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Clayton: Textbook on Immigration & Asylum Law 3e
1. Are the UK's nationality laws closer to a principle of jus soli or jus sanguinis? Whichever you think, what elements can you find in UK nationality law of the other principle? How do registration and naturalization fit into this?
A. Define jus soli and jus sanguinis.
B. Note that the UK used to have a law of pure jus soli. Explain when this was the case and the effect of this rule.
C. Say when this changed, and what, in detail, the changes were. In relation to the new categories of nationality that emerged after these changes, examine each one and identify what soli or sanguinis elements they contain.
D. Draw your conclusion about which of these principles, if either, you think predominates, summarizing where each is found.
E. Explain briefly what are registration and naturalization and the conditions for each in outline. Note whether there are elements of connection with the land or blood connection in these conditions.
F. From this, identify whether registration and naturalization introduce other criteria into nationality in addition to land and blood connections. If so, what are these?
Following this guidance will require research and thought and will produce a substantial essay, I would guess of around 3,000 words. It could be shortened for instance by leaving out questions of registration and naturalization, or by limiting the enquiry to British Citizenship status.
2. Is it possible to give content to the idea of 'belonging' to a country? How would you do it?
Explain that the idea of 'belonging' is a political one, related to defining nationals of a country. This question can introduce ideas of civic participation and national language as well as of jus soli and jus sanguinis. The life in the UK course and handbook could be perused and evaluated. Consult the documentation produced in the course of Lord Goldsmith's Citizenship Review at http://www.justice.gov.uk/reviews/citizenship.htm.
Note that there is now a report which contains his recommendations, published in March 2008: Citizenship: Our Common Bond.
You could also consider the criteria for deprivation of nationality in the context of 'belonging'.
This essay has the potential to be very wide-ranging and could be as long as you have time and interest for. It would also be possible to limit it by choosing one aspect, for instance examining just Lord Goldsmith's report, or just deprivation of nationality, against the idea of 'belonging' - and considering whether that idea is useful or not.
Conclude with your own thoughts on the subject, informed by what you have read and written.