This chapter suggests that the tensions and arguments underlying migration law at the turn of the 20th century were mainly driven by two key ideas: the priority of state sovereignty over individual freedom and the ex- traordinariness of mass mobility. Common features of the development of mi- gration law in the age of mass migration in different Western countries will be explored, including: the exceptionality of migration law and its derogation from constitutional rules; the administrativisation of migration law; the crim- inalisation of migrants; and the key role played by racial identities in the building of border control regulations.
Exceptionality and common features of migration law in the age of mass migration
Pifferi
2024
Abstract
This chapter suggests that the tensions and arguments underlying migration law at the turn of the 20th century were mainly driven by two key ideas: the priority of state sovereignty over individual freedom and the ex- traordinariness of mass mobility. Common features of the development of mi- gration law in the age of mass migration in different Western countries will be explored, including: the exceptionality of migration law and its derogation from constitutional rules; the administrativisation of migration law; the crim- inalisation of migrants; and the key role played by racial identities in the building of border control regulations.I documenti in SFERA sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
