International migration has been described as one of the defining issues of the twenty-first century. While a lot is known about the complex nature of migratory flows, surprisingly little attention has been given to one of the most prominent responses by governments to human mobility: the practice of immigration detention. Intimate Economies of Immigration Detention provides a timely intervention, offering much needed scrutiny of the ideologies, policies and practices that enable the troubling, unparalleled and seemingly unbridled growth of immigration detention around the world. An international collection of scholars provide crucial new insights into immigration detention recounting at close range how detention's effects ricochet from personal and everyday experiences to broader political-economic, social and cultural spheres. Contributors draw on original research in the US, Australia, Europe, and beyond to scrutinise the increasingly tangled relations associated with detention operation and migration management. With new theoretical and empirical perspectives on detention, the chapters collectively present a toolbox for better understanding the forces behind and broader implications of the seemingly uncontested rise of immigration detention. This book is of great interest to those who study political economy, economic geography and immigration policy, as well as policy makers interested in immigration.

Under the Human Rights Act, British courts are for the first time empowered to review primary legislation for compliance with a codified set of fundamental rights. In this book, Aileen Kavanagh argues that the HRA gives judges strong powers of constitutional review, similar to those exercised by the courts under an entrenched Bill of Rights. The aim of the book is to subject the leading case-law under the HRA to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political and theoretical questions which underpin it. Such questions include the idea of judicial deference, the constitutional status of the HRA, the principle of parliamentary sovereignty and the constitutional division of labour between Parliament and the courts. The book closes with a sustained defence of the legitimacy of constitutional review in a democracy, thus providing a powerful rejoinder to those who are sceptical about judicial power under the HRA.

Under the Human Rights Act, British courts are for the first time empowered to review primary legislation for compliance with a codified set of fundamental rights. In this book, Aileen Kavanagh argues that the HRA gives judges strong powers of constitutional review, similar to those exercised by the courts under an entrenched Bill of Rights. The aim of the book is to subject the leading case-law under the HRA to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political and theoretical questions which underpin it. Such questions include the idea of judicial deference, the constitutional status of the HRA, the principle of parliamentary sovereignty and the constitutional division of labour between Parliament and the courts. The book closes with a sustained defence of the legitimacy of constitutional review in a democracy, thus providing a powerful rejoinder to those who are sceptical about judicial power under the HRA.

In the last decade a new tool has been developed in the global war against official corruption through the introduction of the offense of "illicit enrichment" in almost every multilateral anti-corruption convention. Illicit enrichment is defined in these conventions to include a reverse burden clause which triggers an automatic presumption that any public official found in "possession of inexplicable wealth" must have acquired it illicitly. However, the reversal of the burden of proof clauses raises an important human rights issue because they conflict with the accused individual's right to be presumed innocent. Unfortunately, the recent spate of international legislation against official corruption provides no clear guidelines on how to proceed in balancing the right of the accused to be presumed innocent against the competing right of society to trace and recapture illicitly acquired national wealth. Combating Economic Crimes therefore sets out to address what has been left unanswered by these multilateral conventions, to wit, the level of burden of proof that should be placed on a public official who is accused of illicitly enriching himself from the resources of the State, balanced against the protection of legitimate community interests and expectations for a corruption-free society. The book explores the doctrinal foundations of the right to a presumption of innocence and reviews the basic due process protections afforded to all accused persons in criminal trials by treaty, customary international law, and municipal law. The book then goes on to propose a framework for balancing and 'situationalizing' competing human rights and public interests in situations involving possible official corruption.

Since 1990, 67 former heads of state or government have been legitimately prosecuted for serious human rights or financial crimes. Many of these leaders were brought to trial in reasonably free and fair judicial processes, and some served time in prison as a result. This book explores the reasons for the meteoric rise in trials of senior leaders and the motivations, public dramas, and intrigues that accompanied efforts to bring them to justice. Drawing on an analysis of the 67 cases, the book examines the emergence of regional trends in Europe and Latin America and contains eight case studies of high-profile trials of former government leaders: Augusto Pinochet (Chile), Alberto Fujimori (Peru), Slobodan Milosevic (former Yugoslavia), Charles Taylor (Liberia and Sierra Leone), and Saddam Hussein (Iraq) studies written by experts who closely followed their cases and their impacts on wider societies. This is the only book that examines the rise in the number of domestic and international trials globally and tells the tales in readable prose and with fascinating details.

