Abstract

In this article, citizenship is considered in its various forms, based on a comparative legal analysis of the texts from the constitutions of Western European countries, taking into account doctrinal developments and the influence of various social phenomena and processes. Being derived from the sovereign public will, citizenship in the constitutional legal doctrine is traditionally treated as a stable legal relationship between a person and a state, expressed in the aggregate of their mutual rights and obligations. An analysis of the constitutional texts of Western European countries showed that citizenship was enshrined in them as a legal relationship, which parties could be states, as well as a state and an individual; citizenship was also enshrined as a constitutional-legal institution with varying degrees of structural and compositional concentration of its norms, as an independent law and a condition for the exercise of other constitutional rights, freedoms and duties. Typical and special constitutional features of the citizenship of Western European countries are shown.

Highlights

  • Citizenship refers to those capacious legal phenomena, the essence, the features and content of which, while continuing to be of interest for scientists, grow, refined, and revised through the prism of other social phenomena and processes

  • An analysis of the constitutional texts of Western European countries showed that citizenship was enshrined in them as a legal relationship, which parties could be states, as well as a state and an individual; citizenship was enshrined as a constitutional-legal institution with varying degrees of structural and compositional concentration of its norms, as an independent law and a condition for the exercise of other constitutional rights, freedoms and duties

  • The Constitution of the Principality of Liechtenstein stipulates that "Acquisition and loss of citizenship are regulated by law" (Article 30); the Constitution of the Kingdom of the Netherlands: "Citizenship of the Netherlands is governed by the Act of Parliament" (Part 1, Article 2), the Constitution of the Kingdom of Sweden: "The law regulates... questions on: 1) Swedish citizenship..." (§ 2, Ch. 8)

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Summary

Introduction

Citizenship refers to those capacious legal phenomena, the essence, the features and content of which, while continuing to be of interest for scientists, grow, refined, and revised through the prism of other social phenomena and processes. New characteristics [8, 9, 10, 11, 12] and the contexts of the study of citizenship are revealed [13, 14]. Citizenship is associated traditionally with a state [15, 16, 17, 18], in modern works it is associated with a group of countries [19]. Citizenship is applied to the constitutional characteristics of both the state and the legal position of a person. This, together with the sovereign public will, determines its constitutional diversity

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