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Making Migration Law: The Foreigner, Sovereignty, and the Case of Australia

Making Migration Law: The Foreigner, Sovereignty, and the Case of Australia

Name: Making Migration Law: The Foreigner, Sovereignty, and the Case of Australia
Brand: Cambridge University Press
SKU: 9781107173279
Price: 1097.07 HKD
Availability: InStock
Author: Eve Lester
ISBN: 9781107173279

By Eve Lester

Cambridge University Press April 2018

Specifications

ISBN-13: 9781107173279
Publisher: Cambridge University Press
Publication: April 2018
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

The emergence of international human rights law and the end of the White Australia immigration policy were events of great historical moment. Yet, they were not harbingers of a new dawn in migration law.

This book argues that this is because migration law in Australia is best understood as part of a longer jurisprudential tradition in which certain political-economic interests have shaped the relationship between the foreigner and the sovereign.

Eve Lester explores how this relationship has been wrought by a political-economic desire to regulate race and labour; a desire that has produced the claim that there exists an absolute sovereign right to exclude or condition the entry and stay of foreigners.

Lester calls this putative right a discourse of 'absolute sovereignty'. She argues that 'absolute sovereignty' talk continues to be a driver of migration lawmaking, shaping the foreigner-sovereign relation and making thinkable some of the world's harshest asylum policies.

1. Introduction

Part I.

2. Early International Law And The Foreigner

3. A Common Law Doctrine of Sovereignty

4. A Constitutionalisation of Sovereignty

Part II.

Introduction

5. Mandatory Detention

6. Planned Destitution

7. Conclusion

Epilogue

Index.