In this comparative study of the contemporary politics of deportation in Germany and the United States, Antje Ellermann analyzes the capacity of the liberal democratic state to control individuals within its borders. The book grapples with the question of why, in the 1990s, Germany responded to vociferous public demands for stricter immigration control by passing and implementing far-reaching policy reforms, while the United States failed to effectively respond to a comparable public mandate. Drawing on extensive field interviews, Ellermann finds that these crossnational differences reflect institutionally determined variations in socially coercive state capacity. By tracing the politics of deportation across the evolution of the policy cycle, beginning with anti-immigrant populist backlash and ending in the expulsion of migrants by deportation bureaucrats, Ellermann is also able to show that the conditions underlying state capacity systematically vary across policy stages. Whereas the ability to make socially coercive law is contingent on strong institutional linkages between the public and legislators, the capacity for implementation depends on the political insulation of bureaucrats.

This book is about privacy interests in English tort law. Despite the recent recognition of a misuse of private information tort, English law remains underdeveloped. The presence of gaps in the law can be explained, to some extent, by a failure on the part of courts and legal academics to reflect on the meaning of privacy. Through comparative, critical and historical analysis, this book seeks to refine our understanding of privacy by considering our shared experience of it. To this end, the book draws on the work of Norbert Elias and Karl Popper, among others, and compares the English law of privacy with the highly elaborate German law. In doing so, the book reaches the conclusion that an unfortunate consequence of the way English privacy law has developed is that it gives the impression that justice is only for the rich and famous. If English courts are to ensure equalitarian justice, the book argues that they must reflect on the value of privacy and explore the bounds of legal possibility.

This book does not start from the premise that separate is inherently unequal. Writing from an "anti-subordination perspective," Professor Colker provides a framework for the courts and society to consider what programs or policies are most likely to lead to substantive equality for individuals with disabilities. In some contexts, she argues for more tolerance of disability-specific programs and, in other contexts, she argues for more disability-integrated programs. Her highly practical investigation includes the topics of K-12 education, higher education, employment, voting, and provision of health care. At the end of the book, she applies this perspective to the racial arena, arguing that school districts should be given latitude to implement more use of racial criteria to attain integrated schools because such environments are most likely to help attain substantive equality from an anti-subordination perspective. The book measures the attainment of equality not on the basis of worn-out mantras but instead on the basis of substantive gains.

Is there universalism of human rights? If so, what are its scope and limits? This book is a doctrinal attempt to define universalism of human rights, as well as its scope and limits. The book presents tests of universalism on international, regional and national constitutional levels. It is maintained that universalism of human rights is both a 'concept' and a 'normative reality'. The normative character of human rights is scrutinized through the study of international and regional agreements as well as national constitutions. As a consequence, limitations of normativity are identified, usually on the international level, and take the form of exceptions, reservations, and interpretations.

The book is based on the General and National Reports which were originally presented at the 18th International Congress of the International Academy of Comparative Law in Washington D.C. 2010.
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Even in an age characterized by increasing virtual presence and communication, speakers still need physical places in which to exercise First Amendment liberties. This book examines the critical intersection of public speech and spatiality. Through a tour of various places on what the author calls the "expressive topography," the book considers a variety of public speech activities including sidewalk counseling at abortion clinics, residential picketing, protesting near funerals, assembling and speaking on college campuses, and participating in public rallies and demonstrations at political conventions and other critical democratic events. This examination of public liberties, or speech out of doors, shows that place can be as important to one's expressive experience as voice, sight, and auditory function. Speakers derive a host of benefits, such as proximity, immediacy, symbolic function, and solidarity, from message placement. Unfortunately, for several decades the ground beneath speakers' feet has been steadily eroding. The causes of this erosion are varied and complex; they include privatization and other loss of public space, legal restrictions on public assembly and expression, methods of policing public speech activity, and general public apathy. To counter these forces and reverse at least some of their effects will require a focused and sustained effort - by public officials, courts, and of course, the people themselves.

