Immigration Detention And The Rule Of Law
DOWNLOAD
Download Immigration Detention And The Rule Of Law PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Immigration Detention And The Rule Of Law book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Immigration Detention And The Rule Of Law
DOWNLOAD
Author : Michael Fordham
language : en
Publisher:
Release Date : 2013
Immigration Detention And The Rule Of Law written by Michael Fordham and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Alien detention centers categories.
Immigration Detention
DOWNLOAD
Author : Daniel Wilsher
language : en
Publisher:
Release Date : 2012
Immigration Detention written by Daniel Wilsher and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Detention of persons categories.
The liberal legal ideal of protection of the individual against administrative detention without trial is embodied in the habeas corpus tradition. However, the use of detention to control immigration has gone from a wartime exception to normal practice, thus calling into question modern states' adherence to the rule of law. Daniel Wilsher traces how modern states have come to use long-term detention of immigrants without judicial control. He examines the wider emerging international human rights challenge presented by detention based upon protecting 'national sovereignty' in an age of global migration. He explores the vulnerable political status of immigrants and shows how attempts to close liberal societies can create 'unwanted persons' who are denied fundamental rights. To conclude, he proposes a set of standards to ensure that efforts to control migration, including the use of detention, conform to principles of law and uphold basic rights regardless of immigration status"
Judicial Review Of Immigration Detention In The Uk Us And Eu
DOWNLOAD
Author : Justine N Stefanelli
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-01-23
Judicial Review Of Immigration Detention In The Uk Us And Eu written by Justine N Stefanelli and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-23 with Law categories.
Immigration detention is considered by many states to be a necessary tool in the execution of immigration policy. Despite the apparently key role it plays in immigration enforcement, the law on immigration detention is often vague, especially in relation to determining the circumstances under which prolonged detention remains lawful. As a result, the courts are frequently called upon to adjudicate these matters, with scant legal tools at their disposal. Though there have been some significant judgments on the legality of detention at the constitutional level, the extent to which these judgments have had an impact at the lower end of the judiciary is unclear. Indeed, it is the lower courts which are tasked with judging the legality of detention through habeas corpus or judicial review proceedings. This book examines the way this has occurred in the lower courts of two jurisdictions, the UK and the US, and contrasts this practice not only in those jurisdictions, but with judgments rendered by the Court of Justice of the European Union, a constitutional court at the other end of the judicial spectrum whose judgments are applied by courts and tribunals in the EU Member States. Although these three jurisdictions use similar tests to evaluate the legality of detention, case outcomes significantly differ. Many factors contribute to this divergence, but key among them is the role that fundamental rights protection plays in each jurisdiction. Through a forensic evaluation of 191 judgments, this book compares the laws on detention in the UK, US and EU, and makes recommendations to these jurisdictions for improvement.
The Criminalisation Of Migration In Europe
DOWNLOAD
Author : Valsamis Mitsilegas
language : en
Publisher: Springer
Release Date : 2014-10-31
The Criminalisation Of Migration In Europe written by Valsamis Mitsilegas and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-31 with Law categories.
This is the first monograph providing a comprehensive legal analysis of the criminalisation of migration in Europe. The book puts forward a definition of the criminalisation of migration as the three-fold process whereby migration management takes place via the adoption of substantive criminal law, via recourse to traditional criminal law enforcement mechanisms including surveillance and detention, and via the development of mechanisms of prevention and pre-emption. The book provides a typology of criminalisation of migration, structured on the basis of the three stages of the migrant experience: criminalisation before entry (examining criminalisation in the context of extraterritorial immigration control, delegation and privatisation in immigration control and the securitisation of migration); criminalisation during stay (examining how substantive criminal law is used to regulate migration in the territory); and criminalisation after entry and towards removal (examining efforts to exclude and remove migrants from the territory and jurisdiction of EU Member States and criminalisation through detention). The analysis focuses on the impact of the criminalisation of migration on human rights and the rule of law, and it highlights how European Union law (through the application of both the EU Charter of Fundamental Rights and general principles of EU law) and ECHR law may contribute towards achieving decriminalisation of migration in Europe.
Refugees Asylum Seekers And The Rule Of Law
DOWNLOAD
Author : Susan Kneebone
language : en
Publisher: Cambridge University Press
Release Date : 2009-03-19
Refugees Asylum Seekers And The Rule Of Law written by Susan Kneebone and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-03-19 with Law categories.
An assessment of the impact of asylum on the integrity of the rule of law in five common law jurisdictions.
