Transformation Of Citizenship Research Articles

Communicative Constitutionalism, Constitutional Involvement and Citizenship in the Public Legal Space of Algorithmic and Information Society

The paper dwells on theoretical foundations and methodological significance of communicative constitutionalism, provides an academic basis for constitutional communication in the public legal space, shows the problems of constitutional law nature arising in the information society. Communicative constitutionalism and digital citizenship are considered as hybrid institutions in the field of public law and information space. The author draws attention to the nature and significance of the institute of public participation or the institute of public participation in the public law area, various forms of its manifestation, notes the process of institutionalization of constitutional law as the law of society and public interests based on the research of domestic and foreign scholars The paper explains the public law nature of communicative constitutionalism, the complex nature and transformation of citizenship as a public law and as an information-digital entity. As a conclusion, it is noted that there is a fragmentation and dispersion of legal regulation and institutional design of institutions of public initiatives, public discussions and the identification of public opinion concerning publicly significant issues, draft regulatory legal acts, and constitutional amendments. There is no institution of scientific expertise guaranteed by constitutional legislation along with public discussion.In the order of legal scientific initiatives the author proposes to: 1) incorporate into the legislation the principle of scientific federalism and public participation in the development of draft amendments to the Constitution of the Russian Federation and the draft of a new Constitution; 2) consolidate at the legislative or constitutional law level the obligation of subjects of the initiative to revise the Constitution and constitutional amendments to send draft amendments submitted to the State Duma, to the leading universities of the country, research institutes of the Russian Academy of Sciences in order to conduct discussions and adopt conclusions; 3) create legislative guarantees to attract citizens through Internet technologies to discuss the content of amendments to the Constitution, the draft of a new Constitution, including the right to propose revisions of certain norms

The Legacy of the Numerus Clausus One Hundred Years On

The Legacy of the Numerus Clausus One Hundred Years On

The Numerus Clausus: A Transitory Act between Liberal and Ethnic Nationalisms

ABSTRACT This contribution situates the numerus clausus law in the process of the transformation of Hungarian nationalism, which started around the 1890s. The law was a transitory piece of legislation, consciously worded not as a radical break with, but rather a continuation of the emancipatory aspects of liberal nationalism. Its more immediate foundations can be traced to the transformation of citizenship through the welfare and redistribution attached to group membership, as well as the idea that higher education provided entry into the authentic leading strata of the nation, the middle class. Both were ideas that gained in prominence during World War I.

Citizenship and Unauthorised Migration: a Dialectical Relationship

AbstractThe relationship between citizenship and immigration law is often conceived as a conceptual dichotomy in which the former functions as the rhetorical domain of inclusion while immigration law does the dirty work of detention, deportation and snooping into peoples’ lives in order to uphold the inclusive values of the internal domain. States however employ a variety of practices of immigration control that infringe citizens’ rights and produce lasting dilatory effects on citizenship itself. Focusing on two specific case studies – racial profiling in identity checks carried out for immigration purposes and the standards of interpretation developed by the European Court of Human Rights in regard to the right to family life in expulsion cases – this article argues that current practices of immigration control result in a transformation of citizenship along racialised lines, which hollows citizenship's normative core of equality and liberty.

Ciudadanía y Transformación Social

La Ciudadanía desde la edad antigua hasta la contemporánea ha presentado una transformación de significado dentro de la sociedad, reflejado en el desarrollo del hombre como ser social y su comportamiento para el cambio. Este ensayo ofrece de manera resumida un avance histórico a fin de realizar una descripción de los avances sociales con la incorporación paulatina de los derechos del individuo influenciados por la religión, de tal manera que la expresión de la ciudadanía ha logrado cierta transformación social con esta influencia religiosa, en la cual, el ciudadano era aquel que además de cumplir con las obligaciones antes descritas debía cumplir con las leyes de Dios. Es así, como se relaciona la ciudadanía con la convivencia y el cristianismo. Tomando como referencia lo antes expuesto y el avance de la historia enmarcada en el ámbito tecnológico, la transformación de la ciudadanía ya para la época del modernismo actual surge la democracia como forma de considerar al ciudadano un ser rodeado de derechos políticos de participación, todo ello, a su vez, enmarcado dentro de los diferentes modelos de ciudadanía que van tejiendo características propias dependiendo del ámbito social de desarrollo.

