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October 3, 2025Modern Intellectual History0 citationsOpen Access

British Legal Opinion about Immigration and Sovereignty, 1833–1906

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DWDuncan Wallace

Key Points

  • Debates on the Crown's prerogative to exclude aliens shaped British legal perspectives on immigration.
  • Lawyers referenced Samuel Pufendorf and Emer de Vattel to argue for immigration exclusion based on sovereignty.
  • Three disputes from Mauritius, Australia, and Canada reflected doubts about legal authority over immigration.
  • A general skepticism emerged regarding the relevance of sovereignty to immigration control throughout this period.

Abstract

In the early nineteenth century, parliamentarians in Britain debated whether the Crown’s prerogative could be used to exclude and deport aliens. These arguments were later expanded in litigation about the immigration practices of the British colonies. On behalf of the colonies, some lawyers proposed that the executive powers of colonial officials were informed by the writings of Samuel Pufendorf and Emer de Vattel, who had claimed that the state could forbid the entry of foreigners. But across three disputes, from Mauritius (1830s), Australia (1880s), and Canada (1900s), lawyers in the colonies and in London revealed several doubts about this line of thought. In doing so, they expressed a more general skepticism about the relevance of sovereignty to immigration control.

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Cite This Study

Duncan Wallace (2025) studied this question.

synapsesocial.com/papers/68e034f7f0e39f13e7fa32dbhttps://doi.org/10.1017/s1479244325100188
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