The role of the state in migration control : the legitimacy gap and moves towards a regional model / by Aoife McMahon.
2017
K3275 .M35 2017 (Mapit)
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Title
The role of the state in migration control : the legitimacy gap and moves towards a regional model / by Aoife McMahon.
Imprint
Leiden ; Boston : Brill Nijhoff, [2017]
Description
viii, 310 pages ; 25 cm.
Series
Immigration and asylum law and policy in Europe ; v. 40. 1568-2749.
Formatted Contents Note
The concept of the state and its justification
The development of state control of migration
Limits on state control
Defining the object of control
The legitimacy of state control
Obstacles to legitimising state control
Moving beyond the status quo.
The development of state control of migration
Limits on state control
Defining the object of control
The legitimacy of state control
Obstacles to legitimising state control
Moving beyond the status quo.
Summary
This research questions the seemingly ossified premise that states have an absolute discretion to control international migration. Applying Max Weber's theories of legitimacy, it determines that while states have certain traditionally legitimate functions, migration control, as distinct from the determination of citizenship, is not one such function. Measures of migration control must thus be justified on a rational-legal basis, that is, on a minimal evidential basis. Acknowledging the many obstacles states face in carrying out this legitimising exercise, it is suggested that a supranational approach at the regional level is the most sustainable long-term model, with an ultimate aim of achieving inter-regional cooperation on migration management on the basis of equality between regions.
Note
Based on author's thesis (doctoral - Trinity College Dublin), 2015.
This research questions the seemingly ossified premise that states have an absolute discretion to control international migration. Applying Max Weber's theories of legitimacy, it determines that while states have certain traditionally legitimate functions, migration control, as distinct from the determination of citizenship, is not one such function. Measures of migration control must thus be justified on a rational-legal basis, that is, on a minimal evidential basis. Acknowledging the many obstacles states face in carrying out this legitimising exercise, it is suggested that a supranational approach at the regional level is the most sustainable long-term model, with an ultimate aim of achieving inter-regional cooperation on migration management on the basis of equality between regions.
This research questions the seemingly ossified premise that states have an absolute discretion to control international migration. Applying Max Weber's theories of legitimacy, it determines that while states have certain traditionally legitimate functions, migration control, as distinct from the determination of citizenship, is not one such function. Measures of migration control must thus be justified on a rational-legal basis, that is, on a minimal evidential basis. Acknowledging the many obstacles states face in carrying out this legitimising exercise, it is suggested that a supranational approach at the regional level is the most sustainable long-term model, with an ultimate aim of achieving inter-regional cooperation on migration management on the basis of equality between regions.
Bibliography, etc. Note
Includes bibliographical references (pages 249-294) and index.
Location
STA
Available in Other Form
Online version: McMahon, Aoife (Lawyer), author. Role of the state in migration control Leiden ; Boston : Brill Nijhoff, 2016
Call Number
K3275 .M35 2017
Language
English
ISBN
9789004330047 hardback alkaline paper
9004330046 hardback alkaline paper
978904330054 (e-book)
9789004330054
9004330046 hardback alkaline paper
978904330054 (e-book)
9789004330054
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