The Hiroshima Law Journal Volume 44 Issue 2
2020-10-30 発行

在留特別許可の講学上の基礎に関する1つの考え方

One way of thinking in relation to individual amnesty
Urakawa, Genjiro
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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.
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