About this Publication: Human Dignity: Lodestar for Equality in South Africa provides an in-depth analysis of human dignity and its relationship to equality in South African law. The author argues that human dignity is the attributive key that unlocks the constitutional meaning of equality and unfair discrimination. Equality cannot be usefully debated without first asking the vital question 'Equality of what?' The answer, it is contended, must be 'human dignity'. The philosophical and Abrahamic religious roots of these constitutional concepts of dignity and equality are investigated, then further explored and illustrated in the comparative context of South African, German and Canadian constitutional jurisprudence. Clashes and tensions between rights inevitably occur when the equality and non-discrimination rights of a Bill of Rights are applied horizontally, that is between subjects of the state themselves. The human dignity of the contestants plays a vital role in resolving such tensions and conflicts. Human dignity moreover has a determining function when applying constitutionally mandated restitutionary (compensatory) equality and when determining what the legitimate extent and duration of such restitution is. These issues are also considered in a comparative constitutional context. Peer Reviews: 'Retired Justice Laurie Ackermann was one of the giants of the "Mandela Constitutional Court" appointed in 1994. His new book on human dignity matches the weight and the profundity of his judicial writing on the subject. It is an authoritative, lawyerly and commanding exposition of the value that is the key to South Africa's constitutional future-the dignity of all its peoples.' Justice Edwin Cameron, Justice of the Constitutional Court of South Africa 'In this work, the claim that it is the inherent dignity and worth of every human person that must inform the interpretation and enforcement of the constitutional right to equality is backed up, inter alia, by a useful exposition of the Kantian concept of dignity and an illuminating and context-sensitive engagement with comparative constitutional law. The author's argument is systematically developed within a range of contexts, including anti-discrimination law, disputes over the scope and limits of measures designed to remedy past injustices, and conflicts over the appropriate balance between equality and freedom in cases involving the horizontal application of the Bill of Rights. Throughout, the author presents a well-argued and robust defence of a constitutional vision which places the dignity of the individual at the heart of the Constitution's transformative project. This is an important contribution which is certain to stimulate further analysis and debate.' - Prof Henk Botha, University of Stellenbosch Law Faculty 'The most systematic, theoretically rich, and intellectually provocative treatment in the academic literature to date on the subject of human dignity in South Africa's evolving equality jurisprudence.' Prof Sandra Liebenberg, HF Oppenheimer Professor of Human Rights Law, University of Stellenbosch Law Faculty

In recent years, the UN Human Rights Council has approved the 'Respect, Protect, and Remedy' Framework and endorsed the Guiding Principles on Business and Human Rights. These developments have been welcomed widely, but do they adequately address the challenges concerning the human rights obligations of business? This volume of essays engages critically with these important developments. The chapters revolve around four key issues: the process and methodology adopted in arriving at these documents; the source and justification of corporate human rights obligations; the nature and extent of such obligations; and the implementation and enforcement thereof. In addition to highlighting several critical deficits in these documents, the contributing authors also outline a vision for the twenty-first century in which companies have obligations to society that go beyond the responsibility to respect human rights.

