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Patterns of Privilege: Citizenship Rights in Britain

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Part of the book series:Migration, Minorities and Citizenship ((MDC))

Abstract

In the English non-Republican tradition citizenship concerns the various privileges, duties and obligations that define one’s place as a fully participant member of society. These privileges include voting rights, the ability to stand for election, eligibility for appointment to public office and entitlements to social welfare benefits and public housing. Obligations include the duty of allegiance to the Crown, perhaps better defined as loyalty to the state, though some would still dispute this,1 obeying the laws, paying taxes and performing military service, especially in times of national emergency. In the Common Law tradition the notion of citizens’ rights is absent. Dummett and Nicol argue that theCalvin case in 1606 reduced allegiance to passive obedience and asserted that this obedience was due both from subjects and resident aliens. Thus no rights arose from subject status but permanent obligations did.2 The view that voting rights are a civic privilege which could be removed by Parliament can be seen in the Labour Government’s Green Paper of 1977 where they are openly listed under civic privileges.3 Even such an influential constitutional document as the Declaration of Rights, 1688, which limited the powers of the Monarch and established the supremacy of Parliament, was a Parliamentary Statute and was not entrenched, for example, in a written constitution. It could therefore be amended by Parliament.

The research for this chapter was funded by a grant from the Economic and Social Research Council, no. L214252021. The author acknowledges the support of the ESRC.

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Notes

  1. A. Dummett and A. Nicol,Subjects, Citizens, Aliens and Others: Nationality and Immigration Law (London: Weidenfeld & Nicolson, 1990).

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  2. L. Fransman,British Nationality Law (London: Butterworths, 1998) pp. 3–5.

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  3. The Right Road for Britain, Conservative Central Office, 1949.

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  4. Z. Layton-Henry,The Politics of Immigration (Oxford: Blackwell, 1992).

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  5. Labour Party,Citizenship, Immigration and Integration: A Policy for the 1970s, 1972. Enoch Powell also called for reform of the citizenship laws in his Eastbourne speech, 1972.

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  6. Home Office,British Nationality Law: Discussion of Possible Changes, Cmnd 6795, HMSO, 1977.

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  7. Home Office,Asylum and Immigration Act, 1996, Prevention of illegal working: Guidance for Employers, Immigration and Nationality Directorate, December 1996.

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  8. Home Office,Fairer, Faster and Firmer: A Modern Approach to Immigration and Asylum, Cmnd 4018, HMSO, 27 July 1988.

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  9. G. de Rham, ‘The Acquisition of Citizenship’ in Z. Layton-Henry (ed.),The Political Rights of Migrant Workers in Western Europe (London: Sage, 1990).

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  10. There is huge and constant debate in the UK about discrimination against women, ethnic minorities, gays and lesbians, and the disabled. The literature on this is vast; see for example T. Modoodet al.,Ethnic Minorities in Britain: Diversity and Disadvantage (London: Policy Studies Institute, 1997).

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  11. J. Eade,The Politics of Community (Aldershot: Avebury, 1989).

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Authors
  1. Zig Layton-Henry

Editor information

Editors and Affiliations

  1. Faculty of Economics, Kyushu Sangyo University, Japan

    Atsushi Kondo (Associate Professor) (Associate Professor)

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© 2001 Palgrave Macmillan, a division of Macmillan Publishers Limited

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Layton-Henry, Z. (2001). Patterns of Privilege: Citizenship Rights in Britain. In: Kondo, A. (eds) Citizenship in a Global World. Migration, Minorities and Citizenship. Palgrave Macmillan, London. https://doi.org/10.1057/9780333993880_7

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