Elusive Refuge: Chinese Migrants in the Cold War

Book Review| January 01 2018 Elusive Refuge: Chinese Migrants in the Cold War Elusive Refuge: Chinese Migrants in the Cold War. By Laura Madokoro. Cambridge: Harvard University Press, 2016. 331 pp. Notes, bibliography, and index. $45 (cloth). Angelina Chin Angelina Chin Pomona College Angelina Chin is Associate Professor of History at Pomona College. Her research interests revolve around transformations of citizenship, as well as transregional connections in Hong Kong, Taiwan, and South China. She is currently working on a project on diasporic nostalgia of Chinese refugees from the 1940s to the 1970s. Search for other works by this author on: This Site Google Journal of American Ethnic History (2018) 37 (2): 87–89. https://doi.org/10.5406/jamerethnhist.37.2.0087 Cite Icon Cite Share Icon Share Facebook Twitter LinkedIn MailTo Permissions Search Site Citation Angelina Chin; Elusive Refuge: Chinese Migrants in the Cold War. Journal of American Ethnic History 1 January 2018; 37 (2): 87–89. doi: https://doi.org/10.5406/jamerethnhist.37.2.0087 Download citation file: Zotero Reference Manager EasyBib Bookends Mendeley Papers EndNote RefWorks BibTex toolbar search Search Dropdown Menu toolbar search search input Search input auto suggest filter your search All Scholarly Publishing CollectiveUniversity of Illinois PressJournal of American Ethnic History Search Advanced Search The text of this article is only available as a PDF. Copyright 2018 by the Board of Trustees of the University of Illinois2018 Article PDF first page preview Close Modal Issue Section: Reviews You do not currently have access to this content.

Resistance through Accommodation: A Citizenship Approach to Migrant Worker NGOs in China

Based on ethnographic fieldwork among migrant worker NGOs conducted between 2011 and 2016, this article employs critical theories of citizenship to illustrate how migrant worker NGOs use a strategy of ‘resistance through accommodation’ to re-shape the citizenship regime and discourse in China. The dominant literature on labour activism tends to discount the potential for migrant worker NGOs to undertake resistance, on account of their dependency upon the state and the market. The article contends that while NGOs must engage in relations with the state and the market to ensure their own survival, their activism does not ultimately centre on either resisting or accommodating these actors directly, but rather upon a broader engagement process aimed at the strategic purpose of ‘citizenship transformation’.

Citizenship and inequality in a global age

AbstractAlthough the notion of national citizenship has long held the promise of equal membership, it has proved less useful in a world of circulating cultures, people, and loyalties through money, media, and migration. The increasing mobility of capital and people across national borders compels us to conceptualize welfare and inequality at the global level. Although the enforcement of citizen rights remains within the purview of the nation‐state, the source of these rights can no longer be firmly placed within the national framework. From cosmopolitan imaginations to postnational research, contemporary configurations of citizenship trace their legitimacy to global discourses that increasingly challenge the national order of citizenship. Yet current transformations in citizenship also point to the possibility of new inequalities, particularly, when nation‐states are increasingly able to modulate the rights they make available to immigrants, and differentiate among refugees, professionals, and investors among many other categories of people.

Redefining membership: restrictive rights and categorisation in European Union migration policy

ABSTRACTThis article analyses European Union (EU) policy-making on the rights of third-country nationals (TCN) against the backdrop of theoretical literature on the transformation of citizenship. The aim is to evaluate why and to which extent EU policy expands citizenship rights to TCNs, thus redefining the criteria for membership in the European polity. The research emphasises the role of norms and frames in policy-making and is based on secondary sources, primary documents and semi-structured interviews. The analysis reveals how the combination of a principled conflict over citizenship and a strategic conflict over competence led to a legal framework characterised by ‘restrictive rights’ and ‘politics of categorisation’. ‘Restrictive rights’ means that membership rights are granted to TCN in principle, but subject to very restrictive conditions. ‘The politics of categorisation’ refers to the political construction of migrant categories that are subject to different rights-regimes. Both phenomena have the ambiguous effect of enabling the expansion of rights to non-citizens while at the same time creating new lines of division and mechanisms of exclusion.

In Search of a Demos: Transformations of Citizenship and Belonging in the Republic of Macedonia

The paper explores the transformations of citizenship regimes and belonging in the Republic of Macedonia within the framework of five consecutive and at times overlapping phases: the (zero) socialist phase; the consolidation phase; the contestation phase; the intervention phase and the stabilisation phase. It argues that they were/are accompanied by a corresponding specific type of citizenship: supranational; abortive ethno-national; ethnizenship and new supranational (European) citizenship. Through analysis of context-specific and regional developments, the paper explores the phenomena of politicisation of citizenship, minority rights, diaspora and Europeanisation in addition to providing an insight into the different citizenship regimes Macedonia has gone through and the implications of their transformations and amendments at different points in time.

