it is just a fact that sovereignty trumps free will in certain areas such as immigration policy. immigration policy is a fundamental element of sovereignty. sovereign states would disappear if foreigners could enter at will and refuse to leave. the consequence would be chaos and anarchy.
it is a generally accepted principle among developed nations that citizens can leave their state or any state, but they cannot enter any sovereign state without that state's permission.
the ethos that rubinstein alludes to cannot apply in a modern nation state of very limited territory and resources, which precisely has as its major function to be a jewish state for the ingathering of the exiles.
these judges are unelected, and indeed, self elected. they do not represent the citizens of the state. hence, it is ironic that naor speaks so glibly of the free will of foreigners.
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