The Legal-domestic Sources of Immigrant Rights
The Legal-domestic Sources of Immigrant Rights
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移民权利的国内合法来源
DOI：
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发表时间：
2001
期刊：
影响因子：
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通讯作者：
C. Joppke
中科院分区：
文献类型：
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作者：
C. Joppke
This article traces the evolution of two types of immigrant rights—alien rights and the right to citizenship—across three polities (the United States, Germany, and the European Union). It argues that the sources of rights expansion are mostly legal and domestic: Rights expansion originates in independent and activist courts, which mobilize domestic law (especially constitutional law) and domestic legitimatory discourses, often against restriction-minded, democratically accountable governments. The legal-domestic hypothesis is qualified and differentiated according to polity, migrant group, and type of immigrant right.
