Magna Carta, the Rule of Law and the Limits on Government

This paper surveys the legal tradition that links Magna Carta with the modern concepts of the rule of law and the limits on government. It documents that the original understanding of the rule of law included substantive commitments to individual freedom and limited government. Then, it attempts at explaining how and why such commitments were lost to a formalist interpretation of the rule of law from 1848 to 1939. The paper concludes by arguing how a revival of the substantive commitments of the rule of law is central in a project of reshaping modern states

Diaspora institutions and diaspora governance

Why do governments form institutions devoted to emigrants and their descendants in the diaspora? Such institutions have become a regular feature of political life in many parts of the world: Over half all United Nations Member States now have one. Diaspora institutions merit research because they connect new developments in the global governance of migration with new patterns of national and transnational sovereignty and citizenship, and new ways of constructing individual identity in relation to new collectivities. But these institutions are generally overlooked. Migration policy is still understood as immigration policy, and research on diaspora institutions has been fragmented, casestudy dominated, and largely descriptive. In this article, I review and extend the relevant theoretical literature and highlight empirical research priorities. I argue that existing studies focus too exclusively on national-level interests and ideas to explain how individual states tap diaspora resources and embrace these groups within the nation-state. However, these approaches cannot explain the global spread of diaspora institutions. This, I argue, requires a comparative approach and greater attention to the role of efforts to create a coherent but decentralized system of global governance in the area of international migration.Alan Gamle