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Jus soli (Latin for "right of the territory"), or birthright citizenship, is a right by which nationality or citizenship can be recognised to any individual born in the territory of the related state. At the turn of the 19th century, nation-states commonly divided themselves between those granting nationality on the grounds of jus soli (France, for example) and those granting it on the grounds of jus sanguinis ("right of blood") (Germany, for example). However, most European countries chose the German conception of an "objective nationality", based on "blood", "race" or language (as in Fichte's classical definition of a nation), opposing themselves to republican Ernest Renan's "subjective nationality", based on an every-day plebiscite of one's appartenance to his Fatherland. This non-essentialist conception of nationality allowed the implementation of jus soli, against the essentialist jus sanguinis. However, today's massive increase of refugees (which immediately followed World War I, as did Agamben underlined in Homo Sacer - 2005) has somehow blurred the lines between these two antagonistic sources of right. Latin is an ancient Indo-European language originally spoken in the region around Rome called Latium. ...
A right is the power or privilege to which one is justly entitled or a thing to which one has a just claim. ...
In English usage, nationality is the legal relationship between a person and a country. ...
Citizenship is membership in a political community (originally a city but now usually a state) and carries with it rights to political participation; a person having such membership is a citizen. ...
Max Barry set up Jennifer Government: NationStates, a game on the World Wide Web inspired by, and promoting, his novel Jennifer Government. ...
Jus sanguinis (Latin for right of blood) is a right by which nationality or citizenship can be recognised to any individual born to a parent who is a national or citizen of that state. ...
For other senses of this word, see race (disambiguation). ...
Johann Gottlieb Fichte Johann Gottlieb Fichte (May 19, 1762 - January 27, 1814) has significance in the history of Western philosophy as one of the progenitors of German idealism and as a follower of Kant. ...
Republicanism is the idea of a nation being governed as a republic. ...
Ernest Renan (February 28, 1823–October 12, 1892) was a French philosopher and writer. ...
A referendum (plural: referendums or referenda) or plebiscite (from Latin plebiscita, a decree of the Concilium Plebis) is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. ...
The neutrality of this article is disputed. ...
This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same title. ...
Combatants Allied Powers: British Empire France Italy Russia United States Central Powers: Austria-Hungary Bulgaria Germany Ottoman Empire Casualties Military dead: 5 million Civilian dead: 3 million Total dead: 8 million Military dead: 4 million Civilian dead: 3 million Total dead: 7 million The First World War, also known as...
Giorgio Agamben is an Italian philosopher who teaches at the University of Verona. ...
Homo sacer (Latin for the sacred man) is an obscure figure of Roman law: a person who is banned, may be killed by anybody, but may not be sacrificed in a religious ritual. ...
Lex soli
Usually a practical regulation of the acquisition of nationality or citizenship of a state by birth on the territory of the state is provided by a derivative law called lex soli. Most states provide a specific lex soli, in application of the respective jus soli, and it is the most common means of acquiring nationality. A frequent exception to lex soli is imposed when a child was born to a parent in the diplomatic or consular service of another state, on a mission to the state in question. See also Portal:Law The stela of King Hammurabi depicts the god Shamash revealing a code of laws to the king. ...
Blurred lines between jus soli and jus sanguinis Some countries are restricting lex soli by requiring that at least one of the child's parents be a national of the state in question at the child's birth, or a legal permanent resident of the territory of the state in question at the child's birth, or that the child be a foundling found on the territory of the state in question. The primary reason for imposing this requirement is to limit or prevent people from travelling to a country with the specific intent of gaining citizenship for a child. The 27th amendment to the constitution of the Republic of Ireland was passed by referendum in 2004 for this purpose. Child abandonment or the practice of abandoning ones offspring outside of legal adoption is a long standing social ill. ...
The Twenty-seventh Amendment of the Constitution of Ireland, the founding legal document of the Republic of Ireland, provided that children born on the island of Ireland to parents who were both non-nationals would no longer have a constitutional right to Irish citizenship. ...
A referendum (plural: referendums or referenda) or plebiscite (from Latin plebiscita, a decree of the Concilium Plebis) is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. ...
2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ...
Deportations Sometimes, a country which extends jus soli will ignore it in the case of the child of a parent who is later deported. For example, there are several cases of deportation, from Canada or European countries such as France, which have been bitterly contested because they involve a mother who has given birth in Canada and whose child is therefore a Canadian citizen. The government must then either separate the mother and her child upon deporting her, or else deport a Canadian citizen to a foreign country.
Specific national legislation Jus soli is common in countries in the Americas, that wanted to develop and increase their own citizenry. Some countries that observe jus soli: The Fourteenth Amendment to the United States Constitution is one of the post-Civil War amendments and includes the Due Process and Equal Protection Clauses. ...
Modification of Jus soli In a number of countries, the automatic application of jus soli has been modified to impose some additional requirements for children of foreign parents, such as the parent being a permanent resident or having lived in the country for a period of time. Jus soli has been modified in the following countries: German nationality law was changed on 1 January 2000 to introduce a modified concept of Jus soli. Prior to that date, German nationality law was based entirely on Jus sanguinis German citizenship is based primarily on the principle of Jus sanguinis. ...
German citizenship is based primarily on the principle of Jus sanguinis. ...
Jus sanguinis (Latin for right of blood) is a right by which nationality or citizenship can be recognised to any individual born to a parent who is a national or citizen of that state. ...
Abolition of Jus soli Some countries which formerly operated Jus soli have moved to abolish it completely, only conferring citizenship on children born in the country if one of the parents is a citizen of that country. These include:
United States Recently, due to the influx of illegal immigrants, there have been moves (though unsuccessful, thus far) to abolish it in the United States. Amendment of United States citizenship law to remove jus soli may require a Constitutional amendment. Illegal immigration is the act of moving to or settling in another country or region, temporarily or permanently, in violation of the law or without documents permitting an immigrant to settle in that country. ...
// Possession of citizenship U.S. citizens have the right to participate in the political system of the United States (with most U.S. states having restrictions for felons, and federal restrictions on naturalized persons), are represented and protected abroad by the United States (through U.S. embassies and consulates), and...
See also A minor, quite improper use of the term jus soli refers to the jurisdiction: in this case it would indicate that the law to use is the law of the nation-state in whose territory the evaluated fact happened. But, as said, it is not considered a correct use of the term, or at least is it considered misleading. Nationality law is that branch of a countrys legal system wherein legislation, custom and court precendent combine to define the ways in which that countrys nationality and citizenship are transmitted, acquired or lost. ...
In law, jurisdiction from the Latin jus, juris meaning law and dicere meaning to speak, is the practical authority granted to a formally constituted body or to a person to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. ...
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