On the Right of Exclusion: Law Ethics and Immigration Policy

On the Right of Exclusion: Law Ethics and Immigration Policy addresses Western immigration policies regarding so-called `normal migrants i.e. migrants without a legal right to admission. The book argues that if authorities cannot substantially justify the exclusion of a normal migrant the latter should be admitted. By contrast today authorities still believe they may deny normal migrants admission to the territory without giving them proper justification. Bas Schotel challenges this state of affairs and calls for a reversal of the default position in admission laws. The justification should he argues involve a serious accounting for the interests and reasons applicable to the normal migrant seeking admission. Furthermore the first burden of justification should lie with the authorities. To build this case the book makes three types of argument: legal ethical and institutional. The legal argument shows that there are no grounds in either sovereignty or the structure of law for current admission practices. Whilst this legal argument accounts for a duty to justify exclusion the ethical argument shows why the authorities should carry the first burden of justification. Finally the institutional argument explores how this new position might be implemented. An original yet practical undermining of the logic that underlies current immigration laws On the Right of Exclusion: Law Ethics and Immigration Policy will be essential reading for those with intellectual political and policy interests in this area.