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Immigration Detention

Immigration Detention Law, History, Politics

Name: Immigration Detention
Brand: Cambridge University Press
SKU: 9781107005761
Price: 1387.10 HKD
Availability: OutOfStock
Author: Daniel Wilsher
ISBN: 9781107005761

By Daniel Wilsher

Cambridge University Press October 2011

Specifications

ISBN-13: 9781107005761
Publisher: Cambridge University Press
Publication: October 2011
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

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.

Contents:: 1. The emergence of detention: from free movement to regulated boarders in the common law world; 2. Modern immigration detention: the growth of the bureaucratic enterprise in United States, United Kingdom, Australia and France; 3. International law and immigration detention: between territorial sovereignty and emerging human rights norms; 4. Immigration detention and the European Union: the supra-national dimension and the demise of territorial sovereignty?; 5. Immigration detention as a tool of public and national security: the problem of internment in modern times; 6. Global migration and the politics of immigration detention; 7. Drawing boundaries around detention: finding a principled and practical approach.