That's why I asked about Constitutional prohibitions. But then I also do not know what other nations have a Constitution like the US or what procedures are needed for modification. For example I understand that within the EU it is the EU Constitution that controls issues of border access. Is religion a protected item under that Constitution?
Pretty much every Constitution guarantees freedom of religion in the modern world (in Europe at least. I can't pretend to know much about law elsewhere). There isn't an EU Constitution with a big C; but all EU member-sates are required to incorporate the European Convention on Human Rights into their law; which guarantees religious freedom.
Whether a guarantee of religious freedom necessarilt prohibits a ban on further immigration from Muslim nations is a different matter, however. The ECHR, for example, provides that:
quote:
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
but immigrating into Europe is not a right or freedom secured in the Convention, so does that matter?
The Swedish constitution has two categories of fundamental rights - inalienable and those which can be restricted in certain circumstances (so freedom of speech doesn't allow you to shout 'fire' in a crowded theatre, to use the hackneyed example). It's expressly stipulated, however, that no limitation can be "solely on grounds of a political, religious, cultural or other such opinion". But again, immigration into Europe is not a fundamental right.
It's clear to me that European citizens and residents cannot be discriminated against on the basis of religion; their freedom of movement within Europe cannot be curtailed on this basis and they cannot be deported on this basis. I cannot, however, see a clear consititutional obstacle* to prohibiting immigration from anywhere on whatever whim takes your fancy. I don't see that in the US constitution either though, so lawyers may differ.
*though moral and practical I can easily see
I do know that people have tried to use the right to respect for family life (which is guaranteed by the ECHR) to allow family members to join them, but I don't know the case law and of course this is only relevant to a small subset.
ABE: The Swedish constitution does prohibit any "act of law or other provision (which) may imply the unfavourable treatment of anyone because they belong to a minority group by reason of ethnic origin, colour, or other similar circumstances or on account of their sexual orientation."
Interesting that religion is not mentioned specifically here, but I guess you could consider it covered under 'other similar circumstances'. And if you're wondering why 'sexual orientation' is mentioned after 'other'; it was added by consitutional amendment rather ungrammatically.
Elsewhere in the fundamental law, however, it's stated that:
quote:
The public institutions shall combat discrimination of per-
sons on grounds of gender, colour, national or ethnic origin, linguistic or
religious affiliation, functional disability, sexual orientation, age or other
circumstance affecting the individual.
so I'm pretty sure Sweden cannot impose a Muslim ban consitutionally. That's one down.
I'm fairly sure the Dutch constitution prohibits the government from doing anything to discriminate on the basis of religion; but no Dutch court is allowed to strike down a law as unconsitutional, so that's of little use.
Edited by caffeine, : No reason given.