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The Liberty of Non-citizens - Indefinite Detention in Commonwealth Countries (Hardcover, New)
Loot Price: R3,033
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The Liberty of Non-citizens - Indefinite Detention in Commonwealth Countries (Hardcover, New)
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The book addresses the legality of indefinite detention in
countries including Australia, the United Kingdom and Canada,
enabling a rich cross-fertilisation of experiences and discourses.
The issue has arisen where a government is frustrated in its
ability to remove a non-citizen subject to a removal order and
employs a power to detain him until removal. The cases raise
fundamental questions about the nature and extent of immigration
powers, the legal position of non-citizens and counter-terrorism
law and policy. More broadly, the judgments have become key
reference points in discussions of constitutionalism, rights and a
range of contemporary issues in public law.The book analyses the
legal context, reasoning and implications of the case law on
indefinite detention. It argues that the law of each jurisdiction
contains ample resources to support a ruling that indefinite
detention is illegal. It demonstrates that, taking into account
variations in legal frameworks and doctrines, a judge's response to
indefinite detention is determined by his or her answer to the
question whether a non-citizen, subject to a removal order, retains
a right to liberty. It details how a judge's answer flows through
his or her adjudication on the scope of the relevant exception to
liberty.The thesis on which the book is based won the 2010 Marks
Medal from the University of Toronto Law Faculty for the best
graduate thesis.
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