29). Edinburgh: Edinburgh University Press.

Favell, A. (2016). Philosophies of integration: immigration and the idea of citizenship in France and Britain. Springer.

Habermas, J. (2003). Citizenship and national identity (Vol. 3) Globalization: Global membership and participation.

Hansen, R. & Weil, P. (2002). Dual nationality, social rights and federal citizenship in the US and Europe: The reinvention of citizenship. Berghahn books.

Heater, D. (2013). What is citizenship? John Wiley & Sons.

Howard, M. M. (2009). The politics of citizenship in Europe. Cambridge University Press.

Isin, E. F. & Wood, P. K. (1999). Citizenship and identity (Vol. 448). Sage.

Jacobs, D. & Rea, A. (2007). The end of national models? Integration courses and citizenship trajectories in Europe. International Journal on Multicultural Societies (IJMS), 9(2), 264-283.

Joppke, C. (1999). How immigration is changing citizenship: a comparative view. Ethnic and racial studies, 22(4), 629-652.

Joppke, C. (2007). Transformation of citizenship: status, rights, identity. Citizenship studies, 11(1), 37-48.

Kofman, E. (2005). Citizenship, migration and the reassertion of national identity. Citizenship studies, 9(5), 453-467.

Kutafin, O. E. (2003). Russian citizenship. M.: Yurist. (In Russian)

Laguerre, M. S. (2016). Diasporic Citizenship: Haitian Americans in Transnational America. Springer.

Lister, R. (2007). Inclusive citizenship: Realizing the potential 1. Citizenship studies, 11(1), 49-61.

Maltsev, G. V. (1968). The Problem of personality in Soviet law. Soviet state and law, 4. (In Russian)

Maltsev, G. V. (2007) The Social foundations of law. M., Norma. (In Russian)

Markhgeym, M. V. (2005). Protection of human rights and freedoms in modern Russia: a systemic constitutional model, the problems of its functioning and improvement. Rostov-on-Don. (In Russian)

Oliver, D. & Heater, D. B. (1994). The foundations of citizenship. Harvester/Wheatsheaf.

Ong, A. (1999). Flexible citizenship: The cultural logics of transnationality. Duke University Press.

Ong, A. (2006). Neoliberalism as exception: Mutations in citizenship and sovereignty. Duke University Press.

Pattie, C.; Seyd, P. & Whiteley, P. (2004). Citizenship in Britain: Values, participation and democracy. Cambridge University Press.

Shklar, J. N. (1991). American citizenship: The quest for inclusion (Vol. 3). Harvard University Press.

Turner, B. S. (1993). Contemporary problems in the theory of citizenship. Citizenship and social theory, 1-18.

Vitruk, N. V. (2008). The General theory of the legal status of the individual. M.: Norma. (In Russian).




DOI: http://dx.doi.org/10.7596/taksad.v6i4.1173

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