Search Results

The Constitution of Institutions

Elizabeth Meehan

in The Federal Vision: Legitimacy and Levels of Governance in the United States and the European Union

Begins with a brief reference to the constitutional and institutional frameworks of allegiances, identification, and citizenship rights, and goes on to argue that there are grounds for questioning ... More

Begins with a brief reference to the constitutional and institutional frameworks of allegiances, identification, and citizenship rights, and goes on to argue that there are grounds for questioning the customary conceptual and political overlap between nationality and citizenship. Some decoupling has taken place in the EU, opening, according to some commentators, the possibility of a new paradigm in citizenship praxis. Thus, the chapter explores Carlos Closa's idea that supranational citizenship has more potential than national citizenship to be democratic, and draws on Joseph Weiler's ideas, which in some respects are similar to those of Closa but differ in respect of the significance of nationality and national identity; Weiler's acknowledgement of national forces is, however, consistent with Closa's suggestion that civil society in the EU is too weak to take advantage of the more democratic potential of supranational citizenship. Both ideas can be used to infer that difficulties in European citizenship may be reinforced by enlargement, not because of the introduction of a further set of nationalities per se into a supranational citizenship system, but because of a new complexity in the principled norms that Closa says have to be present in a site of democratic citizenship. In view of this, there are lessons to be learned from American theories of republican federalism, which, as expounded by S. H. Beer (1993), have much in common with a modern interest among radical democrats in deliberative or dialogic democracy; in this respect, Weiler's ideas about a European public space must be taken seriouslyLess

Grassroots Resistance: Property Rights and Residents' Rights

You‐tien Hsing

in The Great Urban Transformation: Politics of Land and Property in China

Chapter 3 examines two types of grassroots resistance in Beijing triggered by inner‐city redevelopment. One concerns property rights protests launched by pre‐Revolution private ... More

Chapter 3 examines two types of grassroots resistance in Beijing triggered by inner‐city redevelopment. One concerns property rights protests launched by pre‐Revolution private homeowners; the other focuses on residents' rights protests by long‐term inner‐city residents displaced by redevelopment projects. The homeowners succeeded in recovering their pre‐Revolution homeownership, and their protests quickly escalated to challenge the more fundamental issue of the state's exclusive claim over land and land rents. The displaced residents, on the other hand, framed their grievances and demands not as property owners, but as residents whose livelihood is rooted in the inner city. While both groups used legalistic and territorial strategies to negotiate with the state and to expand mobilization networks, the expansion of their demands from property rights to residents' rights is particularly meaningful in the pursuit of citizenship rights.Less

Citizenship, Collective Action, and the State

Joe Foweraker and Todd Landman

in Citizenship Rights and Social Movements: A Comparative and Statistical Analysis

This chapter looks at the complexities and contradictions of citizenship rights, as well as their relation to histories of social struggle, and explicates their normative content. It also defends the ... More

This chapter looks at the complexities and contradictions of citizenship rights, as well as their relation to histories of social struggle, and explicates their normative content. It also defends the exclusive focus of the book on the civil and political rights of citizenship.Less

The Liberal State and Civil Service Reform

Luiz Carlos Bresser-Pereira

in Democracy and Public Management Reform: Building the Republican State

Citizenship rights are rights that have been won: they are always the outcome of a historical process in which persons, groups, and nations strive to acquire and assert them. The liberal state is the ... More

Citizenship rights are rights that have been won: they are always the outcome of a historical process in which persons, groups, and nations strive to acquire and assert them. The liberal state is the bourgeois state. First rises in the nineteenth century, after the French and the American liberal revolutions, under the principles of the rule of law, and of the civil rights. The nineteenth century was also the century of bureaucratic reform, through which the state apparatus eventually gained a fully modern or capitalist character. Civil service reforms are studies in Prussia, France, England, and the US.Less

The Question of Democracy

Azzam S. Tamimi

in Rachid Ghannouchi: A Democrat Within Islamism

In prison from 1980–84 Ghannouchi translates a number of works and writes some of his own on a number of topics including democracy, women's rights, and Palestine.He is influenced by Malik Bennabi, ... More

In prison from 1980–84 Ghannouchi translates a number of works and writes some of his own on a number of topics including democracy, women's rights, and Palestine.He is influenced by Malik Bennabi, whose treatise “Islam and Democracy” inspires him to lay the foundations for his own masterpiece Al‐Hurriyat al‐’Ammah (Public Liberties).In this book, Ghannouchi attempts to address issues of great interest to modern activists and thinkers in the Muslim world and of direct relevance to the debate on the role Islam plays in the lives of Muslims in the modern world.Freedom, citizenship rights, riddah (apostasy), democracy's Islamic roots, the foundations of an Islamic democracy, and such concepts as Islamic state, vicegerency, and shura are some of the topics addressed.Less

The Human Rights of Migrant Workers: Why Do So Few Countries Care?

