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Ayelet Shachar -Citizenship, Schemi e mappe concettuali di Diritto Pubblico

Il documento esplora il significato di cittadinanza e la sua evoluzione storica, evidenziando come essa offra non solo uno status giuridico ma anche diritti, opportunità e privilegi. Inoltre, vengono analizzate le tendenze emergenti, come la crescente riconoscimento della doppia cittadinanza e la difficoltà di ottenere la cittadinanza attraverso la naturalizzazione. Infine, si discute della possibilità di estendere i diritti di partecipazione politica ai cittadini emigrati.

Tipologia: Schemi e mappe concettuali

2021/2022

In vendita dal 01/06/2022

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Ayelet Shachar -Citizenship
Citizenship Matters
As Rogers Smith observes, “the oldest, most basic, and most prevalent
meaning[of citizenship] is a certain sort of membership in a political
community”.
Although the scale and scope of the political community has ranged from city-
state to empire, citizenship has always been associated(at least since Aristotle)
with political relations.
From the Athenians we draw the tradition of associating citizenship with
collective self-governance.
From the Roman tradition we carry forward the idea of citizens as possessing a
formal legal status with certain associated privileges and responsibilities.
All free and democratic states at all times have established a unique status of
this kind and all such states have always accorded some special rights and
privileges to their citizens.
Most courts and commentators agree that “Citizenship has entailed membership,
membership of the community in which one lives one's life”.
Already under Roman jurisprudence, ‘“citizen” came to mean someone free to
act by law, free to ask and ex pect the law's protection’.
From the French Revolution onward, the modern state began to administer and
assign citizenship, which has since come to signify equality of rights and duties
among members of the same political community.
By labeling certain individuals as members, citizenship offers, however, more
than just a juridical, legal status and the promise of equality before the law.
It also opens up a host of rights, opportunities, and privileges for those who
count as full members.
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Ayelet Shachar -Citizenship

Citizenship Matters As Rogers Smith observes, “the oldest, most basic, and most prevalent meaning[of citizenship] is a certain sort of membership in a political community”. Although the scale and scope of the political community has ranged from city- state to empire, citizenship has always been associated(at least since Aristotle) with political relations. From the Athenians we draw the tradition of associating citizenship with collective self-governance. From the Roman tradition we carry forward the idea of citizens as possessing a formal legal status with certain associated privileges and responsibilities. All free and democratic states at all times have established a unique status of this kind and all such states have always accorded some special rights and privileges to their citizens. Most courts and commentators agree that “Citizenship has entailed membership, membership of the community in which one lives one's life”. Already under Roman jurisprudence, ‘“citizen” came to mean someone free to act by law, free to ask and expect the law's protection’. From the French Revolution onward, the modern state began to administer and assign citizenship, which has since come to signify equality of rights and duties among members of the same political community. By labeling certain individuals as members, citizenship offers, however, more than just a juridical, legal status and the promise of equality before the law. It also opens up a host of rights, opportunities, and privileges for those who count as full members.

The most familiar elements in the citizenship bundle include: equal legal status, rights and obligations, political voice and participation, the freedom to enter and exit one's home country, and the less tangible notions of identity, belonging, and a sense of home. The vast majority of the world's population acquires citizenship not on the basis of individual volition, choice, and consent(as the theory predicts) but according to fortuitous circumstances that none of us control: where and to whom we are born.

In a society committed to equality between the sexes, the gender of the parent bears no relationship on the individual's ability to transmit citizenship. Jus Sanguinis: The Parentage Principle The jus sanguinis principle confers political membership on the basis of parentage and descent. The children of present members of the polity, irrespective of place of birth, are automatically defined as citizens of their parents’ political community. The main concern with this conception of identity and belonging is that it bears exclusionary tendencies, turning members of the political community, who, despite holding the status of formal, legal citizenship, are not part of the dominant “we” majority, into potential outsiders. Under any version of the jus sanguinis principle, the crucial question to determine is who gains the right to transmit membership to the as-yet-unborn generations. Most countries have resolved this constitutive dilemma by adopting what has been termed the ‘zero option’, whereby all persons residing in the territory of the newly established country on a particular day(usually declared soon after independence) are automatically granted citizenship. Reliance on ‘bloodline’ as the sole connecting factor for allotting automatic citizenship may, under such conditions, prohibit children of immigrants from becoming full members of the country in which they were born and raised due to a criterion that is firmly beyond their control.

Emergent Trends: Borrowing, Dual Nationality, and the Loss of Cit izenship Another significant trend is the growing recognition of dual nationality. Today, approximately half the world's countries permit their citizens to hold dual nationality, either by birth or naturalization. Naturalization: The Return of Culture The only legal method for acquiring citizenship other than through birthright is by naturalization. When we speak of naturalization, we refer to the final step in the process of acquiring citizenship after birth. To gain a shot at acquiring post-birth membership in a desired destination country, one must first reach its territory and establish lawful permanent residence. Typically, the most basic requirement for naturalization is that the applicant must have resided continuously in the admitting country for several consecutive years as defined in statutory or regulatory legal residency requirements. The applicant must demonstrate basic knowledge of their new home country's language, political system, and forms of government. Another key requirement present across the spectrum of admitting countries is that the would-be citizen must not have a criminal record. Just as admission is becoming harder and harder to secure for those trying to gain entry visas based on family ties or arriving from destinations that are perceived as culturally “too different” from the majority society, the golden gates of immigration are being opened ever more widely to those regarded as the world's “brightest minds” based on an assessment of their skills, innovation, and adaptability.