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THE RIGHTS OF FOREIGNERS: DIGNITY, CITIZENSHIP AND THE RIGHT TO HAVE RIGHTS

dc.contributor.authorBotha, Henk
dc.date.accessioned2018-06-07T12:50:30Z
dc.date.available2018-06-07T12:50:30Z
dc.date.issued2013-01
dc.identifier.urihttp://hdl.handle.net/10019.1/104068
dc.description.abstractThis article examines the rights of foreign nationals in view of Hannah Arendt's thesis that human rights amount to little when severed from the rights of members of a concrete political community. It considers three different theoretical attempts to come to terms with Arendt's challenge and to make sense of her reference to a 'right to have rights'. Drawing upon these theoretical perspectives, the article analyses the judicial reliance on the constitutional value of human dignity to mediate the tension between the rights of foreigners and the sovereign power of a political community to engage in exclusionary practices. In particular, it explores critically the possibilities and limits of the courts' dignity-based jurisprudence with reference to the central but unstable distinction between the dignity of man and the dignity of the citizen.en_ZA
dc.language.isoen_ZAen_ZA
dc.subjectrights of foreigners, refugees, stateless personsen_ZA
dc.titleTHE RIGHTS OF FOREIGNERS: DIGNITY, CITIZENSHIP AND THE RIGHT TO HAVE RIGHTSen_ZA
dc.typeArticleen_ZA


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