Martin Ruhs

in The Price of Rights: Regulating International Labor Migration

This chapter examines why so few countries have ratified international legal instruments for the protection of the rights of migrant workers. The existing literature has identified a host of legal ... More

This chapter examines why so few countries have ratified international legal instruments for the protection of the rights of migrant workers. The existing literature has identified a host of legal issues and complexities as well as a lack of campaigning and awareness of the United Nations Convention on Migrant Workers (CMW) and other international conventions as key factors. The chapter argues that the primary explanation for the low level of ratifications of international migrant rights conventions lies with the effects of granting or restricting migrant rights on the national interests of migrant-receiving countries. It concludes by conceptualizing migrant rights as a subset of citizenship rights and suggests that policy decisions about the regulation of the rights of different types of migrant workers are, in practice, an integral part of nation-states' overall labor immigration policies.Less

Relating Citizenship Rights and Social Movements through Time

Joe Foweraker and Todd Landman

in Citizenship Rights and Social Movements: A Comparative and Statistical Analysis

Chapter 6 looked at the relationship between citizenship rights and social movements over time. For the periods under study in three of the four cases, the chapter concludes that this relationship is ... More

Chapter 6 looked at the relationship between citizenship rights and social movements over time. For the periods under study in three of the four cases, the chapter concludes that this relationship is mutually conditioning in different degrees and ways. In the fourth case of Spain, these interactive effects remained moot. This chapter examines how this relationship develops through time by searching for the key moments that do the most to shape it. Since such moments may be precipitated either by changes in social movement activity or by changes in rights provision, this enquiry focuses on the critical years or turning points of both trends and calculates their mutual impact. Thus, similar to the last chapter, the relationship is examined in both directions, but, in this instance, multiple interrupted time-series regression analysis (MITS) is employed to distinguish the effects of the critical changes in social movement activity on citizenship rights, and vice versa. Boolean ‘truth tables’ are constructed in order to establish the conditions for the impact of movements on rights, and vice versa, at particular moments in time, and to calculate the probabilities of this impact occurring at all.Less

Relating Citizenship Rights and Social Movements over Time

Joe Foweraker and Todd Landman

in Citizenship Rights and Social Movements: A Comparative and Statistical Analysis

This chapter turns to the relationship between rights and social movements, and deploys a variety of quantitative methods in order to examine this relationship both within and across cases. These ... More

This chapter turns to the relationship between rights and social movements, and deploys a variety of quantitative methods in order to examine this relationship both within and across cases. These methods carry the enquiry forward in three separate stages. First, the three rights measures (IPI, CRI, and the GAP) are correlated with the four measures of social movement activity (SMA and SR, SV, and SMA + SR) to reveal the ‘first order’ or descriptive associations that may exist between rights and social movements. Second, multiple regression is used to model the unidirectional and causal mechanisms that may configure the relationship both between rights and movements and between movements and rights. Third, a non-recursive model of simultaneous regression equations is used to test the assumption that citizenship rights and social movements are ‘mutually constitutive’, or, less boldly, that their presence and progress condition each other in a mutual way.Less

The Rights of Migrant Workers: Reframing the Debate

Martin Ruhs

in The Price of Rights: Regulating International Labor Migration

This book examines how and why high-income countries restrict the rights of migrant workers as part of their labor immigration policies, along with the implications for policy debates about ... More

This book examines how and why high-income countries restrict the rights of migrant workers as part of their labor immigration policies, along with the implications for policy debates about regulating labor migration and protecting migrants. It seeks to reframe the theoretical debates about the tensions between human rights and citizenship rights, the agency and interests of migrants and states, and the determinants and ethics of labor immigration policy. The book analyzes the characteristics and key features of labor immigration policies and restrictions of migrant rights in more than forty high-income countries as well as policy drivers in major migrant-receiving and migrant-sending countries. This introductory chapter explains the aims, approach, and main arguments of the book, as well as its terminology and scope, and provides an overview of the chapters that follow.Less

