Autonomous Agency, Self-Determination, and the Argument for a Right to Exclude

Abstract

In this thesis it is argued whether or not the right to exclude can be part of the right to self-determination, conceived of as a right to self-governance. There are three questions central to the inquiry into self-determination: ‘what is it?’, ‘who has it?’ and ‘why is it important?’. The first part of the thesis argues that a right self-determination is granted to legal states for their ability to ensure and provide their citizens with autonomous agency. They do so by, amongst other things, providing citizens with (national) cultural identities and a shared identity of constitutional patriotism. The second part of the thesis continues the argument by stating that if the autonomous agency of citizens is threatened by immigration, the legal state can appeal to the right to exclude. Because this is a pro tanto right it can be outweighed by other reasons. Therefore, a cosmopolitan right to exclude is developed to strengthen the original argument for exclusion. Nevertheless, it is concluded that a broad right to exclude might have be to located elsewhere than in the right to self-determination.