The role of the state in migration control

Abstract

The basic premise that states have an absolute discretion to control migration across their territorial borders has become ossified to such an extent as to render its questioning controversial. Yet the more one delves into the theory of the state and the relatively recent history of state migration control measures, the more the foundations of this premise seem to give way. This has been the primary exercise of this thesis. It takes a legal positivist approach to three core research questions: first, can early state measures of migration control support the legitimacy of current such measures of a more general and systematic nature on a traditional basis? Secondly, can current state migration control measures of a general and systematic nature be legitimised on a rational-legal basis? Thirdly, are there any steps states could take with a view to improving the legitimacy of migration control measures?