Report on United Kingdom
below), in which only British citizenship actually carried the right to live in the UK,
institutionalised within citizenship law the immigration policy of the past two
decades, which had been to withdraw rights of entry from non-white colonial subjects
including those who were still citizens.
If there is no underpinning national narrative that sets nationality law aside
from the instrumental concerns of immigration law, then nationality law is likely to
evolve in harmony with these. While the worst injustices of the 1981 Act have been
remedied, new forms of exclusion have emerged. The Labour government, which lost
power in 2010, attempted a general ‘rationalisation’ of both immigration and
citizenship rules to make them more rigorous, systematic and conditional. Having
introduced a points-based system based on the Australian model into the immigration
system in 2008, the government expressed the intention of extending it to settlement
(permanent residence) and citizenship. Citizenship was to be earned through
compliance, contribution and economic self-reliance, to be judged against objective
and measurable criteria. These complex plans were abandoned by the Coalition
government that came to power in 2010 who have focused their energies on reducing
opportunities for initial entry and settlement and on increasing powers and use of
deprivation of citizenship, creating new hierarchies so that many citizens’ right to
reside in the UK is barely more secure than that of migrants (and much less secure
than other EU citizens). There is still no clear consensus on what the rules of
Britishness ought to be, and no political will to address the problems of those who fall
outside new categories of exclusion. At the broader social and political level, the
legislative changes reflect and drive a restructuring of the philosophy of belonging,
foreignness and exclusion that is proving very uncomfortable for some.
1.4 The internal national and jurisdictional divisions of the UK
The UK is not generally a legal jurisdiction save for external international purposes.
Its internal territory is divided into constituent countries which have different legal
traditions and rules for many purposes other than nationality and citizenship, and the
current trend is towards greater devolution of power to those countries, particularly
Scotland. For most internal legal purposes, the three major constituent jurisdictions of
England and Wales (a united jurisdiction), Scotland and Northern Ireland have
separate legal systems. England, Wales and Scotland constitute Great Britain; the
Kingdom that is united is that of Scotland with England and Wales, which occurred in
1701.10
The UK also includes numerous smaller islands such as the Isle of Wight,
Lundy or the Scilly Isles, but not for most purposes the Channel Islands (the
Bailiwicks of Jersey and Guernsey, the latter of which includes Sark and Alderney) or
the Isle of Man. These are Crown dependencies but self-governing, even if, by virtue
of s. 50 (1) British Nationality Act 1981, they are part of the UK for nationality
purposes. ‘The British Islands’ is a legal term including the Channel Islands and the
Isle of Man as well as Great Britain (Interpretation Act 1978, Sch 1) but excluding the
Republic of Ireland; this term is however rarely used. The British Isles are a
geographical concept, and include what is now the Republic of Ireland, whose citizens
often have a privileged status in British law because of the historical union of England
and Ireland which took effect in 1801 and persisted, sorely resented in Ireland, until
the establishment of the Irish Free State in 1922 left only the northern part still united
with mainland Britain.
10
The English conquest of Wales was promulgated in the Statute of Rhuddlan (also Statute of Wales)
1284, and later formal union in the early sixteenth century providing for Welsh representation at
Westminster was or is seen by the Welsh as confirming the annexation of Wales by England, though
the monarchical Tudor dynasty was of Welsh origin.
RSCAS/EUDO-CIT-CR 2014/1 - © 2014 Authors
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