Immigration Detention
DOWNLOAD
Author : Daniel Wilsher
language : en
Publisher: Cambridge University Press
Release Date : 2011-10-27
Immigration Detention written by Daniel Wilsher and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-27 with Political Science categories.
The liberal legal ideal of protection of the individual against administrative detention without trial is embodied in the habeas corpus tradition. However, the use of detention to control immigration has gone from a wartime exception to normal practice, thus calling into question modern states' adherence to the rule of law. Daniel Wilsher traces how modern states have come to use long-term detention of immigrants without judicial control. He examines the wider emerging international human rights challenge presented by detention based upon protecting 'national sovereignty' in an age of global migration. He explores the vulnerable political status of immigrants and shows how attempts to close liberal societies can create 'unwanted persons' who are denied fundamental rights. To conclude, he proposes a set of standards to ensure that efforts to control migration, including the use of detention, conform to principles of law and uphold basic rights regardless of immigration status.
Statement Of The European Law Institute Detention Of Asylum Seekers And Irregular Migrants And The Rule Of Law
DOWNLOAD
Author : European Law Institute
language : en
Publisher:
Release Date : 2017
Statement Of The European Law Institute Detention Of Asylum Seekers And Irregular Migrants And The Rule Of Law written by European Law Institute and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
Immigration Detention And Human Rights
DOWNLOAD
Author : Galina Cornelisse
language : en
Publisher: BRILL
Release Date : 2010
Immigration Detention And Human Rights written by Galina Cornelisse and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
Practices of immigration detention in Europe are largely resistant to conventional forms of legal correction. By rethinking the notion of territorial sovereignty in modern constitutionalism, this book puts forward a solution to the problem of legally permissive immigration detention.
Immigration And American Democracy
DOWNLOAD
Author : Robert Koulish
language : en
Publisher: Routledge
Release Date : 2010-02-05
Immigration And American Democracy written by Robert Koulish and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-02-05 with Political Science categories.
While the idea of immigration embodies America’s rhetorical commitment to democracy, recent immigration control policies also showcase abysmal failures in democratic practice. Immigration and American Democracy examines these failures in terms of state sovereignty, neoliberalism, and surveillance-based techniques of social control. The ideological argument for privatization is not new. But immigration has provided a laboratory for replicating on American soil the sorts of outsourcing travesties that have occurred in America’s war in Iraq. As an outcome, abusive executive powers—many delegated to state and local governments and private actors—are manifested every day in data collection, spying, detention, and deportation hearings, and in many cases bypassing the Constitution. The practice of privatization extends this leviathan immigration state by clamping down on civil liberties without having to oblige the courts. Ultimately, Koulish examines the contested terrain between democratic and undemocratic forces in the immigration policy domain and concludes with recommendations for how democratic forces might well still win out.
Detention Under The Immigration Acts
DOWNLOAD
Author : Graham Denholm
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
Detention Under The Immigration Acts written by Graham Denholm and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
The UK has some of the largest immigration detention facilities in Europe, holding as many as 3000 individuals at any point in time. Foreign nationals are held under immigration powers in a variety of circumstances including on arrival pending examination, whilst an asylum claim is considered in the Detained Fast Track, and pending administrative removal or deportation. The routine use of detention powers, particularly in relation to foreign national offenders, has increased dramatically in the years since 2006. Advising individuals detained under immigration powers is no longer a niche field. An increasing number of practitioners need access to a clear reference guide when faced with cases which touch on this issue. Detention under the Immigration Acts: Law and Practice is the only text to provide a comprehensive and detailed account of the statutory powers underpinning immigration detention and the limitations on those powers afforded by the common law, the European Convention on Human Rights and the law of the European Union. It is an invaluable resource not only for those working predominantly in immigration but also practitioners whose work may touch on this increasingly complex area, whether from a civil or criminal perspective, as well as the judiciary and government officials with a need for clear legal guidance. Taking a practice focused approach, the work addresses the procedural aspects of litigation challenging detention, from bail applications in the Tribunal through judicial review claims in the Administrative Court, to civil claims before the County Court and the Queen's Bench Division of the High Court. It offers unparalleled coverage of the many hundreds of domestic cases on the subject, saving practitioners valuable time in their legal research. It also examines, in more detail than has ever been done before, the case law of the European Court of Human Rights and the Court of Justice of the European Union and suggests arguments to challenge detention and seek damages that have not so far been used in domestic courts. Written by an author team representing both claimant and government interests, key issues are considered from a neutral perspective, providing a balanced and detailed exploration of the common law and policy based principles governing the exercise of immigration detention powers.