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There are all sorts of things about immigration laws & policies that violate our sense of correctness or justice. All sorts of basic principles don't apply. Th
by netcan 13y ago
There are all sorts of things about immigration laws & policies that violate our sense of correctness or justice. All sorts of basic principles don't apply.
There is no strict rule of law. The border guards' discretionary (arbitrary) power is an example of that. That applies on several levels. Policies & laws are not governed by higher laws/constitutions so the laws & policies themselves are discretionary & arbitrary. Basic principles like habeas corpus (right to be judged by a judge) and presumption of innocence don't apply. This is why 'privilege, not a right' is the approach.
I think most of the rest is what we get when the basics aren't there. Equality before the law doesn't really apply when there is no rule of law so blatant discrimination is the norm with policies for different nationalities & cultural/ethnic/racial groups. Freedoms are profoundly violated by visa restrictions everywhere, almost by definition. If your visa is tied to your job or your profession, you are a lot less free. That kind of limit on freedom would be considered draconian if applied in other cases.
When a country restricts immigrants' permission to work in certain professions or live in certain areas, we don't think twice about it. Up until the modern era Jews in Europe were restricted in such a way. Those were controversially oppressive laws even in the context of 17th center Czarist Russia/Eastern Europe.
Anyway, to make lemonade from these experiences I think this should remind us how important basic principles of justice are. We need to protect them and make sure they don't lose ground. It's a horrible, naked feeling when you realize that they don't apply and the guy in the stupid hat has arbitrary power over you.
- userulluipeste 13y ago"There is no strict rule of law." That says it all. And also that, is the main factor for corruption (anytime anywhere).