Illiberal Liberalism: Cultural Restrictions on Migration and Access to Citizenship in Europe

54 Pages Posted: 23 Feb 2010 Last revised: 10 Dec 2014

See all articles by Liav Orgad

Liav Orgad

Interdisciplinary Center (IDC) Herzliyah - Radzyner School of Law; European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS); WZB Berlin Social Science Center

Date Written: May 28, 2009

Abstract

This article addresses a simple but important and understudied question: Is culture a legitimate criterion for regulating migration and access to citizenship? While focusing on France, Germany, the Netherlands, the United Kingdom and Denmark, I describe how these states embrace illiberal migration policies which violate the same values they seek to protect. I then construct a two-stage set of immigration-regulation principles: In the first stage, immigrants would have to accept some structural liberal-democratic principles as a prerequisite for admission; these principles are not culturally-oriented but constitute a system of rules governing human behavior in liberal democracies. In the second stage, as part of the naturalization process, immigrants would have to recognize and respect some constitutional principles essential for obtaining citizenship of a specific state. I call this concept 'National Constitutionalism'. As the American debate on immigrant integration policy comes at a decisive moment, the European experience has some important lessons for U.S. policymakers.

Keywords: Immigration Law, Comparative Law, Political Theory, Multiculturalism, European Law

Suggested Citation

Orgad, Liav, Illiberal Liberalism: Cultural Restrictions on Migration and Access to Citizenship in Europe (May 28, 2009). American Journal of Comparative Law, Vol. 58, No. 1, 2010. Available at SSRN: https://ssrn.com/abstract=1411042

Liav Orgad (Contact Author)

Interdisciplinary Center (IDC) Herzliyah - Radzyner School of Law ( email )

P.O. Box 167
Herzliya, 46150
Israel
+972-9-9527329 (Phone)

European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS) ( email )

Villa La Fonte, via delle Fontanelle 18
50016 San Domenico di Fiesole
Florence, Florence 50014
Italy

HOME PAGE: http://https://www.liavorgad.com

WZB Berlin Social Science Center ( email )

Reichpietschufer 50
D-10785 Berlin, 10785
Germany

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