Legal expulsion measure or the measure of confinement was the reflection of understanding of the meaning of human rights and fundamental freedoms in the entire given era. This understanding was initially under conditions
of absolutist authority and legal absolutism. The time after revolution fervor in
the whole Europe and Austria in 1848 marked a fundamental break in understanding of the meaning of human rights and fundamental freedoms. This was
reflected in clearer conditions for legal measures or administrative measures
relating to expulsion of all types, local, regional or state.
After the first world war, the rule of law demonstrated consistency in understanding and ensuring the respect of freedoms and human rights. But legal
provisions regarding expulsion remained in the regulations determining penal
measures of courts and administrative measures of the authority. Our kingdom
determined, even ordered, confinement to concentration camps for the opponents of regime, mainly communists and antifascists. Under socialism, the
provisions regarding expulsion and determining the place of residence were
initially maintained. The latter possibly became the harshest interference with
human dignity, freedoms, and rights. This is the reason why the field of human
rights was concealed and pushed to the background for several decades. However, over time, international organizations started emphasizing the demands
for consolidating and respecting fundamental human rights and freedoms. Even
our country was not able to remain indifferent to this. The expulsion of our
citizens started to die out and then finally died out. In the independent state of
Slovenia the expulsion became merely a court measure taken against foreigners. Developments in this area were the same as those of the country to which
Slovenians belonged (empire, kingdom or federal state).
In all the constitutions that were (also) in force in our territory, there
was talk of the constitutional right of freedoms and human rights. However, the
clause that the law may provide for exemptions from the constitutional provisions was added. In the independent Slovenia, this applies to our citizens and
foreigners.
The development of fundamental human freedoms and rights during the
two centuries and a half considered was not linear and uninterrupted. Thus
some rights were more respected in the time under the empire than the kingdom or federal state. Independent Slovenia must respect them due to its membership in international organizations, especially such as global organization
and its specialized organizations and declarations, and the European Union