Bevándorlás és a kizárás joga
Immigration and the right to exclude

Summary/Abstract: A central topic in contemporary discussions on immigration is the right to exclude: does the state have a right to unilaterally exclude potential immigrants from its territory? There are three main families of arguments for the right to exclude in the literature: the argument from self-determination, functionalist arguments, and the so-called jurisdictional argument. In this paper I argue that none of these arguments can justify the right to exclude. This provides an a posteriori argument against the right to exclude; it shows not that it is impossible to provide a justifi cation for this right, but rather that the strongest contemporary justifi cations fail. This conclusion does not show with absolute certainty that the right to exclude is unjustifi able, but provides good reasons to reject this right. Doing so has important consequences for the political theory of immigration.

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