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Judicial Review of Immigration Detention in the UK, US and EU - From Principles to Practice (Hardcover)
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Judicial Review of Immigration Detention in the UK, US and EU - From Principles to Practice (Hardcover)
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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.
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