Contractualization, depoliticization and the limits of solidarity: noncitizens in contemporary Australia

This paper seeks to analyze a particular form of noncitizenship – arising from legal long-term temporary migration – that is increasingly significant to the contemporary Australian context and to understand some of its consequences. It argues that traditional pathways of permanent settlement and full citizenship are being disrupted by new temporary migration schemes that create ‘middling’ noncitizen subjects who experience ‘patchwork’ rights and statuses across complex and diverse migration pathways. Through a close analysis of policy narratives and discourses, as well as of the existing literature on the social conditions and emerging solidarities of these noncitizens, the paper shows the various ways that noncitizenship is depoliticized and citizenship contractualized in Australia. These entwined processes of depoliticization and contractualization have intimate effects on the lives of noncitizens, and also limit and constrain the emerging solidarities that seek to challenge their exclusion. The analysis has a number of implications for the ongoing study of contemporary transformations in citizenship in other ‘immigrant democracies’ globally.

Strategic citizens of America: transnational inequalities and transformation of citizenship

ABSTRACTThis article analyses the process whereby ‘natural' citizens of one country mobilize their resources so that their children receive by birthright, the citizenship of a rich liberal democracy. Utilizing the case of Turkish upper classes, who give birth in the USA in order to benefit from the jus soli principle, we trace the emergence of new inequalities at the intersection of multiple citizenship regimes. We show that, by mobilizing resources in markets of health care, travel, and real estate, those with means can acquire US citizenship for their children in expectation of future benefits. Because they are able to access ‘valuable' citizenships, these actors can strategically combine privileges within nation states with inequalities between citizenship regimes at the global level for the children. Their differential access to citizenship enhances the gate-keeping functions of citizenship. Based on these observations, we draw an analogy between citizenship and property regimes, understood broadly.

Sembrar Derechos. Reconfiguración del trabajador rural como sujeto de derecho, en los procesos de integración regional y universal

Este artículo analiza la reforma del régimen de trabajo rural en Argentina, desde el debate teórico sobre la reconfiguración del trabajador, como sujeto de derecho universal, y la transformación del demos, frente a la normativa supraestatal generada por los procesos de integración regional y de globalización. El objetivo de este trabajo consiste en indagar sobre la incidencia de este proceso en el grado de incorporación de estándares internacionales de derechos humanos, en la normativa que regula el trabajo agrícola argentino. En el primer apartado se desarrolla el debate sobre las variaciones en el concepto de ciudadanía, a fin de repensar en qué medida incide en la reconfiguración jurídica del trabajador, de ciudadano nacional a sujeto de derecho regional y universal. En el segundo, se realiza un breve análisis de cierta normativa supranacional que manifiesta la internacionalización de los derechos de los trabajadores. Finalmente, se comentan los puntos estratégicos de la última reforma del régimen de trabajo rural argentino, procurando destacar los principales cambios producidos por esta legislación en materia de incorporación de Derechos Económicos, Sociales y Culturales. La metodología seleccionada para el desarrollo de esta propuesta consiste en el análisis teórico y normativo, sobre la transformación del demos y de las normas referidas al nuevo régimen de trabajo agrario argentino (Ley Nacional 26.727), a los derechos humanos de los trabajadores en MERCOSUR, como organismo de integración regional, y del PIDESC.

Being an Activist: Feminist Citizenship Through Transformations of Yugoslav and Post-Yugoslav Citizenship Regimes

The Yugoslav wars of succession have had a great impact on how feminism in the region has been researched and written about. A lot of significant research has addressed relation of feminism to (anti-) nationalism and peace-building processes, whereas the transformations of citizenship, caused by the multiple changes of the former Yugoslav citizenship regimes, were mainly out of focus. This paper will attempt to connect relevant investigations in feminist citizenship, its meaning and scope, with the alterations of citizenship regimes in the former Yugoslavia and its successor states. The assumption is that one could differentiate between three different citizenship regimes – the first framed by the socialist self-management state, the second by the nation-building processes and violent disintegration of the former state, and the last one by post-socialist, post-conflict transitional circumstances – which had also a strong impact on the uneven development of gender regimes in Yugoslavia and its successor states. Feminist citizenship is understood as a paradigm of activist citizenship which contests and challenges the meanings of citizenship itself. It will be argued that feminist citizenship has to be seen as both an effect of deep changes in citizenship regimes, but also as a constant challenge to their sedimentation. The paper will thus seek to offer an alternative reading of history of feminism in Yugoslavia and its successor states, relying mainly on the concepts of activist citizenship and citizenship regimes. It will also show that with the changes in citizenship regime the frames of interpretation change as well, changing the meaning of feminism as a political force.

