PUNISHMENT AND THE REVOCATION OF CITIZENSHIP IN THE UNITED KINGDOM, UNITED STATES, AND ISRAEL

被引:32
|
作者
Lavi, Shai [1 ]
机构
[1] Tel Aviv Univ, Law Fac, Minerva Ctr Human Rights, Tel Aviv, Israel
来源
NEW CRIMINAL LAW REVIEW | 2010年 / 13卷 / 02期
关键词
D O I
10.1525/nclr.2010.13.2.404
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The article examines the ways in which three common law countries-the United Kingdom, the United States, and Israel-have introduced new rules for the revocation of citizenship that diverge from the traditional common law model. The main thrust of the article is to demonstrate how these new regulations are based on three distinct models of citizenship: citizenship as security, citizenship as a social contract, and citizenship as an ethnonational bond. Instead of critically evaluating each model, the article offers a fourth model for revocation based on the civic notion of citizenship. This model offers a new formulation of the traditional common law duty of allegiance, of its breach, and of the revocation of citizenship as punishment. The article will conclude with the suggestion that this model may be able simultaneously to guarantee the protection of political rights and to safeguard the political community.
引用
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页码:404 / 426
页数:23
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