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Basic freedoms cannot be abandoned in times of conflict, or can
they? Are basic freedoms routinely forsaken during times when there
are national security concerns? These questions present different
conundrums for the legal profession, which generally values basic
freedoms but is also part of the architecture of emergency legal
frameworks. Unleashing the Force of Law uses multi-jurisdiction
empirical data and draws on cause lawyering, political lawyering
and Bourdieusian juridical field literature to analyze the
invocation of legal norms aimed at the protection of basic freedoms
in times of national security tensions. It asks three main
questions about the protection of basic freedoms. First, when do
lawyers mobilize for the protection of basic freedoms? Second, in
what kind of mobilization do they engage? Third, how do the
strategies they adopt relate to the outcomes they achieve? Covering
the last five decades, the book focusses on the 1980s and the
Noughties through an analysis of legal work for two groups of
independence seekers in the 1980s, namely, Republican (mostly
Catholic) separatists in Northern Ireland and Puerto Rican
separatists in the US, and on post-9/11 issues concerning basic
freedoms in both countries
''When the exception becomes the norm, the power of the sovereign
is arbitrary, just as in pre-democratic times. But such
arbitrariness is not random: it is applied primarily to certain
categories of what used to be called ''the lower orders'' of
society - the undocumented immigrants and the racially ''other,''
regardless of prior citizenship status. The very notion of citizen
becomes vague and the status can be lost through a Kafkaesque
process in which the state is unfathomable and often acts behind
the scenes. This book edited by Devyani Prabhat brings together
academics and lawyers working in the field of nationality and
immigration laws, and shows how what has long been a feature of the
labor market, namely, the precarious nature of jobs, has now become
a feature of basic rights of ''belonging.'' Citizenship is
precarious too. The chapters in this volume lead us straight to the
question: What is the rule of law in such state of indistinction?
Societies in decadence, like the current Western powers, entwine
retrenchment with resentment, the exceptional with the normal, the
in-group with the out-group. Devyani Prabhat and her colleagues
analyze with great precision the alarming advance of legal
imprecision, the interests that are vested in categorical
confusion, and the erosion of basic rights in societies like the UK
and the US - notably the right of persons to reside in peace and
without fear.' - Juan Corradi, New York University, US This
innovative book considers the evolution of the contemporary issues
surrounding British citizenship, integrating the social aspects and
ideas of identity and belonging alongside its legal elements. With
contributions from renowned lawyers and academics, it challenges
the view that there are immutable values and enduring rights
associated with citizenship status. The book is organised into
three thematic parts. Expert contributors trace the life cycle of
the citizenship process, focusing on becoming a British citizen,
retaining this citizenship with its associated rights, and the
potential loss of citizenship owing to immigration controls.
Through a critical examination of the concepts and content of
British citizenship, the premise that citizenship retracts from
full membership in society in times of turmoil is questioned.
Wide-ranging and interdisciplinary, Citizenship in Times of
Turmoil? will be a key resource for scholars and students working
within the fields of migration, citizenship and immigration law.
Including details of legal practice, it will also be of benefit to
practitioners.
Basic freedoms cannot be abandoned in times of conflict, or can
they? Are basic freedoms routinely forsaken during times when there
are national security concerns? These questions present different
conundrums for the legal profession, which generally values basic
freedoms but is also part of the architecture of emergency legal
frameworks. Unleashing the Force of Law uses multi-jurisdiction
empirical data and draws on cause lawyering, political lawyering
and Bourdieusian juridical field literature to analyze the
invocation of legal norms aimed at the protection of basic freedoms
in times of national security tensions. It asks three main
questions about the protection of basic freedoms. First, when do
lawyers mobilize for the protection of basic freedoms? Second, in
what kind of mobilization do they engage? Third, how do the
strategies they adopt relate to the outcomes they achieve? Covering
the last five decades, the book focusses on the 1980s and the
Noughties through an analysis of legal work for two groups of
independence seekers in the 1980s, namely, Republican (mostly
Catholic) separatists in Northern Ireland and Puerto Rican
separatists in the US, and on post-9/11 issues concerning basic
freedoms in both countries
Long term resident migrants to the UK still face significant
barriers to citizenship. Dr Prabhat captures the experiences of
those who successfully become British citizens through stories of
belonging, citizenship, and the law. The book exposes the
challenges which become insurmountable for many migrants, and
illuminates the gap between policy and practice in gaining British
citizenship.
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