Refuge beyond Reach shows how rich democracies deliberately and systematically shut down most legal paths to safety. Media pundits, politicians, and the public are often skeptical or ambivalent about granting asylum. They fear that asylum-seekers will impose economic and cultural costs and pose security threats to nationals. Consequently, governments of rich, democratic countries attempt to limit who can approach their borders, which often leads to refugees breaking immigration laws. In Refuge beyond Reach, David Scott FitzGerald traces how rich democracies have deliberately and systematically shut down most legal paths to safety. Drawing on official government documents, information obtained via WikiLeaks, and interviews with asylum seekers, he finds that for ninety-nine percent of refugees, the only way to find safety in one of the prosperous democracies of the Global North is to reach its territory and then ask for asylum. FitzGerald shows how the US, Canada, Europe, and Australia comply with the letter of law while violating the spirit of those laws through a range of deterrence methods-first designed to keep out Jews fleeing the Nazis-that have now evolved into a pervasive global system of "remote control." While some of the most draconian remote control practices continue in secret, Fitzgerald identifies some pressure points and finds that a diffuse humanitarian obligation to help those in need is more difficult for governments to evade than the law alone. Refuge beyond Reach addresses one of the world's most pressing challenges-how to manage flows of refugees and other types of migrants-and helps to identify the conditions under which individuals can access the protection of their universal rights.

An exploration of EU policy towards copyright enforcement on the Internet, examining the EU Telecoms Package from 2007-9. This book explains the puzzling case of copyright in telecoms law, and includes discussion of 3-strikes (graduated response), ISP liability and the French Hadopi law.

The goal of this study is to provide a general overview and thorough analysis of how the European Court of Human Rights deals with tort law issues such as damage, causation, wrongfulness and fault, the protective purpose of rules, remedies and the reduction of damages when applying art 41 of the European Convention on Human Rights (ECHR). These issues have been examined on the basis of a comprehensive selection and detailed analysis of the Court's judgments and the results compared with different European legal systems (Austria, Belgium, England and Wales, France, Germany, Hungary, Ireland, Italy, Poland, Romania, Scandinavia, Spain, Switzerland and Turkey), EC Tort Law and the Principles of European Tort Law. The introduction of art 41 (ex art 50) ECHR in 1950 as a compromise and the issues it raises now, the methodological approaches to the tort law of the ECHR, the perspectives of human rights and tort law and public international law as well as the question of whether the reparation awarded to victims of ECHR violations can be considered real 'just' satisfaction are addressed in five special reports (two of which are also available in German). Concluding remarks try to summarise the outcome.

European Union equality and anti-discrimination law were revolutionized by the incorporation of Article 13 into the EC Treaty, adding new anti-discrimination grounds and new possibilities. This comprehensive 2007 volume provides a fresh approach to Article 13 and its directives; it adopts a contextual framework to equality and anti-discrimination law in the European Union. Part I deals with the evolution of Article 13, demographic and social change and the inter-relationship between European Equality Law and Human Rights. Part II contains expert essays on each of the Article 13 anti-discrimination grounds: sex, racial or ethnic origin, religion or belief, disability, age and sexual orientation, with common themes weaving throughout. This book will be of interest to everyone concerned with combating discrimination, academics, NGOs, lawyers, human resource professionals, employers, employees, research students and many others in the European Union and beyond.

Judicial Reasoning under the UK Human Rights Act is a collection of essays written by leading experts in the field, which examines judicial decision-making under the UK??'s de facto Bill of Rights. The book focuses both on changes in areas of substantive law and the techniques of judicial reasoning adopted to implement the Act. The contributors therefore consider first general Convention and Human Rights Act concepts ??? statutory interpretation, horizontal effect, judicial review, deference, the reception of Strasbourg case-law ??? since they arise across all areas of substantive law. They then proceed to examine, not only the use of such concepts in particular fields of law (privacy, family law, clashing rights, discrimination and criminal procedure), but also the modes of reasoning by which judges seek to bridge the divide between familiar common law and statutory doctrines and those in the Convention.

This book is based on a conference on the future of the European asylum policy at Erasmus School of Law in Rotterdam, the Netherlands. After a challenge set by the Dutch State Secretary for Justice, Ms Nebahat Albayrak, the contributions to this book focus on human rights aspects of the European asylum policy and the way the EU Member States need to cooperate in the future in order to reach results. The authors are scholars, policy makers and representatives of NGOs. In this way, many different aspects of the problems are put forward. In the introduction and the conclusion the editors evaluate the results of this broad cooperation. Valuable for academics, practitioners, policymakers and NGO's involved with European asylum policy issues.