Transformation of Citizenship and Governance in Asia: The Challenges of Social and Mobile Media

This special issue showcases innovative scholarly works examining the role of social and mobile media in the formation and/or transformation of democratic citizenship in some of the most populous and economically powerful countries in Asia—China, India, Japan and South Korea.

Lightening of Citizenship and Its Implication for Social Policy: 'Social Security Lite' in the Making?

This paper is an attempt to connect the internal and the external aspects in the transformation of citizenship, building on Christian Joppke's hypothesis on the 'lightening of citizenship'. Taking social policy developments in the EU as an example, the paper contends that lightening of citizenship entails universalization and lightening of social policy. It also highlights the leading role of the CJEU in this transformation. Substantially, we argue that universalisation and lightening of social security corresponds to functional requirement of the internal market and the increasingly diversified life career of its citizenry. In this regard, 'lightening' should be conceptually separated from mere 'retrenchment'. This direction has been augmented by the intervention of the ECJ, whose judgements has built on the Union Citizenship and enhanced individual social rights protection. Featuring citizenship as a universal status, however, individual rights can be protected, but collective ordering of social relations would take a back seat.

Transformations in Citizenship

In this article, I analyze how Guatemalan indigenous citizens claim their rights to be citizens and agents of their own development through local resistance to large-scale mining projects. These indigenous communities face massive resource extraction by multinational mining companies that endangers the quality of land and water, adversely affects community relations, and impedes indigenous self-determination. At the same time, the political recognition of indigenous peoples allows them to negotiate the regulation of natural resources on the basis of their ethnic identity, as neoliberal reforms have led to decentralization and greater responsibilities for development at the municipal level. I argue that narratives of “alternative development and citizenship” are not only shaped within the multi-scalar character of the anti-mining movement but also constructed within the different ways the resistance is framed, that is, as an indigenous struggle, as a class-based resistance, or as resistance against neoliberal development policies in general. To understand the complex ways that citizenship is constructed from below, we need to take these two dimensions of analysis into account.

Beyond Hybridity and Authenticity: Globalisation, Translation and the Cosmopolitan Turn in the Social Sciences

This article focuses on current debates on the role of translation in the context of globalisation and, more specifically, on its prominence in theories of contemporary cosmopolitanism. Whereas globalisation theory was predominantly silent about the role of translation in making possible the flow of information worldwide, assuming instant communicability and transparency, translation has assumed a central importance in recent accounts of cosmopolitanism which focus on global interdependence, the negotiation of difference and the notion of multiple modernities. It is argued that such a concept of multiple modernities allows us to shift the emphasis away from notions of hybridity and authenticity and to stress the degree of interaction between different cultural traditions. A concept of translation becomes key in analysing the form in which these interactions take place and in specifying a notion of cosmopolitanism as internalisation of the other. The article finally discusses current debates on the transformation of citizenship as an instance of cosmopolitan processes of translation and internalisation of otherness.

Poética de la luz, política del gesto

On the path of El caso Pinochet (2001) and Salvador Allende (2004), Nostalgia de la luz (2010) of Patricio Guzman goes through the historical interval between Allende and Pinochet, between the popular adventure with intentions to a citizenship transformation and the techniques of the administration of life that sank through disappearancea way of civil experience. The film describes the story of a shipwreck among the rests of loss and a poetic of memory. The image is tasked with lighting up, as Benjamin states, “the fuse of the explosive that dwells in what took place”. Guzman assumes the responsibility of provoking the outbreak because in the act of placing us in front of an image he locates us in front of time where the present and the past don’t stop configuring themselves. The dynamics of memory

Citizenship in an Emigrant Nation-State: The Case of Albania

This paper explores the emergence and transformation of citizenship in Albania since the country’s independence in 1912, with a particular focus on the developments in the aftermath of the fall of communism in 1991. It argues that only after the fall of communism, which was followed by massive waves of emigration, and the subsequent liberalisation and democratisation of the Albanian state did citizenship in its modern and liberal sense slowly start to enter the political agenda in Albania. The paper also provides a detailed account of the current citizenship legislation in Albania, which reflects the country’s attempts to democratise and achieve EU membership.