Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-2brh9 Total loading time: 0 Render date: 2024-11-26T01:33:50.611Z Has data issue: false hasContentIssue false

9 - The Inside-Out Constitution

from Part II - Border Crossings: Comity and Mobility

Published online by Cambridge University Press:  17 January 2020

Jacco Bomhoff
Affiliation:
London School of Economics and Political Science
David Dyzenhaus
Affiliation:
University of Toronto
Thomas Poole
Affiliation:
London School of Economics and Political Science
Get access

Summary

Audrey Macklin engages with Canadian case law on the ‘deportability’ of non-citizen residents, as a case study on how the protection offered by constitutional rights guarantees is undermined in the field of immigration law. This project, she emphasizes, ‘is not a “whodunit” – everyone knows the culprit is sovereignty, conventionally understood’. The question to be explored, rather is how this conception of sovereignty and its exclusionary effects are ‘operationalized in a modern constitution, and at what cost’. Macklin explores this operationalization of sovereignty in the case law on the state’s right to exclude. The guiding image for Macklin’s investigation is not so much the two-faced image of Janus, but, following the sociologist Didier Bigo, the metaphor of the ‘Mobius strip’ – ‘a rectangular ribbon that has been twisted and then joined’. Whether any claim for constitutional protection raises what Macklin calls an ‘inside problem’ for a constitutional order, is a matter of perspective. Importantly, this alternative metaphor does not deny the existence of insides and outsides: ‘it does not contemplate a borderless world, but rather one where borders are relational and perspectival [&] dynamic and contingent, but no less real’.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2020

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.)

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.

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.

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.

Available formats
×