Developments in UK Immigration Law (Themes (National Identity …
Developments in UK Immigration Law
Comparisons of UK legislation on immigration
Links Between Sources
Theories of the nation-state
Critique of Western scholarship of the Orient in the recent decades.
Literature on the nation-state: Gellner, Anderson, Hobsbawm.
Gellner suggested modernisation and nationalism only occurred when influenced of religion has decreased (Gellner, 1983, 36, 142).
Anderson and Hobsbawm imply that only through colonial institutions, colonial people able to access and emulate models of nationalism (Anderson, 1991, 115-116; Hobsbawm,1990, 164).
Theories have been hegemonic and have committed fallacies: European processes of modernisation and nationalism, led to a depiction of the West as superior, as East measured against Western structures (Chakrabarty, 1998; Veer, 1998).
What shapes immigration policy?
System of liberal democracy leads to expansive immigration policy (Freeman, 1995).
Traditional nation-state is both enforcing immigration and being challenged at the same time (Joppke, 1999).
Models of nationhood and understandings of national identity are changing due to immigration (Soysal, 1994).
1990s Authors moved away from Marxist approach, pacing emphasis on principles related to the nation-state (sovereignty, citizenship etc.).
1970s and 1980s theories of immigration control policy had Marxist and neo-Marxist frameworks (Castells, 1975).
What extent is immigration law determined by national and/or racial predicates (Parker et al., 2009, 584).
Instead conceive it as a series of practises, discourses, symbols, institutions or networks through which power works (Johnson et al., 2011, 66).
Border not treated as fixed territorial unit (Parker et al., 2009, 586).
Sovereignty must continually be articulated and re-articulated in terms of a "stylized repetition of acts". The State through its policies, actions and customs performs itself as sovereign (Johnson et al., 2011, 66).
The power that Britain has lies at the heart of Britain's identity.
Identities are social and cultural constructions.
Narrative about the special character of the British nation as an Island Nation (Spiering, 2014, 34).
The idea that Britain is special and superior.
The idea that Britain is distinctive from other countries.
Concept of 'Othering' vital for the formation of identity - way in which people attach themselves to identity by distinguishing themselves from others (McCrone, 2002, 759).
Literature on UK immigration law
Focus on biases of UK immigration law (Mulvey, 2010; (Fazel and Stein, 2004).
Orietnalism (Said, 1978).
Said defines Orientalism as a way of seeing that imagines the East as the antithesis of the West. It is evident that Western perceptions often involve a logic of European superiority over Oriental ‘’backwardness’’ (Said, 1978, 7).
Benedict Anderson’s widely used definition of a nation as ‘an imagined political community, and one that is imagines as inherently limited and sovereign’ (Wellings, 2012, 35).
Anderson depicts the nation as a socially constructed community, which is imagined by the people who perceive themselves as part of that group (Anderson, 2016).
Notions of 'nations' and 'nationalism'
UK Immigration Legislation (The National Archives, 1971)