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Wildy’s Book News

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Vol 22 No 5 May/June 2017

Book of the Month

Cover of Arlidge, Eady & Smith on Contempt

Arlidge, Eady & Smith on Contempt

Edited by: Patricia Londono, David Eady, A.T.H. Smith, Rt. Hon Lord Eassie
Price: £319.00

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Immigration Detention and Human Rights: Rethinking Territorial Sovereignty

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ISBN13: 9789004173705
Published: March 2010
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £143.00



Despatched in 12 to 14 days.

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.