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Constitutional Justification of Multiple Nationality as a Matter of Constitutional Development

  • DONG-A LAW REVIEW
  • 2012, (55), pp.1-45
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Park ZinWan 1

1경북대학교

Accredited

ABSTRACT

How we can justify changing process of traditional understanding of nationality in constitutional theory from single nationality policy to recognition of multiple nationality through the conception of constitutional developemt being related to constitutional rescission (Verfassungswandel)?The conception of nationality being connected with interntional law and law related to organisation of the state functions functions neither as characteristic marks nor as principle of intergration. but it operates as definition of total persons under the sovereignty of states or suprem power of states. The people of the nation can be defined as the whole national being put into a state by virtue of his/her right. Greek and Roman idea of citizenship help us to understand how we got to where we are today, but are not direct predecessors of the nationality used at present in international law. An additional reason for justifying multiple nationality is found in the good of the individual. The advantage to individuals by reasons of dual and mutiple nationality is found in wide areas of life. A conflict of interest may arise not only in case of persons possessing multiple nationality holding position of influence and power, but also in relation to people who do not hold such positions. There is a discrepancy between tendency of States to ease their nationality laws and enable dual and multiple nationalities, in the reality in which states justly find it difficult to grant rights to citizens who do not live within their terrotory and impose upon them duties. Globalization make it possible for persons to openly try to obtain multiple identity. In relation to the effect of globalization on nationality, that globalization show the individual the way to contact with many other framework in additon to that of his state. Such a person may share and have strong wish to belong to these framework. In that point we can find the reason why multiple nationality in constitutional law can be justified.

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