Verfassungsblog ()

The Law of Majorities

  • Liav Orgad

Journal volume & issue
no. 2366-7044

Abstract

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Are Poland and Hungary justified, under international law or EU law, in restricting migration to defend their “Christian heritage”? How about the so-called “European way of life” or their “constitutional identity”? More generally, can a liberal democracy restrict immigration and/or access to citizenship in order to protect the „majority culture” and still remain liberal? Cultural defense policies are mushrooming in Europe, as refugees and migrants from Africa, Central Asia and the Middle East ­ many of them Muslims ­ keep coming to our shores in unprecedented numbers. Can the “cultural defense” of majorities be reconciled with liberal values and, if so, how?

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