Skip to main content Accessibility help
×
Hostname: page-component-5cf477f64f-n7lw4 Total loading time: 0 Render date: 2025-04-02T00:37:51.301Z Has data issue: false hasContentIssue false

59 - Migration

from Part IV - Challenges for Constitutional Democracy

Published online by Cambridge University Press:  27 March 2025

Richard Bellamy
Affiliation:
University College London
Jeff King
Affiliation:
University College London
Get access

Summary

The issue of international migration raises distinctive normative challenges for liberal democratic states, which regard certain rights and liberties as fundamental and have institutionalized them through constitutions. Most migrants want little more than to make better lives for themselves. If people wish to migrate across borders, why shouldn’t they be able to? States exercise power over borders, but what, if anything, justifies this power? If states are justified in excluding some and accepting others, what should be their criteria of selection? This chapter provides an overview of the leading normative positions on migration. It considers two main positions: arguments for open borders and arguments for state sovereignty. It then makes the case for a middle-ground position of qualified state sovereignty, “controlled borders and open doors.” The final section discusses two challenges to liberal constitutionalism posed by migration: what is owed to refugees outside a state’s borders and unauthorized migrants inside a state’s borders.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2025

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Recommended Reading

Abizadeh, A. (2008). Democratic Theory and Border Coercion: No Right to Unilaterally Control Your Own Borders. Political Theory, 36 (1), 3765.CrossRefGoogle Scholar
Blake, M. (2013). Immigration, Jurisdiction, and Exclusion. Philosophy & Public Affairs, 41 (2), 103130.CrossRefGoogle Scholar
Brock, G. & Wellman, C. H. (2011). Debating the Ethics of Immigration: Is There a Right to Exclude? Oxford: Oxford University Press.Google Scholar
Carens, J. (1987). Aliens and Citizens: The Case for Open Borders. Review of Politics, 49 (2), 251273.CrossRefGoogle Scholar
Carens, J. (2013). The Ethics of Immigration, Oxford: Oxford University Press.Google Scholar
Fine, S. (2013). The Ethics of Immigration: Self-Determination and the Right to Exclude. Philosophy Compass, 8 (3), 254268.CrossRefGoogle Scholar
Miller, D. (2016). Strangers in Our Midst: The Political Philosophy of Immigration, Cambridge, MA: Harvard University Press.CrossRefGoogle Scholar
Oberman, K. (2016). Immigration as a Human Right. In Fine, Sarah and Ypi, Lea, eds., Migration in Political Theory: The Ethics of Movement and Membership. Oxford: Oxford University Press, pp. 3256.CrossRefGoogle Scholar
Pevnick, R. (2011). Immigration and the Constraints of Justice: Between Open Borders and Absolute Sovereignty, Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Shachar, A. (2009). The Birthright Lottery: Citizenship and Global Inequality, Cambridge, MA: Harvard University Press.Google Scholar
Song, S. (2017). Why Does the State Have the Right to Control Immigration? In: Knight, J., ed., NOMOS LVII: Migration, Emigration, and Immigration. New York: New York University Press, pp. 350.Google Scholar
Song, S. (2018). Immigration and the Limits of Democracy, Oxford: Oxford University Press.CrossRefGoogle Scholar
Souter, J. (2014). Towards a Theory of Asylum as Reparation for Past Injustice. Political Studies, 62 (2), 326342.CrossRefGoogle Scholar
Walzer, M. (1983). Spheres of Justice: A Defense of Pluralism and Equality, New York: Basic Books.Google Scholar
Wellman, C. H. (2008). Immigration and Freedom of Association. Ethics, 119(1), 109141.CrossRefGoogle Scholar

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Migration
  • Edited by Richard Bellamy, University College London, Jeff King, University College London
  • Book: The Cambridge Handbook of Constitutional Theory
  • Online publication: 27 March 2025
  • Chapter DOI: https://doi.org/10.1017/9781108868143.069
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Migration
  • Edited by Richard Bellamy, University College London, Jeff King, University College London
  • Book: The Cambridge Handbook of Constitutional Theory
  • Online publication: 27 March 2025
  • Chapter DOI: https://doi.org/10.1017/9781108868143.069
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Migration
  • Edited by Richard Bellamy, University College London, Jeff King, University College London
  • Book: The Cambridge Handbook of Constitutional Theory
  • Online publication: 27 March 2025
  • Chapter DOI: https://doi.org/10.1017/9781108868143.069
Available formats
×