By Jeremy B. Bierbach
This booklet offers a framework for evaluating european citizenship and US citizenship as criteria of equality. If we want to comprehend the felony improvement of the citizenship of the ecu Union and its courting to the nationalities of the member states, it truly is invaluable to check the heritage of usa citizenship and, particularly, to tricky a idea of ‘duplex’ citizenships present in federal orders. In any such citizenship, every one person’s citizenship is unavoidably ‘layered’ with the citizenship or nationality of a (member) nation. The query this publication solutions is: how does federal citizenship, as a declare to equality, have an effect on the connection among the (member) nation and its nationwide or citizen? as the booklet locations equality, now not allegiance to a sovereign on the heart of its research of citizenship, it manages to flee conventional analyses of the ecu that degree it by means of the normal of a sovereign kingdom. The textual content offers a coherent account of the advance of ecu citizenship and european civil rights in the event you desire to comprehend their carrying on with improvement within the case legislation of the court docket of Justice of the ecu Union.
Scholars and felony practitioners of ecu legislation will locate novel insights during this publication into how european citizenship works, so as to be ready to take hold of the path during which it's going to proceed to strengthen. And it can be of significant curiosity to American students of legislation and political technological know-how who desire to comprehend one element of ways the european works as a constitutional order, now not in simple terms as an order of overseas legislations, by means of comparability to their very own history.
Jeremy Bierbach is an legal professional at Franssen Advocaten in Amsterdam. He holds a Ph.D. in ecu constitutional legislations from the college of Amsterdam, the Netherlands.
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Extra resources for Frontiers of Equality in the Development of EU and US Citizenship
55. 58 Maitland 1961, p. 302. 2 Subjecthood in England and the British Empire 30 and king. We can recognize a pattern in this distinction between the powers of the king alone and that King acting jointly with Parliament: we already saw59 that only an Act of Parliament could be certain of naturalizing an alien “to all purposes”, possibly because only an Act of Parliament could correct a prior defect in the law. The law, as for instance Coke saw it, had binding power by virtue of being something almost as perpetual and immutable as a law of nature, not by being a man-made norm.
Nonetheless, there was also a legal theory underpinning royal prerogative that granted the king some latitude. Coke himself ruled in 1610, upon an inquiry by the council of James I, that the power of royal prerogative was twofold. On the one hand, the king could not create a new offense, but could by proclamation admonish his subjects to obey the law on an existing offense on pain of punishment, where disobeying the proclamation would aggravate the offense. We can recognize this even today as a key aspect of executive power, the power of enforcement.
39 The interests that Parliament represents in allowing for such a defect to be “corrected” might also well be reflected in the following passage in Calvin’s Case, to which I have added italics: “The King only without the subject may make not only letters of safe conduct, but letters patent of denization, to whom, and how many he will, and enable them at his pleasure to sue any of his subjects in any action whatsoever real or personal, …”, Coke begins. ” If Coke is using the “subject” here as a pars pro toto for all subjects, and thus Parliament as its representative, he could be referring to the necessity of consulting Parliament to make sure no subject’s interests would be violated by the retroactive naturalization of the alien in question.