The Constitutional Challenge of Migration from a Republican Perspective

23 Pages Posted: 6 Nov 2019

See all articles by Pedro A. Caminos

Pedro A. Caminos

Universidad de Buenos Aires, Faculty of Law, Students

Date Written: October 25, 2019

Abstract

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

Caminos, Pedro Atahualpa, The Constitutional Challenge of Migration from a Republican Perspective (October 25, 2019). Available at SSRN: https://ssrn.com/abstract=3476003 or http://dx.doi.org/10.2139/ssrn.3476003

Pedro Atahualpa Caminos (Contact Author)

Universidad de Buenos Aires, Faculty of Law, Students ( email )

Buenos Aires
Argentina

Register to save articles to
your library

Register

Paper statistics

Downloads
30
Abstract Views
136
PlumX Metrics