Darwinian Liberalism

Carol A. Horton

in Race and the Making of American Liberalism

This chapter examines the highly influential position of Darwinian liberalism, which argued in favor of a minimalist conception of black citizenship rights. This position, however, was coupled with ... More

This chapter examines the highly influential position of Darwinian liberalism, which argued in favor of a minimalist conception of black citizenship rights. This position, however, was coupled with an insistence that equal rights could not and should not be expected to produce “social equality” between the races. In the context of a free-market order, Darwinian liberals claimed, the innate superiority of the white race ensured that it would forever dominate the black. The fact that this insistence on racial hierarchy was linked to a commitment to a minimal standard of black rights made it a politically moderate position in the context of the 1870s. By the turn of the century, however, this commitment had largely eroded, as Darwinian liberals forged an even more exclusive conception of white supremacy in reaction to the labor and agrarian movements of the 1880s–90s. In the context of late 19th-century America, providing the most minimal rights to African Americans remained controversial, even when accompanied by assurances of eternal white domination and racial hierarchy.Less

Social Movements, Individual Rights, and Democratic Transitions

Joe Foweraker and Todd Landman

in Citizenship Rights and Social Movements: A Comparative and Statistical Analysis

This chapter first reviews the principal propositions regarding the relationship between individual rights and social movements, and examines the evidence in support by summarizing the results of the ... More

This chapter first reviews the principal propositions regarding the relationship between individual rights and social movements, and examines the evidence in support by summarizing the results of the empirical enquiry and statistical analysis. It reviews the relationship in the separate perspectives of social movement activity and rights provision, before adopting a dual perspective which responds to the mutual influence of rights and movements. The objective is to describe the main contours of the integrated comparative argument, and so bring the research to completion. But the argument clearly has broader implications, and, in particular, may contribute to our understanding of democratic transition and consolidation in the contemporary period. Consequently, the chapter proceeds to explore this contribution by contrasting the principal research findings with the mainstream interpretations of recent democratic transitions.Less

Solidarity and Citizenship Rights in the Charter of Fundamental Rights of the European Union

Síofra O'leary

in EU Law and the Welfare State: In Search of Solidarity

This chapter examines the Charter's solidarity and citizenship rights, and analyses their impact, actual or potential, on the EU's embryonic welfare law. It examines the possible effect of these ... More

This chapter examines the Charter's solidarity and citizenship rights, and analyses their impact, actual or potential, on the EU's embryonic welfare law. It examines the possible effect of these provisions on the diverse obligations that EC law in the social sphere imposes on Member States. The chapter addresses the following issues: the legal status of the Charter and its legally binding effect, if any, in the absence of agreement on the Draft Constitution; the justiciability of the solidarity and citizenship rights in the Charter; the interrelationship between the substantive rights in the Charter and the acquis communautaire; the potential, even of the most ‘programmatic’ rights that figure in the Charter, for unexpected, even far-reaching, developments resulting from interpretations of the Charter's solidarity and citizenship provisions by the ECJ; and the question of what constitutes EU welfare law.Less

Introduction: devolution and citizenship rights

Scott L. Greer and Margitta Mätzke

in Devolution and social citizenship in the UK

Tabloid headlines are ephemeral. Patches of prose in government documents with no policy attached have scarcely less shelf life. But they are signs: signs that politicians, tabloid journalists, and ... More

Tabloid headlines are ephemeral. Patches of prose in government documents with no policy attached have scarcely less shelf life. But they are signs: signs that politicians, tabloid journalists, and others sense something is happening. What is happening is the evolution of citizenship rights in the UK, brought on by devolution. This chapter introduces the book, arguing that territorial politics – the politics and institutions of devolution, in the case of the UK – influence the citizenship rights of people in the UK. Citizenship rights are rights to various social benefits, such as healthcare and housing, which are distributed equally in an otherwise unequal society. The chapter also discusses the basic concept of citizenship rights, drawing on the famous conceptualisation first put forward by T.H. Marshall.Less

