A Political Promise or a Hollow Hope?
If one accepts the proposition that control of the gates is a core feature of state-centred citizenship, what can be the legal implications of urban citizenship, in addition to the ones that already exist?
If one accepts the proposition that control of the gates is a core feature of state-centred citizenship, what can be the legal implications of urban citizenship, in addition to the ones that already exist?
Kenneth Stahl argues that many countries such as the United States already have a form of “citizenship federalism,” in which local (not specifically urban) citizenship, based on residence, exists alongside national citizenship, rooted in nationality.
The assumption is that nation-states often undervalue potential immigrants and that cities would better value their potential contributions. Because citizenship involves not only inclusion but also exclusion, however, there are dangers to proposals such as Bauböck’s that “cities should determine who their citizens are independently of how states do this.”
On 23 January 2020, the government of the People’s Republic of China imposed a quarantine on the central Chinese city of Wuhan, population eleven million. Stephen Minas reinforces the cautionary trend in this debate over the merits and prospects of ‘urban citizenship’.
Helmut Aust reflects on the role of law in this discourse. The answer one might give to the question of decoupling citizenship from the state would arguably also depend on one’s disciplinary perspective. It is easier to think outside of the box from the perspective of political theory, political philosophy, and history than it is from the perspective of the law.
Urban citizenship is a bold and intriguing idea, regardless of whether we envision it as an alternative or as a complement to extant models of state-based membership. However, this concept seems to be slightly off target in identifying the main issue of city under-representation, namely the constitutional non-existence of cities, and more generally, the great constitutional silence surrounding today’s extensive urbanization and the consequent rise of megacities.
Should urban citizenship be emancipated from national citizenship? Barbara Oomen points at the international human rights framework for three reasons: (1) This is where local authorities are already looking for inspiration; (2) the legal framework of human rights offers an added value in meeting some of the underlying objectives of city-zenship; and (3) it could mitigate concerns legitimately raised in earlier contributions.
What goes underexplored in Bauböck’s commentary is the relationship of citizenship to sovereignty. Alexander Aleinikoff claims urban citizenship is a useful concept only to the extent that urban areas possess legal authority—some form of sovereignty—to rule by and for themselves.
Along with several other contributors to this Symposium (e.g., Hase and Lenard), Avigail Eisenberg is skeptical that enhancing urban democracy will help meet the global challenges we confront today.
Urbanisation has radically transformed the way that people live, but a corresponding legal and political shift has not taken place. In North America and most of Europe, the power of cities is derived from the sovereignty of the state. Many cities do not have access to the revenue needed to provide for the social welfare and infrastructure requirements of residents.