Cittadinanza, identità e il sovrano potere di escludere

• Autores: Patricia Mindus
• Localización: Ragion pratica, ISSN 1720-2396, Nº. 39, 2012, págs. 477-494
• Idioma: italiano
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• Resumen

  • Modern Law frames citizenship mainly in terms of nationality, allegedly the expression of the identity of the national community. Here I suggest a criticism of this basic conception of belonging: First, because of reasons dependants on the ambiguity of the very idea of nations; Second, because of the artificial character of the models of nationality prevailingly elaborated by legal science; Third, because the model of nationality does less than bargained for. It basically creates more problems than it is said to resolve. In particular, I focus on statelessness and the debate on citizenship as «the right to have rights» and explain why this idea is fundamentally flawed.