Historical perspectives

Lister Ruth, Williams Fiona, Anttonen Anneli, Bussemaker Jet, Gerhard Ute, Heinen Jacqueline, Johansson Stina, Leira Arnlaug, Siim Birte, Tobio Constanza, and Gavanas Anna

in Gendering citizenship in Western Europe: New challenges for citizenship research in a cross-national context

This chapter takes a historical perspective so as to contextualise citizenship through elaboration of its legal and theoretical roots. After introducing the terminology of the legal tradition and the ... More

This chapter takes a historical perspective so as to contextualise citizenship through elaboration of its legal and theoretical roots. After introducing the terminology of the legal tradition and the models of the modern concept of citizenship, it then describes the delays and the impediments to women's citizenship in the different dimensions of political, civil, and social citizenship rights. Additionally, the role played by feminist interventions in opening up citizenship to women is explained. Different models of citizenship regimes are the background to the gendered understanding and experience of citizenship. Women's equal citizenship was not only delayed but impeded as long as possible. It is also noted that the interplay and interdependence of the three dimensions of citizenship – political, civil, and social – is crucial for the agency of the individual and for a democratic practice.Less

Filling out Citizenship: Citizenship Rights, Constitutional Rights and Human Rights

Jo Shaw

in The People in Question: Citizens and Constitutions in Uncertain Times

The focus in this chapter is on the relationship between citizenship rights, constitutional rights and human rights. This chapter closes off the second part of the book, with a reflection on how we ... More

The focus in this chapter is on the relationship between citizenship rights, constitutional rights and human rights. This chapter closes off the second part of the book, with a reflection on how we understand rights in a constitutional context. The main themes here concern the scope and enforceability of rights, coupled with reflections on how rights can strain the relationships between majoritarian and non-majoritarian institutions in democracies (e.g. between parliaments and courts).Less

“Did the Battlefield Kill Jim Crow?”: The Cold War Military, Civil Rights, and Black Freedom Struggles

Kimberley L. Phillips

in Fog of War: The Second World War and the Civil Rights Movement

This chapter takes the story of racial integration in the armed services through to the Korean War. It was only on the battlefields of Korea that African Americans finally won the right to fight. ... More

This chapter takes the story of racial integration in the armed services through to the Korean War. It was only on the battlefields of Korea that African Americans finally won the right to fight. NAACP leaders were delighted, and revising the rhetoric of the Second World War, they believed that rights of combat would lead to wider citizenship rights. But for many black Americans, such rhetoric was outdated—they were concerned by the obligation to fight in what they considered to be an imperialist venture. Phillips shows that African American attitudes to global racial politics, and their commitment to non-violent protest strategies at home, were profoundly impacted by this changing context of military service.Less

The Policy of Activation in the Czech Republic and Citizenship Rights

Tomáš Sirovátka

in Social Policy and Citizenship: The Changing Landscape

The recent reforms in the content and regulation of the employment and activation policies express in the most condensed form the paradigm shift towards the “active welfare state.” The chapter ... More

The recent reforms in the content and regulation of the employment and activation policies express in the most condensed form the paradigm shift towards the “active welfare state.” The chapter examines the impact of the activation policies implemented in the Czech Republic on (social) citizenship. Beside the link between citizenship and the content/substance of the activation policies, the chapter is concerned with the question how the wider policy context and governance framework have influenced the design and implementation of the policies. The chapter discusses the perceptions of the social rights, the corresponding policy discourse, and the legitimacy of the policies. The chapter then explains what and how the activation strategy is being shaped at the national and local levels in the following aspects: regulations concerning entitlement conditions and incentives to work, and active labor market policies and individual counseling for the unemployed on the basis of individual contracts. Finally, the impacts of the activation policies on citizenship are clarified. The chapter argues that the principles of curtailment and conditionality of social rights are the most consistently applied, especially towards the most disadvantaged in the labor market (dualism in policies), while the legitimacy of the concept of social rights is weak. Although some innovations in activation are emerging that improve access to the labor market measures and support of capabilities, however, these are rather marginal. Another problem is that civil/personal rights are not being safeguarded sufficiently in the process of policymaking due to the communist legacy; full citizenship is unlikely to emerge.Less

“Becoming Visible”: Italian Women and Their Male Co-Citizens in the Liberal State

Sabina Donati (ed.)

in A Political History of National Citizenship and Identity in Italy, 1861-1950

“Becoming Visible”: Italian Women and Their Male Co-Citizens in the Liberal State