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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Ius Soli Principle

Björn Schiffbauer

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 11 December 2024

Subject(s):
Requirements for birthright citizenship — Ceremonies and tests — Requirements for naturalization — Loss of citizenship — Comparative constitutional law

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

1 The expression ‘ius soli’ is Latin for ‘the law of the soil’ (‘ius’—’law’; ‘solum’—’soil’, ‘land’, ‘ground’). The notion of ‘ius soli’ generally conveys a legal principle whereby territory is the main element based on which a certain legal status is attributed to a person. In general, such legal status can be defined as the ‘legal belonging to a community’ and it can often be characterized as ‘membership’ (Bauböck 65; Shachar 1003). In particular, and with regard to the present state-based world, such status is commonly known as citizenship or nationality (see...
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