Judicial Review of Immigration Detention in the UK, US and EU: From Principles to Practice eBook
$25.00
Immigration detention is considered by many states to be a necessary tool in the execution of immigration policy.
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About this eTextbook
Immigration detention is considered by many states to be a necessary tool in the execution of immigration policy. Despite the apparently key role it plays in immigration enforcement, the law on immigration detention is often vague, especially in relation to determining the circumstances under which prolonged detention remains lawful. As a result, the courts are frequently called upon to adjudicate these matters, with scant legal tools at their disposal.
Though there have been some significant judgments on the legality of detention at the constitutional level, the extent to which these judgments have had an impact at the lower end of the judiciary is unclear. Indeed, it is the lower courts which are tasked with judging the legality of detention through habeas corpus or judicial review proceedings. This book examines the way this has occurred in the lower courts of two jurisdictions, the UK and the US, and contrasts this practice not only in those jurisdictions, but with judgments rendered by the Court of Justice of the European Union, a constitutional court at the other end of the judicial spectrum whose judgments are applied by courts and tribunals in the EU Member States.
Although these three jurisdictions use similar tests to evaluate the legality of detention, case outcomes significantly differ. Many factors contribute to this divergence, but key among them is the role that fundamental rights protection plays in each jurisdiction. Through a forensic evaluation of 191 judgments, this book compares the laws on detention in the UK, US and EU, and makes recommendations to these jurisdictions for improvement.
ISBNs for Judicial Review of Immigration Detention in the UK, US and EU are 9781509930463, 1509930469 and the print ISBNs are 9781509953592, 1509953590. Additional ISBNs include 9781509930456.
Publication details
- Author: Justine N Stefanelli
- Publisher: Hart Publishing
- Additional ISBN: 9781509930456
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About this eTextbook
Immigration detention is considered by many states to be a necessary tool in the execution of immigration policy. Despite the apparently key role it plays in immigration enforcement, the law on immigration detention is often vague, especially in relation to determining the circumstances under which prolonged detention remains lawful. As a result, the courts are frequently called upon to adjudicate these matters, with scant legal tools at their disposal.
Though there have been some significant judgments on the legality of detention at the constitutional level, the extent to which these judgments have had an impact at the lower end of the judiciary is unclear. Indeed, it is the lower courts which are tasked with judging the legality of detention through habeas corpus or judicial review proceedings. This book examines the way this has occurred in the lower courts of two jurisdictions, the UK and the US, and contrasts this practice not only in those jurisdictions, but with judgments rendered by the Court of Justice of the European Union, a constitutional court at the other end of the judicial spectrum whose judgments are applied by courts and tribunals in the EU Member States.
Although these three jurisdictions use similar tests to evaluate the legality of detention, case outcomes significantly differ. Many factors contribute to this divergence, but key among them is the role that fundamental rights protection plays in each jurisdiction. Through a forensic evaluation of 191 judgments, this book compares the laws on detention in the UK, US and EU, and makes recommendations to these jurisdictions for improvement.
ISBNs for Judicial Review of Immigration Detention in the UK, US and EU are 9781509930463, 1509930469 and the print ISBNs are 9781509953592, 1509953590. Additional ISBNs include 9781509930456.
Publication details
- Author: Justine N Stefanelli
- Publisher: Hart Publishing
- Additional ISBN: 9781509930456
What you receive
- A licensed digital edition of this title, supplied as PDF or EPUB. The format is set by the publisher, so email us the ISBN before ordering and we will confirm which one it is.
- Delivered to the email address on your order as a secure download link, usually within minutes and always within 24 hours of payment.
- Download links do not expire and there is no cap on re-downloads. Readable on any computer, tablet or phone, online or offline.
- This is a digital edition. Nothing is printed, packed or posted, and there is no delivery charge.
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