Immigration Detention: Law, History, Politics - Hardcover

Wilsher, Daniel

Hardcover

ISBN 10: 1107005760 ISBN 13: 9781107005761

Publisher: Cambridge University Press, 2011

Synopsis

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.

About this title

Book Description:

The use of detention to control immigration calls into question modern states' adherence to the rule of law. Daniel Wilsher traces how modern states have come to use long-term detention without judicial control as a tool against irregular migration and as a public security measure.

About the Author:

Daniel Wilsher is a senior lecturer in law at City Law School, London and a part-time immigration judge in the Immigration and Asylum Chamber, First Tier Tribunal.

About this edition

• Publisher: Cambridge University Press
• Publication date: 2011
• ISBN 10: 1107005760
• ISBN 13: 9781107005761
• Binding: Hardcover
• Number of pages: 422