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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: 9781316625767
Price: 504.40 HKD
Availability: InStock
Author: Eve Lester
ISBN: 9781316625767

By Eve Lester

Cambridge University Press August 2019

Specifications

ISBN-13: 9781316625767
Publisher: Cambridge University Press
Publication: August 2019
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

Also available as

Hardback

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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.