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ID 50416
file
title alternative
One way of thinking in relation to individual amnesty
creator
Urakawa, Genjiro
abstract
The theme of this article is the quest to find the theoretical base relating to amnesty in Japanese immigration law. Referring to the American philosophy of law and constitutional law (relying particularly on the theory of Linda Bosniak), and applying the premise that once states have the right to exclude aliens, this article comes to the conclusion that there are prima facie reasons (which are not possible to be compatible with each other, even though both of them have valid reasons to be just) and that they adjust in proportionality.
This article also introduces various theories to substantiate the immigrants’ right to stay on the basis of an analogy to the property theory. However, the critical research on them is provisional, and thus, open for next research.
journal title
The Hiroshima Law Journal
volume
Volume 44
issue
Issue 2
start page
1
end page
27
date of issued
2020-10-30
publisher
広島大学法学会
issn
0386-5010
ncid
language
jpn
nii type
Departmental Bulletin Paper
HU type
Departmental Bulletin Papers
DCMI type
text
format
application/pdf
text version
publisher
rights
許可なく複製・転載することを禁じる
department
Graduate School of Humanities and Social Sciences
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