This book provides a detailed analysis, within an EU setting, of what we may mean by the phrase 'consumer citizen'. It examines the characterizations of the consumer in EU law and policy and argues the case for a limited conflation of the hitherto distinct concepts of the consumer and the citizen. As a basis for the model of consumer citizenship practice introduced in this book, ideas of the politicized consumer are discussed in parallel with legal and theoretical concepts of citizenship. The author's discussion then moves on to examine ideas of territorial and membership dimensions of European consumer citizenship and the policy initiatives that help define and encourage the consumer citizenship role. As the detail becomes clear a set of four related and interdependent normative influences on consumer citizenship practice are set into a framework that will provide a functional reference tool for policy makers and academic researchers.

Today, privacy is one of the most hotly debated topics worldwide. The book aims to balance the development of personal rights in a country that has historically valued collective rights over those of the individual. The protection of privacy is not an issue that has been emphasised during the rapid development of economic laws in China. However, the accompanying development of greater government-based regulation of these laws' implementation has led to greater invasions of personal privacy.
This study attempts to provide a way forward for China to address the ever-increasing concerns about the protection of privacy and puts forward a legislative model for protection.
This is achieved after a thorough analysis of the threats to privacy protection in China, a critical evaluation of the level of current privacy protection in China, and an analysis of the privacy laws in a series of developed nations based on common law and civil law.

With a Foreword by Prof. Asbjorn Eide, a former Chairman of the UN Working Group on Indigenous Populations, Chairman of the UN Working Group on Minorities, President of the Advisory Committee on National Minorities of the Council of Europe Following the internationalization of the indigenous rights movement, a growing number of African hunter-gatherers, pastoralists and other communities have channelled their claims for special legal protection through the global indigenous rights movement. Their claims as the indigenous peoples of Africa are backed by many (international) actors such as indigenous rights activists, donors and some academia. However, indigenous identification is contested by many African governments, some members of non-claimant communities and a number of anthropologists who have extensively interacted with claimant indigenous groups. This book explores the sources as well as the legal and political implications of indigenous identification in Africa. By highlighting the quasi-inexistence of systematic and discursive - rather than activist - studies on the subject-matter, the analysis questions the appropriateness of this framework in efforts aimed at empowering claimant communities in inherently multiethnic African countries. The book navigates between various disciplines in trying to better capture the phenomenon of indigenous rights advocacy in Africa. The book is valuable reading for academics in law and all (other) social sciences such as anthropology, sociology, history, political science, as well as for economists. It is also a useful tool for policy-makers, legal practitioners, indigenous rights activists, and a wide range of NGOs. Dr. Felix Mukwiza Ndahinda is Associate Professor at the International Victimology Institute Tilburg (INTERVICT), Tilburg University, The Netherlands.

How should political community be seen in the context of European integration? This book combines a theoretical treatment of political allegiance with a study of ordinary citizens, examining how taxi-drivers in Britain, Germany and the Czech Republic talk politics and situate themselves relative to political institutions and other citizens.

Miller discusses the possible governmental sanctions against integration and the possible ways in which the guarantees of the First and Fourteenth Amendments might be sought and obtained for private schools. He also analyzes the possible effects of discriminatory administrative enforcement of laws as a weapon against integration and the use of and protection against extra-legal sanctions.
A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

The first part of the book reviews the multi-level system of protection currently operating in Europe and its constitutional implications. The Charter is analysed from a legal, political and practical standpoint. The activity of the European Parliament as a fundamental rights actor will also be examined, as well as the right to a fair trial and to effective judicial protection before and by the EU Courts. The second part of the volume addresses the impact of a binding Charter on specific areas of EU Law. The order in which the contributions have been set out reflects the structure of the Treaty on the functioning of the European Union: free circulation of persons; the internal market; the area of freedom security and justice (civil and criminal aspects); social rights protection; environmental policy; enlargement; international trade and the Common Foreign and Security Policy.