期刊名称：No Foundations : Journal of Extreme Legal Positivism
电子版ISSN：1797-2264
出版年度：2018
期号：15
页码：i
出版社：CoE Foundations
摘要：In recent years both European and traditional settler societies such asthe USA, Canada or Australia have faced a moment that has beendiagnosed as the crisis of recognition and multiculturalism and haveexperienced the rise of post-multiculturalism (Gozdecka, Ercan & Kmak2014; Kymlicka 2010; Vertovec 2010). This has come as somewhat of asurprise, since Western societies have for years been aspiring to adoptlaws and policies that tend to include rather than exclude different typesof minorities and recognise a vast array of identities. This trend towardsincreased inclusion has been driving both national and internationallegal platforms, leading to affirmation of the rights of minorities,pluralism, non-discrimination, tolerance, justice, solidarity and equalitybetween women and men by the majority of constitutional orders(Skrentny 2010) and institutions such as the EU (Treaty on EuropeanUnion, article 2). Recent years, however, have witnessed these hard wonprinciples in crisis, accompanied by a departure from the rhetoric ofinclusion, primarily in the context of ongoing arrivals of refugees andasylum seekers from Iraq and Syria. Constant references to a ‘migrationcrisis’ (Kenneth 2015) have led to such unprecedented changes as thevictory of the Brexit platform (Johnston 2017), the election of DonaldTrump (Klinkner 2017) or, more recently, the victory of Sebastian Kurz’sconservative right-wing party in Austria (Oltermann 2017). All of thesepolitical movements have been driven to a significant extent by antiimmigrationsentiment (Drummond 2009). The same tendencies havealso been visible in traditionally multicultural countries such as the USA,Australia, or Canada, where control of immigration (Tasker 2017),detention of refugees in offshore camps (Doherty 2017) and targeting
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