Immigration Detention and Human Rights: Rethinking Territorial Sovereignty (Immigration and Asylum Law and Policy in Europe): 19 - Hardcover

Book 2 of 45: Immigration and Asylum Law and Policy in Europe

Cornelisse, Galina

 
9789004173705: Immigration Detention and Human Rights: Rethinking Territorial Sovereignty (Immigration and Asylum Law and Policy in Europe): 19
Hardcover
ISBN 10: 9004173706 ISBN 13: 9789004173705
Publisher: Brill Nijhoff, 2010

Synopsis

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.

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About the Author

Galina Cornelisse, Ph.D. (2007) in Law, European University Institute, is Lecturer in Constitutional Law at Utrecht University. She has published on immigration detention in the European Journal of Migration and Law and a number of other journals and edited books.

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Publisher
Brill Nijhoff
Publication date
2010
Language
English
ISBN 10 
9004173706
ISBN 13 
9789004173705
Binding
Hardcover
Number of pages
404