Immigration detention and human rights : rethinking territorial sovereignty / by Galina Cornelisse.

Format:

Book

Author/Creator:

Cornelisse, Galina.

Series:

Immigration and asylum law and policy in Europe ; v. 19.

Immigration and asylum law and policy in Europe, 1568-2749 ; v. 19

Language:

English

Subjects (All):

Emigration and immigration law--Europe.

Emigration and immigration law.

Asylum, Right of--Europe.

Asylum, Right of.

Refugees--Civil rights--Europe.

Refugees.

Detention of persons--Europe.

Detention of persons.

Freedom of movement--Europe.

Freedom of movement.

Physical Description:

1 online resource (402 p.)

Edition:

1st ed.

Place of Publication:

Leiden ; Boston : Martinus Nijhoff Publishers, 2010.

Language Note:

English

Summary:

Practices of immigration detention are largely resistant to conventional forms of legal correction because contemporary liberal democracies justify these practices with an appeal to their territorial sovereignty, a concept that thwarts the very communicability of individual interests in modern constitutionalism. However, this book argues that human rights in the specific context of immigration detention can function as “destabilisation rights”, subjecting to full legal scrutiny those claims that the national state presents as predominantly based on its territorial sovereignty. The resulting destabilisation of territorial sovereignty in both domestic and international constitutionalism will have ramifications for a number of instruments of migration control, the perceived necessity and legitimacy of which is almost exclusively based on the self-referential notion of territorial sovereignty.

Contents:

Introduction : immigration detention in contemporary Europe

Sovereignty, people, and territory

Limiting sovereign power

Freedom of movement I : the right to leave as a human right

Freedom of movement II : decisions on entry as a sovereign prerogative?

Reaffirming sovereignty and reproducing territoriality : deportation and detention

International human rights law on immigration detention

The ECtHR : detention as a 'necessary adjunct' to an 'undeniable sovereign right'?

Destabilising territorial sovereignty through human rights litigation in immigration detention cases.

Notes:

Description based upon print version of record.

Includes bibliographical references (p. [345]-367) and index.

ISBN:

1-282-78629-6

9786612786297

90-474-4433-7

OCLC:

667288463

Publisher Number:

10.1163/ej.9789004173705.i-384 DOI