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Report No. 101

5.17. Position generally in other Constitutions.-

Municipal law1, it is stated, occasionally contains express constitutional provisions regarding the political activity of aliens. For example, Article 25 of the Nicaraguan Constitution states2 that aliens are prohibited from intervening, directly or indirectly, in the country's affairs. Violation of this prohibition renders the alien concerned liable to prosecution and expulsion. Such express constitutional provisions are, however, rare. It is more common for constitutions, by implication, to allow for the restriction of political activity by aliens.

While freedom of opinion and speech are usually guaranteed to all persons, only citizens are guaranteed quality before the law3. Thus, the way is left open for discrimination between citizens and aliens as regards the exercise of these freedoms. As for collective freedoms, such as freedom of association and assembly, these are usually guaranteed only to citizens. Thus, Constitutions are careful not to preclude the restriction of the exercise of such freedom of aliens4.

1. A.C. Evans The Political Status of Aliens in International Law, Municipal Law and European Community Law, (Jan. 1981), Vol. 30, Part I, 'the International and Comparative Law Quarterly, pp. 20, 24-25.

2. A.J. Peaslee Constitutions of Nations, (1968), Vol. 4, p. 959.

3. A.C. Evans The Political Status of Aliens in International Law etc., (Jan. 1981), Vol. 30, Part I, ICLO, pp. 20, 24-25.

4. A.C. Evans The Political Status of Aliens in International Law etc., (Jan. 1981), Vol 30k, Part I, ICLO, pp. 20, 24-25.



Freedom of Speech and Expression under Article 19 of the Constitution - Recommendation to Extend it to Indian Corporations Back




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