El derecho de extranjería en los ordenamientos constitucionales

Abstract

Are foreigners included in the application field of the network of fundamental duties and rights as defined in modern constitutions? Unfortunately not. All through history there have been advances and regressions as regards the recognition of migration rights. Nowadays provision is made to facilitate free travel within spaces of economic integration, whereas in general (with individual dispensations) South-North immigration is forbidden. Such a prevailing line is unjust, since it violates a principle of natural justice and runs afoul of an established legal tradition (which entails abiding by historically acquired rights). It is doubtful that states are entitled to outlaw alien immigration. Still less admissible is it that bringing succour to unauthorized immigrants should be considered a criminal offense. As against currently prevailing opinions, this paper proposes to acknowledge the universal human right of migration through the whole Planet.