Immigration Detention
eBook - PDF

Immigration Detention

Law, History, Politics

  1. English
  2. PDF
  3. Available on iOS & Android
eBook - PDF

Immigration Detention

Law, History, Politics

Book details
Table of contents
Citations

About This Book

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.

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Table of contents

  1. Cover
  2. IMMIGRATION DETENTION LAW, HISTORY, POLITICS
  3. Title
  4. Copyright
  5. CONTENTS
  6. Acknowledgements
  7. INTRODUCTION AND OVERVIEW: FREE MOVEMENT OF PERSONS AND LIBERTY OF THE PERSON
  8. 1 The creation of immigration detention: from free movement to regulated borders in America and the United Kingdom
  9. 2 Modern immigration detention and the rise of the permanent bureaucratic enterprise
  10. 3 International law and immigration detention: between territorial sovereignty and emerging human rights norms
  11. 4 Negotiating detention within the European Union: redefining friends and enemies
  12. 5 Security and immigration detention: the problem of internment in peacetime
  13. 6 Global migration and the politics of immigration detention
  14. 7 Restoring the rule of law and influencing politics: placing boundaries around detention
  15. BIBLIOGRAPHY
  16. INDEX