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Call for Publications

Theme: Constitutional Identity in the Age of Global Immigration
Publication: German Law Journal
Date: Special Issue
Deadline: 15.2.2017

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Summary

Immigration, more than anything else, has revived the question of
collective identity. Immigrants encourage nation-states to define
themselves, as George Orwell noted: “It is only when you meet someone
of a different culture from yourself that you begin to realize what
your own beliefs really are.” Immigration policy echoes
constitutional identity by mirroring not only the qualities that “we”
value in others, but also by reflecting the essentials that define
“us” as a nation. In a sense, drafting immigration requirements is a
form of nation-building. Immigration and citizenship requirements—the
requirements that “they” must fulfill in order to join “us”— define
“our” way of living, form of thinking, and mode of good behavior. By
investigating the requirements for becoming a citizen, we can learn a
great deal about who “we” are as a nation.

Global migration yields political shifts of historical significance,
profoundly shaking up world politics as recently manifested by the
refugee crisis, the Brexit referendum, and throughout the US
election. The migration crisis has enhanced the already-existing
discussion on justifiable and unjustifiable attempts by states to
protect their constitutional essentials by using selective
immigration policy. How can liberal states welcome a large-scale of
immigrants (and refugees) without fundamentally changing their
constitutional heritage, forsaking their liberal traditions, or
slipping into nationalism? This question is one of the greatest
challenges facing liberalism today.

In recent years, liberal democracies have implemented a variety of
immigration means, directing immigrants to embrace the customs and
values of the host country. Global migration has produced moral panic
and led to the adoption of proactive policies. Integration is
mandatory, sanctioned, and test-based. It applies to all types of
immigrants, including family members, and is more invasive than the
classic requirements of familiarity with a country's history and
civics. In some states, the frontiers are moving beyond the
territorial borders with the creation of a new concept—integration
from abroad. Recent immigration laws in Western countries reveal that
the invitation of liberal states to “be one of us” is often an
invitation to be one of us “by being us.”

German Law Journal invites submissions to a Special Issue on the
topic of “Constitutional Identity in the Age of Global Immigration.”
The issue will discuss national, regional, and global challenges
presented by international migration, as well as legal and ethical
dilemmas that have arisen as a result of massive population
movements. Specifically, the Special Issue will focus on:

1)
Constitutional Identity: examining the theory and concept of
constitutional identity—its normative sources, methods of
identification, mechanisms of legal protection, etc.—and how states
define collective identity in their constitutions;

2)
Immigration Policy and Constitutional Design: exploring immigration
and citizenship policies that are taken in order to foster certain
forms of collective identities, and whether is it justified to impose
restrictions on immigration and access to citizenship in order to
protect different notions of constitutional identity,

3)
Immigration and Europeanness: analyzing interrelations between EU
jurisdiction and the sovereignty of Member States to define their
constitutional structure. How should the EU govern the
refugee/migrant crisis, bearing in mind both the protection of
refugees/migrants and the constitutional identity of Member States?

4)
Global Migration Crisis: investigating how should international law
govern immigration in light of the challenge to states’ identity and
self-determination? Should there be some responsibility-sharing
mechanisms in international law?

Submission Procedure

We are interested in articles analyzing these and related issues
under different approaches (international, comparative, theoretical),
disciplines (law, philosophy, social psychology), and levels
(national, regional, international). Interested scholars should send a
CV and an abstract (up to 750 words) by February 15, 2017 to:
glj-sub...@wlu.edu

The abstract will form the basis of an original article (8,000 to
10,000 words) to be submitted on June 15, 2017 (invitations to submit
an article will be sent no later than March 1, 2017). Articles
should be submitted according to the German Law Journal’s technical
and stylistic requirements, its style guide and citation format
(available here: http://www.germanlawjournal.com/submissions/). Final
articles are subject to a peer-review procedure.

We plan to hold a workshop with selected authors at the Center for
Global Constitutionalism, the WZB Berlin Social Science Center in
summer 2017. Authors who are interested to participate in the workshop
will be responsible for their own travel and lodging
expenses. In exceptional cases of financial need, awards of up to
1,000 Euro will be made by the organizers to authors who clearly
specify that need in their application.

Please direct inquiries in connection with the Special Issue to the
editors, Professor Jurgen Bast and Professor Liav Orgad.

Guest Editors

Professor Jürgen Bast
Justus-Liebig-Universität Gießen
Faculty of Law
jurgen.b...@recht.uni-giessen.de

Dr. Liav Orgad
WZB Berlin Social Science Center
“Global Citizenship” Research Group
lor...@zedat.fu-berlin.de

About the German Law Journal

The German Law Journal covers developments in German law, European
law, international law, and comparative law. It is an engaging forum
for comparative and interdisciplinary research and commentary and has
secured a place among the world's leading academic forums concerned
with transnational law. Measured by its impact factor, the German Law
Journal is the leading “online, peer-reviewed” law journal of any
subject matter; the second-ranked journal of any format covering
European law; and the leading German law journal. Google Scholar
Metrics rank the German Law Journal third in the category “European
Law.” The Journal has a no-fee subscriber list of more than 5,000
readers. Its articles attract thousands of downloads in the first
year of publication. It is regularly cited in decisions of the German
Federal Constitutional Court.

The call is available online:
http://media.wix.com/ugd/2c5c0c_a330aa62fc02484588a710f8d00998bb.pdf




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