The Constitutional Challenge of Migration from a Republican Perspective
23 Pages Posted: 6 Nov 2019
Date Written: October 25, 2019
This paper shall come to grips with the following problem: Does a republican state have a duty of special kind to migrant pepole? The first section of the paper presents the problem in terms that are specially acute for the Latin American context. The second section reviews the literature on the ethics of migration. There, I contend that the acknowledgment of a right to migrate is not necessarilty correlated with a duty to have an unconstrained open borders policy. In the third section, the ideal of freedom as non-domination is presented and applied to the ethics of migration. The final section suggests how the republican ideal may be implemented through judicial interpretation and constitutional design.
Keywords: Constitutional Law, Ethics of Migration, Republicanism
Suggested Citation: Suggested Citation